BEFORE THE SCHOOL ETHICS COMMISSION

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CHRIS CHRISTIE Governor KIM GUADAGNO LI. Governor
DEPARTMENT OF EDlI('I\110N
TRENTON,

PO Box SOO NJ ()8625()500

CHRISTOI)UER

D.

CERF

I\clbl8 Commissioner

DATE:

August 24,2011

CASE TITLE:

PATRICIA DELGIUDICE V. JEFFREY HEWITSON, HAMILTON TOWNSHIP BOARD OF EDUCATION, MERCER COUNTY, SCHOOL ETHICS COMMISSION DOCKET #C38-11

FOR THE COMPLAINANT Michael J. Heron, Esq. Lenox, Socey, Formidoni, Giordano, Cooley & Casey 3131 Princeton Pike - 1B Lawrenceville, NJ 08648 FOR THE RESPONDENTMr. Jeffrey Hewitson 33 Sedona Boulevard Hamilton, NJ 08690 Dear Mr. Heron: Document filed by:

[8J Complainant

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Answer to Complaint with allegation of frivolous filing Pursuant to N.J.A.C. 6A:28-7.2(b) when an answer alleges that a complaint is frivolous, the complainant shall have 20 days from receipt of the answer to respond to the allegation and provide proof of service upon the respondent. Answer to Complaint

This will acknowledge receipt of the following document(s) filed with the School Ethics Commission on August 23, 2011 in the above-titled matter.

Complaint Each respondent shall have 20 days from receipt of the complaint within which to file an answer in accordance with N.J.A.C. 6A:28-7. An answer must be signed under oath by the respondent, must include an original and two copies and proof of service upon each complainant. N.J.A.C. 6A:28-1.7. AD' respondent may file a motion to dismiss in lieu of an answer within 20 days of receipt of the complaint. N.J.A.C. 6A:28-8.

Response to Motion to Dismiss

Motion to Dismiss in lieu of an Answer Within 20 days from receipt of the motion, the complainant shall file an original and two copies of a responsive brief, including a response to any allegations of frivolous filing, together with proof of service. All timely-filed papers shall be considered at the Commission's next regularly scheduled meeting. N.J.A.C. 6A:28-8.2(a).

Response to Allegation of Frivolous Filing

181

Other:

Deficient

Complaint

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The following deficiencies must be addressed within 20 days of the date of this notice. If the deficiencies concern a complaint, the complaint may be administratively dismissed, pursuant to N.JAC. 6A:28-10.2, if the deficiencies are not addressed within 20 days.

Complaint does not include a person as the complainant. A complaint may not be submitted on behalf of an organization or entity. N.JAC. 6A:28-6.1. Complaint does not include the date(s) of the occurrence(s) of each specific allegation. N.JAC.6A:28-6.3(b)4.

Complaint does not include the full name, home address and phone number of each complainant ( ) and/or each respondent (). N.JAC. 6A :28-6.3(b)1 and 2. Complaint does not include a statement as to whether any other action has been instituted in the matter which is the subject of the complaint or is pending in any court of law or administrative agency of this State. N.JAC.6A:28-6.3(b)6. Complaint does not include a brief statement, in individually numbered paragraphs, setting forth the specific allegation(s) and the facts supporting them which have given rise to the alleged violations(s) of the School Ethics Act. N.JAC. 6A:28-6.3(b)3. Complaint alleges a violation of the Code of Ethics for School Board Members against a respondent who is not a school board member. N.JAC. 6A:28-6.3(c). No proof of service provided. Filings cannot be accepted until the Commission receives proof of service, pursuant to N.JAC. 6A:28-1.7. Answer does not include a certification under oath, as required by N.JAC. 6A:28-7.2(c). Answer does not include an original and two copies as required by N.JAC. 6A:28-7.1 (a). Answer does not fully and completely advise the parties and the Commission as to the nature of the respondent's defenses for each allegation, as required by N.JAC. 6A:28-7.2(a).

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Complaint does not include the section(s) of the "School Ethics Act claimed to be violated for each specific allegation. N.JAC.6A:28-6.3(b)5. Note: N.J.SA 18A:12-22 is the provision of the School Ethics Act which sets forth the Legislature's findings and declarations and does not contain standards that are enforceable by the Commission.

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Complaint does not include a notarized signature and certification under oath for each complainant. N.JAC.6A:28-6.3(b)7. Complaint does not include an original plus two copies, together with a copy for each respondent. N.JAC. 6A:28-6.2(a). Other: Paragraph #5 includes an allegation which is untimely, pursuant to N.J.A.C. 6A:28-6.5. Additionally, even assuming this was a typographical error, the paragraph alleges a violation of N.J.S.A. 18A:12-24(c) and "N.J.S.A. 18A:12-24.1."

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Where a party is required to submit documents within 20 days of receipt of this notice and a "green card" is not returned to the Commission showing a delivery date, "receipt" shall be deemed to be three days from the date of this notice, which is also the mailing date. Subject to the exceptions set forth regarding any pending matter until it until the matter is settled, withdrawn School Ethics Commission at (609) Department of Education, P.O. Box at N.JAC. 6A:28-6.6(g), the Commission shall hold all information confidential first takes action at a public meeting to determine probable cause, or violation, or or dismissed. Questions regarding this acknowledgement may be directed to the 984-6941. All submissions may be sent to: School Ethics Commission, clo 500, Trenton, NJ 08625.

Joann B yle, Executive Director School Ethics Commission

JB/cmIlE:\Complaint\Acknowledgement\2011 \C38-11-Deficient Complaint.Docx