Appellants, Central Regional Board of Education (Board) members Ronald Donnerstag, Kristin Lanko, Lisa Snider, Wendy Vacante, Matthew Delprete, Patricia Fortus, Jaime Cestare, Scott Alfano, and Lynne Sweezo, appeal the School Ethics Commission's final agency decisions dismissing their twelve-count complaint under the School Ethics Act (Act), N.J.S.A. 18A:12-21 to -34, seeking disciplinary action against fellow Board member, respondent Merissa Borawski. Appellants' allegations targeted Borawski's posts and repost uploaded to her public social media account while she was a Board member-elect and a Board member regarding labor union membership, COVID-19 mandates, and State gender identity curriculum. In addition, appellants allege Borawski violated Governor Philip Murphy's Executive Order 251 by not wearing a facemask at a public Board meeting while a Board member.
The court affirms the Commission's grant of Borawski's motion to dismiss allegations in counts one, two, three, four, five, eight, nine, ten, eleven, and twelve that she violated N.J.S.A. 18A:12-24.1(a) regarding her social media posts and reposts criticizing COVID-19 mandates and gender identity curriculum, and non-compliance with Executive Order 251. The Commission correctly determined appellants failed to comply with N.J.A.C. 6A:28-6.4(a)(1) because there was no order issued by a court or administrative agency that Borawski violated state law or regulations.
The court affirms the Commission's grant of Borawski's motion to dismiss allegations in counts six and seven that she violated N.J.S.A. 18A:12-24.1(e) regarding her social media posts and repost criticizing COVID-19 mandates and applauding the acquittal of an alleged racist. The Commission correctly determined that it did not have jurisdiction under the Act over Borawski's posts because the posts were made when she was a Board member-elect.
The court reverses the Commission's grant of Borawski's motion to dismiss allegations in count three that she violated N.J.S.A. 18A:12-24.1(e) by not complying with Executive Order 251, and remand for the Commission to address the merits of the count. The Commission arbitrarily determined Borawski's conduct was not a nexus with her role as a Board member and did not have the potential to undermine the authority of the Board.
The court affirms the Commission's summary decision finding that the allegations in counts two, four, five, eight, nine, ten, eleven, and twelve did not violate N.J.S.A. 18A:12-24.1(e). There was no evidence Borawski's conduct compromised the Board.
The court reverses the Commission's summary dismissal of Borawski's allegations in count one that she violated N.J.S.A. 18A:12-24.1(e) regarding her social media post challenging labor union membership and remand to the Commission to determine the appropriate penalty. The Commission's decision was arbitrary, capricious, and unreasonable as it was contrary to the credible evidence in the record that the post compromised the Board because it resulted in an unfair labor practice charge being filed against the Board. We remand to the Commission to recommend to the Commissioner of Education the extent of Borawski's penalty.