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: : : OF : : RONALD JUDY, DAVID A. WART : and FRANK B. FRAZIER : WOODSTOWN-PILESGROVE BOARD OF : EDUCATION : SALEM COUNTY : : IN THE MATTER BEFORE THE SCHOOL ETHICS COMMISSION Docket No. C20-03/C21-03

J.S. 9:3-25 et seq. And that a penalty of 1,000 per violation should be imposed. On May 27, 2003, the State Board of Education approved a settlement of the matter between the Board, the defendants, and a settlement of 3,250 in fines. The Board issued a news release which announced that the Board had reached a settlement. To the extent the settlement of the matter raised for review issues pertaining principally to Board members, it is included herein. On October 10, 2005, the Board again issued a news release announcing its refusal to settle with the plaintiffs and its resolution of the suit against the Board. The board's stated reasons for such action were that: 1) the allegations in the complaint have not been conclusively proven; 2) the settlement amount was too much; 3) Mr. Morrison filed his complaint too late, and there was no evidence to prove his claim; 4) Ms. Judy, Mr. Wart and Mr. Frazier have not met the standard of care and professionalism owed their position; 5) Plaintiffs would have the opportunity to pursue additional claims at a later date against non-school employees and non-Board members; 6) a settlement would have not provided plaintiffs with sufficient funds for their settlement; 7) the board sought damages for the alleged improper use of tax-exempt donations by both the Township and the Board. The Board's action did not appear to be part of any campaign of retaliation or retaliation against the Board. In the matter of Mr. Morrison, the board's action came after Mr. Morrison filed its complaint seeking to depose Mrs. Judy, Mr. Wart and Mr. Frazier. On September 21, 2003, the Board declined to depose Mrs. Judy; Mr. Wart and Mr. Frazier were subpoenaed by the Department of Education but were served and refused to appear. On June 26, 2005, the Board decided to settle its lawsuit by accepting a 3,250 settlement. The settlement does not contain a provision requiring the plaintiffs to obtain damages from other non-school entities, including the Township, and other board members. It does not contain any provision barring the Board from exercising its prosecutorial powers in any other judicial or administrative proceedings. The settlement also does not permit defendants to assert that it has violated the Fair Housing Act. The Board is not claiming that any of the defendants, or their agents, have engaged in any discriminatory policy.

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