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BEFORE THE SCHOOL ETHICS COMMISSION

CHRIS CHRISTIEGovernor

'tate I lf~tUJ ;Jers tyDEPARTMENT OF EDlI('I\110N

POBox S O OTRENTON, NJ ( )8 625 ()500 CHRISTOI)UER D . CERF

I\clbl8 CommissionerKIM GUADAGNO

LI. Governor

DATE: August 24,2011 CASE TITLE: PATRICIA DELGIUDICE V. JEFFREY HEWITSON, HAMILTONTOWNSHIP BOARD OF EDUCATION, MERCER COUNTY,SCHOOL ETHICS COMMISSION DOCKET #C38-11FOR THE COMPLAINANT -Michael J. Heron, Esq.Lenox, Socey, Formidoni, Giordano, Cooley & Casey3131 Princeton Pike - 1BLawrenceville, NJ 08648FOR THE RESPONDENT-Mr. Jeffrey Hewitson33 Sedona BoulevardHamilton, NJ 08690Dear Mr. Heron:

Document fi led by: [ 8 J Complainant oRespondentThis will acknowledge receipt of the following document(s) filed with the School Ethics Commission on August 23, 2011in the above-titled matter.o Complaint o Answer to Complaint with allegation of frivolous filing

Each respondent shall have 20 days fromreceipt of the complaint within which to file ananswer in accordance with N.J.A.C. 6A:28-7.An answer must be signed under oath by therespondent, must include an original and twocopies and proof of service upon eachcomplainant. N.J.A.C. 6A:28-1.7. AD'respondent may file a motion to dismiss in lieuof an answer within 20 days of receipt of thecomplaint. N.J.A.C. 6A:28-8.

o Response to Motion to Dismiss

Pursuant to N.J.A.C. 6A:28-7.2(b) when an answeralleges that a complaint is frivolous, thecomplainant shall have 20 days from receipt of theanswer to respond to the allegation and provideproof of service upon the respondent.

Answer to Complaint

o Motion to Dismiss in lieu of an AnswerWithin 20 days from receipt of the motion, thecomplainant shall file an original and two copies ofa responsive brief, including a response to anyallegations of frivolous filing, together with proof ofservice. All timely-filed papers shall be consideredat the Commission's next regularly scheduledmeeting. N.J.A.C. 6A:28-8.2(a).

o 1 8 1 Other: Deficient Complaint - See page 2.esponse to Allegation of Frivolous Filingwww.n; sov/educ:a tionNew /mq Is An F .qud I 0pp0rItmity E """.,.. P rin ttrlO ft RIcycW "n 4 RtcycWII P . " "

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The following deficiencies must be addressed within 20 days of the date of this notice. If the deficiencies concern acomplaint, the complaint may be administratively dismissed, pursuant to N.JAC. 6A:28-10.2, if the deficiencies are notaddressed within 20 days.o Complaint does not include a person as the 0complainant. A complaint may not be submitted

on behalf of an organization or entity. N.JAC.6A:28-6.1.o Complaint does not include the date(s) of the 0occurrence(s) of each specific allegation.N.JAC.6A:28-6.3(b)4.o Complaint does not include the section(s) of the 0"School Ethics Act claimed to be violated for eachspecific allegation. N.JAC.6A:28-6.3(b)5.

Note: N.J.SA 18A:12-22 is the provision ofthe School Ethics Act which sets forth theLegislature's findings and declarations and 0does not contain standards that areenforceable by the Commission.

o Complaint does not include a notarized signature 0and certification under oath for eachcomplainant. N.JAC.6A:28-6.3(b)7.o Complaint does not include an original plus two 0copies, together with a copy for each respondent.

N.JAC. 6A:28-6.2(a).

J . 8 J . Other: Paragraph #5 includes an allegationwhich is untimely, pursuant to N.J.A.C.6A:28-6.5. Additionally, even assuming this 0was a typographical error, the paragraphalleges a violation of N.J.S.A. 18A:12-24(c)and "N.J.S.A. 18A:12-24.1."

Complaint does not include the full name, homeaddress and phone number of each complainant ( )and/or each respondent (). N.JAC. 6A :28-6.3(b)1and 2.Complaint does not include a statement as to whetherany other action has been instituted in the matter whichis the subject of the complaint or is pending in anycourt of law or administrative agency of this State.N.JAC.6A:28-6.3(b)6.Complaint does not include a brief statement, inindividually numbered paragraphs, setting forth thespecific allegation(s) and the facts supporting themwhich have given rise to the alleged violations(s) of theSchool Ethics Act. N.JAC. 6A:28-6.3(b)3.Complaint alleges a violation of the Code of Ethics forSchool Board Members against a respondent who isnot a school board member. N.JAC. 6A:28-6.3(c).No proof of service provided. Filings cannot beaccepted until the Commission receives proof ofservice, pursuant to N.JAC. 6A:28-1.7.Answer does not include a certification under oath, asrequired by N.JAC. 6A:28-7.2(c).

o Answer does not include an original and two copies asrequired by N.JAC. 6A:28-7.1 (a).Answer does not fully and completely advise theparties and the Commission as to the nature of therespondent's defenses for each allegation, as requiredby N.JAC. 6A:28-7.2(a).

Where a party is required to submit documents within 20 days of receipt of this notice and a "green card" is not returnedto 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 at N.JAC. 6A:28-6.6(g), the Commission shall hold all information confidentialregarding any pending matter until it first takes action at a public meeting to determine probable cause, or violation, oruntil the matter is settled, withdrawn or dismissed. Questions regarding this acknowledgement may be directed to theSchool Ethics Commission at (609) 984-6941. All submissions may be sent to: School Ethics Commission, cloDepartment of Education, P.O. Box 500, Trenton, NJ 08625.

Joann B yle, Executive DirectorSchool Ethics CommissionJB/cmIlE:\Complaint\Acknowledgement\2011 \C38-11-Deficient Complaint.Docx