Before I begin with my “Exceptions” to
the recommended sanctions, I would like to note that I fully dispute the
Commission’s findings of any violations pertaining to my blog posts about NJEA
corruption and the disgraceful behavior of NJEA leaders. I am a
“pro se” Respondent that chose not to use public funds (Lodi tax dollars) to
defend my basic right to “free speech”.
My term on the Lodi Board of Education expires at the end of this
month. I chose to submit “Exceptions” at
this point instead of a full drawn out appeal to save the Lodi taxpayers
money. I have already answered the
complaint multiple times. I have already
submitted stacks of evidence. None of
that was considered by ALJ Elissa Mizzone Testa or the SEC in its final decision
dated December 17, 2019.
Exceptions
1. I provided my initial
answer and evidence to the SEC on August 6, 2017. After reviewing my answer and evidence, the
SEC did NOT find probable cause to credit the allegations that I violated any
of the provisions of the code of ethics for board members. My initial answer is included in this link: http://lodioverhaul.blogspot.com/2017/08/answer-to-debra-kwapniewskis-frivolous.html
2. I provided another answer and more evidence to ALJ Michael
Antoniewicz on June 10, 2018. After
reviewing my answer and evidence, Judge Antoniewicz denied Complainant Debra
Kwapniewski’s motion. My June 2018
Certification is included in this link: http://lodioverhaul.blogspot.com/2019/11/june-2018-certification.html
3. On February 13, 2019 ALJ Elissa Mizzone Testa clearly stated
via telephone during the hearing that she would not consider any of my answers
or evidence submitted. Instead she would
make a decision based solely on the hearing that day.
4. The hearing on February 13, 2019 was based on a false
premise. ALJ Testa’s chambers informed
me that the hearing was taking place because the SEC found probable cause that
I violated five provisions of the code.
I asked that the record be corrected before we proceeded. ALJ Testa and her chambers refused to correct
the record.
5. Being the SEC did NOT find probable cause to credit the
allegations against me, Complainant Debra Kwapniewski and NJEA Attorney Gail
Oxfeld-Kanef carried the full burden to prove that I violated the code of
ethics. Disregarding the rules, ALJ
Testa accepted blatantly false allegations and hearsay from Debra Kwapniewski
at the hearing as fact and refused to acknowledge any of my answers or evidence
previously submitted. Factual evidence
existed at the time that disproved ALJ Testa’s conclusions.
6. I clearly demonstrated in my answers that my blog posts are
accurate. The salary I listed for Debra
Kwapniewski was taken directly from the 2016-2017 school budget which is a
public document. A review of my blog
will show that multiple posts before and after the post in question explain
that Debra Kwapniewski was working under an expired contract for almost two
years and the salary listed was her projected salary appearing in the
budget. Debra Kwapniewski received retro
pay once a new contract was approved.
Her retro pay significantly increased her salary beyond the figure used
by ALJ Testa.
7. A review of my blog posts will show that ALJ Testa grossly
exaggerated and misrepresented what actually appeared in the posts. I NEVER showed a picture of Kwapniewski’s
house nor did I even mention her name in that post.
8. My posts about NJEA leader Debra Kwapniewski were in response
to an onslaught of personal attacks, harassment, intimidation, and bullying
against me by Debra Kwapniewski and the NJEA.
That harassment was documented in my previously submitted answers.
9. In accepting some of ALJ Testa’s conclusions and proposed
sanctions, the SEC completely contradicts its own decision dated August 30,
2019. In that decision, the SEC clearly
states that ALJ Testa’s initial decision does not cite, explain, or demonstrate
with factual evidence that I violated any of the provisions. The SEC also asked that ALJ Testa provide an
analysis of my “free speech” rights and listed items to address. After remand, ALJ Testa submitted a second
initial decision almost identical to the first.
She didn’t even bother to correct the first sentence of her decision in
which the SEC had informed her wasn’t true.
She did not adequately analyze my “free speech” rights. She didn’t include any new facts to support
her conclusions. Yet, the SEC did a
complete reversal from its August 30, 2019 decision to its December 17, 2019
decision. Why?
10. This complaint was filed
against me by NJEA Attorney Gail Oxfeld-Kanef.
This complaint was funded by the NJEA using teacher union dues. The NJEA was unsuccessful with multiple other
complaints against my blog including a PERC complaint. Please notice how the complaint and
discussion during ALJ’s Testa’s hearing changed and evolved from what was
initially submitted by the NJEA in the summer of 2017. As the NJEA was unsuccessful in other arenas,
its allegations became more outrageous and far-fetched. ALJ Testa never referred to the initial
complaint or stayed within its boundaries.
11.
My blog is very critical
of the NJEA. The NJEA endorsed and
funded a slate of candidates running against me. The NJEA’s involvement included a campaign
contribution appearing on the ELEC site of at least $4,000, mailers, robocalls,
teacher luncheons leading up Election Day, a formal endorsement, etc.
12. My term expires at the
end of this month so a recommended suspension for exercising my free speech
rights on a personal blog will not impact me.
I am submitting these Exceptions because ALJ Testa’s abuses will impact
others in the future. Her actions amount to an assault on “free
speech” and on our democratic process.
13. ALJ Testa’s decision
sends a message to the residents of New Jersey that the NJEA can be in the only
voice in any conversation. The NJEA can
be vicious. It can be vile. Its leaders can relentlessly attack board
members that act as reformers and expose corruption. ALJ Testa is sending a message that board
members relinquish their free speech rights once they join a board and they
cannot comment on the NJEA’s actions as private citizens.
14. ALJ Testa believes that
she can undo our democratic process. If
someone is elected by the voters and the NJEA does not approve of their speech,
ALJ Testa is a sending a message that the NJEA can have that person removed or
suspended simply by having a short hearing in Newark where all evidence is
excluded.
15. This decision shows that
the SEC has different standards for different people and no consistency. A thorough review of School Ethics Decisions
show that board members committing criminal acts are not recommended for suspension. The SEC looks for reasons to have their cases
dismissed. Board members across New
Jersey are taking bribes. They are using
their positions to put unqualified relatives in six figure positions. They set up fake businesses and nonprofits so
family and friends can get contracts from their districts. They are not recommended for
suspensions. Yet, I violated the ethics
code by exposing corruption on my personal blog? That’s outrageous.
16. ALJ Testa could not cite
one case for the basis of her decision in that any provisions were violated
with my blog posts. She can’t cite any
case similar to it in any manner. She
can’t cite any case for the basis of her recommended suspension. In fact, her recommendation came directly
from NJEA Attorney Gail Oxfeld-Kanef.
Please refer to my “Exceptions” submitted on July 7, 2019.
17. The public can see my
blog posts. The public can the SEC
decisions listed on-line. The public can
see that something is wrong here. The NJEA
is labeled the most powerful special interest group in New Jersey because of
the millions it spends each year buying off public officials and paying
lobbyists. The NJEA should not be
allowed to influence or buy any SEC decisions.
Sincerely,
Ryan Curioni
