Ex-Middletown BOE President Pam Rogers Violated Ethics Code: Judge

MIDDLETOWN, NJ — On Wednesday, an administrative law judge ruled that former Middletown school board president Pamela Rogers committed an ethics violation when she helped organize the Black Lives Matter march on the grounds of Middletown High School North three summers ago.

This marks the first time an elected official in New Jersey has been found guilty of an ethics violation for their involvement in the Black Lives Matter movement.

The administrative law judge is Mary Ann Bogan, and she just decided her opinion Wednesday, July 12. The decision is so fresh it hasn't even been published to the official list of 2023 decisions by the School Ethics Commission.

Former Middletown resident Laurie Tietjen filed the complaint against Rogers, Robin Stella and Nick DiFranco, all former school board members. On Wednesday Tietjen provided Patch with a copy of Bogan's decision.

In her 27-page decision, Bogan determined that Rogers "took action on behalf of, or at the request of, a special-interest group or persons ... when she planned and promoted the rally and used her official Board of Education email in order to accomplish her goals that were outside of her BOE duties."

Bogan dismissed Tietjen's complaint against Stella and DiFranco, saying they did not "make personal promises or took any action that might compromise the Board."

But the judge ruled that Rogers acted inappropriately, and ordered her to be reprimanded.

That reprimand does not have much teeth to it, because Rogers lost her seat on the school board the same year the rally was held, and she has since moved out of Middletown.

Rogers did not immediately respond when Patch emailed her to ask about the judge's ruling.

On Wednesday, Tietjen called the judge's ruling: "Vindication. I think today we got vindication in my brother's name and in the name of all our police officers. I think we proved to our police officers that the town (of Middletown) really cares about them and that this attack should never have happened on school grounds."

Tietjen, 51, filed her complaint against the three board members three years ago. She and her older brother Ken Tietjen both graduated from Middletown schools; Ken was a Port Authority police officer who was killed in the 9/11 terror attacks.

Tietjen has long argued that the Middletown BLM march was anti police. She was there the day of the June 28, 2020 march and she said she saw signs that included "ACAB," which stands for All Cops Are Bad, or All Cops Are Bastards, a sign reading F12 (code for F*** the police) and another that read "Cops are Murderers."

The march was called the Rally For Social Justice/Spread The Love, Not The Hate march, and it was organized by Middletown teenagers after the murder of George Floyd at the hands of a police officer.

Said Tietjen Wendesday:

"My filing of that complaint was about two things: First, hate should never be allowed on school grounds. Hate of any kind. I am sure it was very demoralizing for our police officers to see those signs on that day and for the Middletown schoolchildren who have parents who may be police officers."

"Secondly, anytime a group wants to hold a march or event on school grounds they have to get a permit and insurance. Pam never did this; she never required the group get a permit or insurance."

In her decision, Bogan affirmed that permits and insurance were never obtained for the march. The judge also cited many emails between Rogers and the student organizers discussing and planning the protest. The Middletown school district paid $1,140 to provide security for the march, and the Middletown Police Dept. paid $4,899 in overtime for security.

The Middletown Board of Education hired the law firm of Methfessel & Werbel on behalf of Rogers, Stella and DiFranco; the law firm was paid for by insurance carried by the Middletown school board, in the event the board or its members are sued.

Tietjen said she "doesn't have tens of thousands of dollars" to hire her own lawyer, so she represented herself. Because of COVID and other delays, it took 2.5 years for the hearing on this matter to be held, and the hearing was held over Zoom about six months ago.

Tietjen said she initially offered Rogers, Stella and DiFranco to "settle" over this matter, and by that she means she wanted them to write a public apology to the police officers and residents of Middletown for organizing the march, and to reimburse the police department and school district for the security costs.

All three refused.

When Tietjen first filed her complaint, Rogers brushed it off and told Patch in this Oct. 2020 article she had done nothing wrong:

"I think ethics violations are something that people throw out when they want to throw shade on someone. And it's because they want to free up my spot on the Board of Education ... Nothing is going to happen from this ethics violation," Rogers predicted. "I'll support anything that promotes equity and unity and minorities especially. She's trying to make something of this and I don't know what this is about. I wish she would just lay off," she said, referring to Tietjen.

The School Ethics Commission is a state committee tasked with investigating the ethics of elected school board members.

Original Patch report when Tietjen first filed her complaint: Ethics Complaint Filed Against 3 Middletown Board Of Ed. Members (Oct. 2020)

Fallen Middletown Police Officer's Sister Takes Issue With BLM (July 2020)

From the march: Police Chief, Students Speak At Middletown Social Justice March (June 2020)