Judge Rules Wayne Education Trustee Did Not Violate Ethics Code

WAYNE, N.J. — A state administrative law judge has ruled that Board of Education trustee Catherine Kazan did not violate state ethics laws and that the board seeking her removal from office was “extremely inappropriate.”

Six of Kazan’s board colleagues filed an ethics complaint against her after she and 14 township residents signed and filed a petition in Superior Court seeking the invalidation the results of a 2015 referendum on full-day kindergarten due to alleged electioneering by poll workers. The board voted 5-2 in June to file a complaint with the state School Ethics Commission and petitioned the commissioner of education to remove Kazan from office.

The board cross-motioned to Judge Gail M. Cookson for a summary decision on the case.

Cookson ruled Wednesday that although she could have reached the conclusion that Kazan “should have erred on the side of caution” and not signed the petition, “in no other manner or fashion did she violate the ethical restraints upon board members." (Read Cookson's full decision here.)

“[Kazan] has every right to remain on the board on behalf of the citizens who voted for her, no doubt because they agree with her passionate stance about kindergarten,” Cookson said, noting that the board’s attempt to remove Kazan from public office was “extreme and extremely inappropriate.”

The board alleged that because Kazan contributed money to a campaign to support full-day kindergarten, visited a booth in support of the issue at Wayne Day and was at a fundraising event for full-day kindergarten, she should have been removed from office.

The board sought to punish Kazan for “holding an opinion on a public issue” that people disagreed on and for “speaking her mind on that issue while sitting in board meetings,” Cookson said.

“Frankly, I am shocked at the level of vitriol that has been on display just in the papers filed in this matter. I am so shocked at the suggestion that a citizen who has been elected to a board is expected to leave his or her opinions at the door… notwithstanding the retention of free speech rights under the First Amendment.”

RELATED: Board Of Education Approves Full-Day Kindergarten For September

Six board trustees, including Kazan, voted to implement full-day kindergarten at the board’s organizational meeting in January 2016, but it was later decided the program could not be implemented due to budget constraints. The board later voted 7-2 to rescind the earlier vote. Residents twice rejected implementing the program.

Ethics charges have not been brought against any of the board members who voted the same as Kazan on full-day kindergarten, according to Cookson.

Cookson filed the decision with the commissioner of education, who may adopt, modify or reject it within 45 days, after which it becomes final.

Kazan was elected to a one-year unexpired term in 2013 and to a full three-year term in 2014. Her seat is one of three up for election in November.

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Pictured: Catherine Kazan — Patch file photo