Ryan Curioni

76 Liberty Street, Lodi NJ 07644 I 201-694-84 73 I rcurioni@optonline.net

April 28, 2017

To Whom It May Concern:

Included is an original and five copies of my ethics complaint (two copies and an additional three
for each of the respondents).

Sincerely,

Ryan Curioni
 For Agency Use Only
Docket Number: - - -

RYAN CURIONI

BEFORE THE SCHOOL

v. ETHICS COMMISSION

OF NEW JERSEY

JONATHAN CARAFA, SCHOOL ETHICS ACT

DOMINIC MILLER,

MICHAEL NARDINO

COMPLAINT FORM

I, Ryan Curioni, residing at 76 Liberty Street, Lodi NJ (cell# 201-694-8473), request the
School Ethics Commission to consider a complaint against the above-named Respondent(s)
whose home addresses are 46 Garden Street, Lodi NJ; 33 Wisse Street, Lodi NJ; and 80
Hillcrest Ave, Lodi NJ respectively, in accordance with the authority of the School Ethics
Commission to entertain such complaints under N.J.S.A. 18A:12-21 et seq.

The facts upon which this complaint is based are as follows: (Please print additional
pages as needed. Students should be identified by initials only. )

1. Statement of facts:

1. The complainant and three respondents are all trustees of the Lodi Board of
Education.

2. Trustee Jonathan Carafa was absent for seven out of sixteen meetings in 2016
(Exhibit 1). Trustee Carafa missed four consecutive meetings. He went four months
without attending a meeting. He continued his chronic absenteeism with at least three
more absences in 2017.

3. Trustee Carafa has stated at numerous public meetings that he was working as a chef
at the time of the meetings.

4. At the March 8, 2017 work session, I read our by-laws stating that "A member who
fails to attend three consecutive regular meetings of the Board without good cause
may be removed from office on the affirmative votes of a majority of the
remaining Board members, provided that ... "(Exhibit 3). I indicated that ten day
notice is being provided so a vote will take place at the regular April meeting.

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 For Agency Use Only
Docket Number: - - -
5. On April 12, 2017, Trustee Curioni emailed Business Administrator/Board Secretary
Marc Capizzi and Board President Dominic Miller reminding them that the vote will
take place at this.month's meeting.

6. At the April 26, 2017 regular meeting, Trustee Curioni made the motion to remove
Trustee Carafa in accordance with our by-laws and due to his absences. Trustee
Mastrofilipo seconded the motion. Trustees Curioni, Mastrofilipo, and Telep voted
"Yes". Trustee Mara abstained. Trustees Carafa, Nardino, Miller, and Carbonetti
voted ''No".

7. Trustee Carafa was required to recuse himself from the vote to remove Trustee Carafa
as a Board Trustee for absenteeism. He received a personal benefit by voting to keep
himself on the board.

Date of occurrence: April 26, 2017

I assert this to be a violation of: 18A:12-24.b, 18A:12-24.c

18A: 12-24. Conflicts of interest

b. No school official shall use or attempt to use his official position to secure
unwarranted privileges, advantages or employment for himself, members of his
immediate family or others;

c. No school official shall act in his official capacity in any matter where he, a member
of his immediate family, or a business organization in which he has an interest, has a
direct or indirect financial involvement that might reasonably be expected to impair his
objectivity or independence of judgment. No school official shall act in his official
capacity in any matter where he or a member of his immediate family has a
personal involvement that is or creates some benefit to the school official or member
of his immediate family;

2. Statement of facts:

1. Prior to the vote to remove Trustee Carafa, Trustee Curioni pointed out that Trustee
Nardino had abstained on matters relating to the Carafa family in the past. Mr.
Nardino is a first cousin of Lodi Mayor Emil Carafa (Trustee Jonathan Carafa's
father). Mayor Emil Carafa is also employed by the Lodi Board of Education as an
elementary school principal.

2. At the July 21, 2016 meeting, Trustee Nardino abstained on the transfers of Trustee
Carafa's sister and cousin (both teachers in the Lodi school district). By abstaining in
the past, Trustee Nardino presented precedence for his conflict of interest in voting on
any matters regarding the Carafa family.
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Docket Number: - - -
3. Even after being reminded of his past abstentions, Mr. Nardino voted "No" on the
removal of his cousin Trustee Carafa.

4. By Trustee Nardino ignoring attendance records and voting with conflicts, Trustee
Nardino demonstrated that he surrendered his independent judgement to a cousin and
a powerful political group.

Date of occurrence: April 26, 2017

I assert this to be a violation of: 18A: 12-24.1.f

18A:12-24.1 Code of Ethics for School Board Members.

f. I will refuse to surrender my independent judgment to special interest or partisan
political groups or to use the schools for personal gain or for the gain of friends.

3. Statement of facts:

1. Prior to the vote to remove Trustee Carafa, Board President Miller was reminded that
Trustee Carafa's father, Mayor Emil Carafa, is President Miller's boss. In 2016,
Mayor Carafa passed an ordinance changing the "table of organization" of the Lodi
police department so Mr. Miller can be promoted to a newly created sergeant
position. The promotion came just months after President Miller was appointed to the
Lodi Board of Education.

2. For the November 8, 2017 Lodi school election, campaign reports show that Emil
Carafa's campaign account ("United for Lodi") contributed $3 ,641.16 to President
Miller (Exhibit #2).

3. Lodi Mayor Emil Carafa runs a very powerful political organization. Even though he
is the Mayor of Lodi, he attends BOE meetings and tells Board Trustees what they
should do. He is also a principal in the Lodi school district and tells Board Trustees
what they should do.

4. By Board .President Miller ignoring attendance records and voting with conflicts,
President Miller demonstrated that he surrendered his independent judgment to a
political group. President Miller demonstrated that he surrendered his independent
judgment to the Mayor of Lodi that promoted President Miller' in 201-6 and has the
ability to do so again.

r;:~;1 <:i i' 1 ' Dat@

)Crl\Jccurrence: April 26, 2017
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I assert this to be a violation of: 18A:12-24.1.f

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Docket Number: - - -
18A: 12-24.1 Code of Ethics for School Board Members.
f. I will refuse to surrender my independent judgment to special interest or partisan
political groups or to use the schools for personal gain or for the gain of friends.

WHEREFORE, I, as Complainant, request that the School Ethics Commission find and
determine that the above-named Respondent(s) has violated the School Ethics Act and that he or
she be subject to such penalty as provided by the Act.

Signature of Complainant
or his or her Attorney

f1 . , CERTIFICATION UNDER OATH

<1--. "!>(:;.,A \._,\.A..] L- JV" I
(Name of Complainant), of full age, being duly sworn upon his or her oath according to law
deposes and says:

1. I am the complainant in this matter.

2. I have read the complaint and aver that the facts contained therein are true to the best of
my knowledge and belief and I am aware that the statute that created the School Ethics
Commission authorizes the School Ethics Commission to impose penalties for filing a frivolous
complaint. N.J.S.A. 18A:12-29(e). I am aware that if the respondent alleges that the complaint
is frivolous, I shall have 20 days from receipt of the answer to respond to the allegation.

3. The subject matter of this complaint is not pending in any court of law or administrative
agency of this State. I will advise the School Ethics Commission if I subsequently become
aware that it is pending elsewhere.

Sworn and subscribed to before me this ~day of , ~[ 'l .

Philip v. Toronto, Es~
Attomey at Law of NJ
Notice: All final decisions issued in connection with complaints that come before the
School Ethics Commission for review and determination are public records uniformly

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Exhibit 1: Trustee Carafa's attendance record for 2016

Meeting Date Attendance

Reorganization January 5, 2016 Present
Regular January 27, 2016 Present
Regular February 24, Present
2016
Regular March 16, 2016 Absent
Regular April 27, 2016 Absent
Regular May 25, 106 Absent
Work Session June 6, 2016 Absent
Regular June 22, 2016 Present
Special Meeting July 21, 2016 Absent
Special Meeting August 31, 2016 Present
Regular September 28, Present
2016
Regular October 25, 2016 Present
Regular November 22, Absent
2016
Special Meeting December 7, Absent
.2016
Regular December 21, Present
2016
Special Meeting December 27, Present
2016
 Exhibit 2
This form can be electronically filed at: www.elec.state.nj.us

SUPPLEMENTAL CONTRIBUTOR INFORMATION FORMC-1

FOR STATE USE ONLY

... * NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
* . *! P.O. Box 185, Trenton, NJ06625-0185
,;. - ._ ~ (609) 292-8700 or Toll Free Wrthin NJ 1-888-313-ELEC (3532)
Et.Ee RECEIVEl
* lr.l ..
www.elec.state.nj.us
CONTRIBUTIONS REPORT TYPE (CHECK ONE)
0 Committee spending under the R-1 reporting threshold (A-1 or A-2 fileis etc.) who reoeived a contribution in OCT 2 5 20t8
excess of $300 in the aggregate from one source in the election, or any currency (cash) contributions. Amendment?
IX] Committee receiving a contribution in exoess of$1,400intheaggregatefrorn one sourceslaltingwith the 131>1
day before the election up to, and including the day of the election {48-Hour Notice). Yes No

SECTION I. CANDIDATE, JOINT CANDIDATES, OR POLITICAL COMMITTEE fNFORMATION

Candidate(s) Name Dominic Miller; Donald Scorzettl; Nicholas Vara I Election Date
11/08/2016
Committee Name Election District/Municipality
CHILDREN FIRST BOROUGH OF LODI
Candidate or Committee Address (Number and Street, City, State, Zip Code)
15 ROOSEVELT AVENUE LOOI, NJ 07644
Office Sought
BOARD OF EDUCATION
I County
BERGEN
"(Area) Day Telephone
973-931-4148
Political Party *(Area) Evening Telephone
NON~PARTISAN 973931-4148
S ~ _ :. ~vnTRIBUTION INFORMATION (Receipt Types: A= Currency o r Check; B = fn."ma j"""<i !.:.:_n)
I
c Date Receivecl
10/13/2016
Address (Number and Street, City, State, Zip Code)
lo.!!_Roosevelt Ave., Lodi, NJ 07644
Contributor Name
UNITED FOR LODI MUNICIPAL COUNCIL COMMITTEE
Aggregate Amount
$ 3,641.16
! Amount ~
$ 3,641.16
'
I .
Occupau_.. ,:-- n,.;..t. al) j Receipt Type j~heck if Description, if l n~Kinli ~... n.t.-
~on

I ..:;
-
Employer Name (If Individual) Employer Mailing Address (lflndividual)

Date Received I Contributor Name

Address (Number and Street, City, State, Zip Code) Aggregate Amount
$
I~mount
Occupation (lflndividual) I Receipt Type ICheck if
c:::
Description, if In-Kind Con1ribution

Employer Name (lflndividuaO I Currency

Employer Mailing Address {lflndividual)

Date Received I Contributor Name

Address (Number and Street, Ci1y, State, Zip Code) Aggregate Amount
$
I ~ount
Occupation (If Individual) IReceiptType !Check if Description, if In-Kind Contribution
D
Employer Name (lflndividuaQ I Currency
Employer Mailing Address (lflndividual)

Date Received I Contributor Name

Address (Number and Street City, State. Zip Code) Aggregate Amount
$
I ~mount
Occupation (If Individual) I ReceiptType !Check if
Currency
Description, if In-Kind Contribution
c
Employer Name (If Individual) I Employer Mailing Address (lflndividual)

(COMPLETE THIS LINE FOR EVERY PAGE USEOJ TOTAL, THIS PAGE $ 3.641.16

I
(COMPLETE THIS LINE FOR LAST PAGE USED) GRAND TOTAL $ 3,641.1
Candidate or TreasurerSignalur~ ~~:-f Date
("-n~ .....
- Yl2..i:\S4l~R.. 10f14/2016
New Je""'I Election Law Enforcemenl Commlsgi""" Form C.1 Revised: 0112312015
"!."""" this field blank ii your telephone number is unlisted. Pursuant U> fJ.. J. S. A. 47:1A- 1. f, an t1111istad ltllfJphone numbsr i:r not a pul>r.c recotd 8l1d must nol be provided on lhi$ /otm.
c)Bylaw No. 0145

Board of Edueation ARTICLE IV

Lodi

BOARD MEMBER RESIGNATION ANO REMOVAL

The membership of a Board of Education member shall

terminate immediately upon
1. The cessation of the member's bona fide residency in
the school district the member represents or
2. The member's election or appointment to the office of
mayor or member of the governing body of Lodi or
3. The member's disqualification from voting pursuant to
N.J.S.A. 19:4-1 or
-,,..
( ) 4. The member's conviction for false swearing for having
'-- f.alsely affirmed or declared that he or she is
qualified to vote or
s. The removal of the member by the Commissioner of
Education.
A member who fails to attend three consecutive regular
meetings of the Board without good cause may be removed from
office on the affirmative votes of a majority of the remaining
Board members, provided that
1. The member's removal was proposed at the immecHately
previous Board meeting and
2. Notice of the proposed removal was given to the
affected member at least ten days in advance of the
meeting at which the vote will be taken.
N.J.S.A. 18A:l2-2, 12-3, 12-29

Date Adopted: 5/13/92

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