Lawornces OXFELD COHEN, P.C. 60 PARK PLACE, SUITE 600 ‘SanPORDR, OxFELD~= NEWARK, NEW JERSEY 07102 Sroque.B. WenocuR = “Anwoun Sure Cox Ge ecaaa TORBBRANIGAN. = Gai OxFELD Kane FAX (73) 802-1055 BARRY PRAnx= -RaxbIDONER APRIL OXFELDCOHEN.COM Sica! Bexuaawea, Spree 4939201) se YOR NE YORK Has Bee September 1, 2017 VIA FACSIMILE AND LAWYERS SERVICE (603) 633-0279 Kathryn A. Whalen, Director School Ethics Commission New Jersey Department of Education 100 Riverview Plaza P.O, Box 500 Teaton, NJ 08625 Re: Debra Kwapniewski v. Ryan Curioni et al Docket No. C70-1 Dear Ms. Whalen: I am in receipt of your August 16, 2017 correspondence which was received by my office on August 18, 2017. As per your correspondence, please accept this letter brief in lieu of a more formal statement of Ms. Kwapniewski’s opposition to Mr. Curioni’s and Mr. Mastrofilipo’s motions to dismiss this action as frivolous Although Mz. Curioni and Mr. Mastrofilipo have requested that this tribunal consider their motions to dismiss the complaint as frivolous, neither has provided any information to Suggest which aspects of Ms. Kvapniewski’s complaint are actually frivolous. They simply make a blanket statement and assert some countervailing facts, but they do not explain exactly how they claim the complaint is frivolous. Quite frankly without specifics or caselaw supporting their positions, the motions should be denied. Moreover, neither has provided any supportive affidavit or brief as required in the regulations. N.J.A.C. 68:28-1.7Both Mr. Curioni and Mr. Mastrofilipo set forth various facts to counter the facts Ms. Kvapniewski alleges in her Complaint. However, in reviewing this motion to dismiss, this tribunal must view the facts in a light most favorable to the complainant. N.J.A.C. 6A:28-8.3. Thus, the countervailing facts asserted, insofar as the tuo respondents have failed to attach supporting documentation for most of their statements, must be ignored and disregarded by this tribunal when reviewing the motion. To the extent that Mr. Curioni has attached copies of pages from the district’s budget claiming that these documents show that Ms. Kwapniewski’s salary was as his blog represents, those documents do not undercut Ms. Kwapniewski's argument. ‘Mr. Mastrofilipo, in his responsive papers, acknowledges that the teacher's union and the board have not reached agreement on a new collective bargaining agreement. Thus, while the district may have budgeted certain monies for ms. Kwapniewski’s salary, she is not actually paid that salary faa the contract has not been settled. Viewing the facts in a Light most favorable to Ms. Kwapniewski, that Mr. Curioni’s assertion on his blog is blatantly false, this tribunal must find that Ms. Kwapniewski’s complaint is not frivolous. The posting of information that is indeed false violates Mr. Curioni’s obligations pursuant to the School Ethics rules as set forth in the original complaint. Mr. Curioni’s false statements on his blog tend to harm the Board in that he makes false claims about the district’s finances. Mr. Curioni claims that Ms. Kvapniewski received her appointment as 2 teacher through patronage, but he has not provided any information with his motion to support such an assertion, other than his own self-serving statements. He also does not Say how this alleged unsupported assertion supports his position that Ms. Kwapniewski’s complaint is frivolous. Ms. Kwapniewski has a reasonable good faith belief to believe that the statements on Mr. Curioni’s blog violate his obligation to not administer the schools and to make sure they are well run. Moreover, Ms. Kwapniewski has a reasonable good faith belief that these actions by Mr. Curioni compromise the board by suggesting that an employee of the Board is not qualified to hold her position. Tn this regard, Ms. Kwapniewski has a zeasonable good faith basis for her complaint. Mr. Curioni’s comments about thanking a teacher's union and his suggestions to employees about renouncing their union membership both violated N.J.S.A. 18A:12-24.1 in that he hasengaged in conduct which compromises the Board of Education. ‘These actions constitute union interference and violate the New Jersey Employer Employee Relations Act. In this regard, Ms. Kwapniewski has a reasonable good faith belief that these actions violate the School Ethics Rules. Because Wr. Curioni is a Board of Education member, his first amendment free speech rights are not unfettered in the context herein. The conmente that he makes on his blog regarding Ms. Kwapniewski, the union negotiations, the anti- union rhetoric and prescriptive information to union members about how to disavow their membership do implicate his role as a Board of Fducation member, not simply his role as a member of the genezal public. In Green Tounship v. Rowe, 328 N.J.Super 525 the court noted the limited free speech rights public employees enjoy. Similarly, Mr. Curioni, as a Board of Education member is limited by the School Board Ethics rules concerning what he can and cannot comment on in public. In this regard, Ms. Kvapniewski, insofar as she can point to decisional lax in’ support of her legal position, has a good faith belief that her complaint in this regard is valid. Thus, it is not frivolous According to McKeown Brand v. Trump Castle Hotel and casino, 132 NJ 546 (1993) a complaint is “frivolous” when it has no basis in law or equity. Viewing the facts in a light most favorable to Ms. Kwapniewski she can establish that Mr. Curioni's statements on his blog are false, interfere with union business and have caused the Board to be subject to unfair labor practice charges. In this regard, his actions are harmful to the Board and violate N.J-S.A. 18R:12-24.1. As Ms. Kwapniewski can point to specific provision of the school ethics act With regard to Mr. Mastrofilipo, Ms. Kwapniewski has alleged that Mz. Mastrofilipo did refer to his children’s needs at the Board of Education meeting at issue. Moreover, Mr. Mastrofilipo has not denied that he pushed for the additional proposal not originally on the negotiations table. To the extent that Ms. Kwapniewski can establish that Mr. Mastrofilipo was upset about the amount of teacher tutoring time his children received and that he proposed and demanded the additional tutoring time, Ms. Kwapniewski can establish that Mr. Mastrofilipo has used his position as a board member for his own personal gain. Viewing the facts most favorably to Ms. Kwapniewski, this tribunal must find that the facts alleged constitute a violation of the School Ethics Act, if true and therefore are not frivolous.‘aking the facts in the light most favorable to Ms. Kwapniewski for purposes of this motion to dismiss, this tribunal must find that the Complaint sets forth a prima facie violation of various sections of the School Ethics Act. In this regard, this tribunal must find that the Complaint is not frivolous and that the matter must proceed to hearing. very truly yours, pO, OA OXPELD KANEF coK/el} Cc: Debra Kwapniewski Dennis Grieco Ryan Curioni Alfonso Mastrofilipo‘OXFLED COHEN, B.C. 60 PARK PLACE, 6" FLOOR NEWARK, NJ 07102 TEL: (973) 642-0161 Attorney(s) for Petitioner, Debra Keapniewski DEBRA KWAPNIENSKI, STARE OF NEW JERSEY SCHOOL ETHICS COMMISSION Petitioner, DOCKET No.: C70-17 CERTIFICATION OF MAILING RYAN CURIONI ET AL, Respondents. Esther 1. Jones, being duly sworn, upon her oath, deposes and says: 1. T am a legal secretary employed by the law firm of oxfeld Cohen, P.c. located at 60 Park Place, 6 Floor, Newark, New versey 07102. 2. On September 1, 2017, at the direction of Gail Oxfeld Kanef, by email and USPS regular mail, I served a copy of Petitioner, Debra Kwapniewski’s opposition to Mr. Curioni’s and Mr. Mastrofilipo’s motions to dismiss the within action as frivolous, and Certification of Mailing in the above matter to: Ryan Curioni 76 Liberty StreetLodi, NI 07644 wurioni@optonline:net Alfonso Mastrofilipo 113 Arnot Street Lodi, NI 07644 -weddinggft@aol.com 3. I am aware that if the above statements made by me are willfully false, I am subject to punishment. FSH, Gree Dated: September 1, 2017 ESTHER L. JONES