Ethics complaint against Carey dismissed

Earlier this year, the New Jersey School Ethics Commission dismissed a complaint brought by Margaret Demsak alleging that Hardyston school board member Danuta “Donna” Carey violated sections of the School Ethics Act.

In the complaint filed Nov. 20, 2023, Mrs. Demsak, wife of school board member Nick Demsak, said Carey attended the Sussex County Republican Committee’s Salute to Freedom award ceremony Sept. 7, 2023, where she spoke about the need to influence elected officials to abolish Policy 5756.

That policy, recommended by the state Board of Education, provides protections for transgender students and says school staff members are not required to inform students’ parents about their transgender identity.

Mrs. Demsak alleged that on Sept. 12, 2023, Carey proposed a committee review of Policy 5756 as a “targeted attempt to abolish the policy one month before the election” in a show of support for three candidates running as a Parental Rights Movement slate.

Mr. Demsak won re-election in the Nov. 7, 2023, election. Six other candidates also were running for three seats on the board.

Mrs. Demsak also alleged that on Oct. 10, Carey moved to pull Policy 5756 out of committee and the motion passed, then she moved to abolish the policy before the board had the opportunity to consult with its legal counsel.

Carey’s motion violated Robert’s Rules of Order, which govern board meetings, Mrs. Demsak said.

She said Carey violated another section of the ethics law by acting to abolish Policy 5756 when the item was not listed on the agenda and before the public could be informed and consulted.

And she said Carey violated another section by surrendering her judgment to the county Republican Party and acting on its behalf after receiving an award. Mrs. Demsak argued that the award to Carey was conditioned on her taking action to abolish Policy 5756.

Two of the allegations dealt with social media posts Carey made in November 2023 stating that Policy 5756 “calls for secrecy between kids and their parents” and “allows children to be transitioned from boy to girl (girl to boy) without parental knowledge by the school staff.”

Carey also wrote that “(o)ur resolution to remove this policy was reviewed and approved by our legal counsel, but (four board members) opposed it because they want to keep parents in the dark and take over parenting.”

Mrs. Demsak alleged that Carey violated a section of the ethics law by discussing “nonfactual” information without a disclaimer and by discussing privileged information discussed during executive session at the Oct. 10, 2023, board meeting.

On May 21, the commission ruled that the complaint presented insufficient facts and circumstances to lead a reasonable person to believe that the ethics law was violated.

Regarding one alleged violation, the commission found that Mrs. Demsak failed to provide sufficient factual evidence, beyond speculation, that Carey accepted the award based on an understanding that it was being given to influence her to abolish Policy 5756.

Regarding Carey’s social media posts, the commission found insufficient facts and circumstances to lead a reasonable person to believe that the law was violated.