RIKER DANZIG SCHERER , HYLAND & PERRETTI LLP

Headquarters Plaza
One Speedwell A venue
Morristown, NJ 07962-1981
(973) 538-0800
Attorneys for Respondents Dominic Miller, Michael Nardino and Jonathan Carafa

RYAN CURIONI, BEFORE THE SCHOOL ETHICS COMMISSION

OF NEW JERSEY
AGENCY DKT. NO. C-45-17

Complainant,
vs.

JONATHAN CARAFA, DOMINIC MILLER, VERIFIED ANSWER

AND MICHAEL NARDINO, LODI BOARD OF
EDUCATION, BERGEN COUNTY,

Respondents.

Respondents Jonathan Carafa ("Carafa"), Dominic Miller ("Miller"), and Michael

Nardino (''Nardino") (collectively "Respondents"), members of the Lodi Board of Education

("Board"), by an through their attorneys Riker Danzig Scherer Hyland & Perretti LLP, by way of

Answer to the Complaint filed by Ryan Curioni ("Complainant"), hereby state the following:

As to Statement of Facts #1

1. Respondents admit the allegations of Paragraph 1.

2. Respondents admit the allegations of Paragraph 2, except that they deny the

characterization of "chronic absenteeism" and they deny the allegation of more than three

absences in 2017.

3. Respondents deny the allegations of Paragraph 3.

4-5. Respondents admit the allegations of Paragraphs 4 and 5.

 . .. ------ - - - - - - - - - - - - - - - -- -

6. Respondents admit the allegations of Paragraph 6,except that they deny that the

motion was in accordance ,with the Board's by-laws.

7. Respondents deny the allegations of characterizations of Paragraph 7.

As to Statement of Facts # 2

1. Respondents admit the allegations of Paragraph 1.

2. Respondents admit the allegations of the first sentence of Paragraph 2 and deny

the allegations of the second sentence of Paragraph 2.

3. Respondents admit the allegations of Paragraph 3.

4. Respondents deny the allegations of Paragraph 4.

As to Statement of Facts # 3

1. Respondents deny the allegations of Paragraph 1, except that they admit that

Miller received a promotion in 2016, several months after his appointment to the Board,

following a proposal from the Chief of Police to create two new sergeant positions.

2. Respondents deny the allegations of Paragraph 2, except that they admit that

Exhibit 2 to the Complaint is a Supplemental Contributor Information form, and they state that

the form speaks for itself.

3. Respondents deny the allegations of Paragraph 3, except that they admit that the

Mayor has attended Board meetings and that the Mayor is a principal in the Lodi school district.

4. Respondents deny the allegations of Paragraph 4.

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 FIRST SEPARATE DEFENSE

Complainant's claifns against Respondents are barred by the doctrine of unclean hands

and/or in pari delicto.

SECOND SEPARATE DEFENSE

Complainant's claims against Respondents are barred by the doctrines of laches, waiver

and/or estoppel.

THIRD SEPARATE DEFENSE

Complainant's claims against Respondents should be dismissed because, at all times

relevant hereto, Respondents acted in reliance on the Board attorney's opinion that their votes on

the removal of Carafa would not present a conflict.

FOURTH SEPARATE DEFENSE

Complainant's conduct, including but not limited to using his position to advance his own

special interest and the interests of partisan political groups, violates public policy, rules, laws,

and regulations.

FIFTH SEPARATE DEFENSE

Complainant's claims against Respondents are barred by the applicable statute of

limitations.

Respondents reserve the right to amend this Answer and to assert additional defenses

and/or supplement, alter, or change the answers upon completion of appropriate investigation

and discovery.

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 WHEREFORE Respondents respectfully request entry of an order:

a) dismissing the complaint;

b) for attorneys' fees and costs; and

c) for such further relief as the School Ethics Commission may deem just and

reasonable.

RIKER DANZIG SCHERER HYLAND

& PERRETTI LLP

Attorneys for Respondents

Dominic Miller, Michael Nardino and
Jonathan Carafa

By:
Brenda C. Liss

DATED: June 28, 2017