____________________________________________ NJASBO 53 rd Annual Conference The Borgata, Atlantic City June 3, 2015 The New School Ethics Commission Advisory.

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NJASBO 53rd Annual Conference

The Borgata, Atlantic CityJune 3, 2015

The New School Ethics

Commission Advisory Opinions -

Voting Changes for Your Board

School Official Ethics

School Ethics Commission

Emerging Issues

• 36 Public Advisory Opinions Issued January 9, 2015

• First Public Advisory Opinions since 2012

• School Ethics Commission – six of nine member votes

School Official Ethics

• School Ethics Act -N.J.S.A. 18A:12-21

• Nepotism Regulation

N.J.A.C. 6A:23A-6.2

• N.J.S.A. 18A:12-2 – Conflict of Interest

Collective Negotiations Participation

Collective Negotiations Participation"Relative" - individual's spouse, civil union

partner … domestic partner…, or the parent, child, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, of the individual or of the individual’s spouse, civil union partner or domestic partner, whether the relative is related to the individual or the individual’s spouse, civil union partner or domestic partner by blood, marriage or adoption.


Immediate Family Member

• N.J.A.C. 6A:23A-1.2 - spouse, civil union partner, domestic partner, or dependent child residing in

household

• State Conflict of Interest Law – spouse, child, parent, sibling residing in household


Board Member or School Administrator with a family member or “other” who is an

employee in the school district• in the bargaining unit of the contract under

negotiations• supervised by employees in the unit• not in the unit, but terms of employment linked

to unit, or• board member’s endorsement by the union in

election immediately preceding negotiations

CANNOT SERVE ON NEGOTIATIONS TEAM OR PARTICIPATE IN PLANNING OF NEGOTIATIONSCANNOT VOTE ON THE CONTRACT


Board Member or School Administrator with a family member or “other” who is an

employee in the school district

“Family Member or ‘Other’” includes

• “Relatives”

• “Familial relationships”

• “Others”



Advisory Opinions Emerging Issues

N.J.S.A. 18A:12-24 (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.


N.J.S.A. 18A:12-24 (b) “Others”

In-District

• A03-13 – Brother-in-law • A22-13 – Father-in-law• A10-14 – Cousin• A15-13 - Cohabitating partner• A19-13 - Teacher town council member,

board members municipal employees

Collective Negotiations ParticipationBoard Member or School Administrator with a family member or “other” who is an employee in another school district

• If the Board Member is employed in another district and is a member of a bargaining unit represented by a similar state-wide union, or

• If the family member or “other” is employed in another district and is a member of a bargaining unit represented by a similar state-wide union

CANNOT SERVE ON NEGOTIATIONS TEAM

CANNOT PARTICIPATE IN ANY ASPECT OF NEGOTIATIONS

BUT CAN VOTE ON THE CONTRACT - $

Collective Negotiations ParticipationBoard Member or School Administrator with a family member or “other” who is an employee in another school district

“Family member or “other” who is employed in another school district” includes:

• “Relatives”• “Immediate family members”• “Others”


N.J.S.A. 18A:12-24 (b) “Others”

Out-of-District

• A43-14 - CSA with non-dependent daughter in household, para-professional in outside district; agency shop fee; daughter is an “other.”

• A03-15 – Board member with sister-in-law ,who is NJEA member in another school district, cannot participate in any matter touching upon negotiations with the local education association.



Advisory Opinions Emerging Issues NJEA – Out of District

• A13-13 - Board member employee in special services school district – NJEA member

• A13-13 - Board member NJEA field representative



Advisory Opinions Emerging Issues

NJEA – Out of District

• A09-14 - NJSFT/AFT similar to NJEA – share common traits and common goals

• A34-14 - Board member 26 year NJEA member, 20 year union president, retired NJEA employee; receives NJEA health benefits

Personnel Issues CSA/Supervisor/Principal


• Board members may not participate in the hiring of the CSA if they have a family member or “other” who is an employee working in the school district.

• Martinez v. Abolino, SEC 6/7/12 – internal, external candidates


• Board members may not participate in the hiring a new supervisor or principal if they have a family member or “other” who is an employee in the school district who would be directly or indirectly supervised by the new hire….and there are internal candidates.


• Board members may not participate in any personnel decisions involving a CSA, principal, or supervisor who directly or indirectly supervises the board member’s family member or “other” who is employed in the school district.


Search, Pre-Hire, Post-Hire Board Functions/Personnel Discussions and

Votes

“Family member or ‘other’” includes:• “Relatives”

School Ethics Act definition; spouse, child, parent, sibling • “Others”• “Substitutes”


N.J.S.A. 18A:12-24 (b) “Others”

In-District

• A03-13 – Brother-in-law • A15-13 - Cohabitating partner• A22-13 – Father-in-law• A08-14 – Stepdaughter, Stepdaughter-in-law,

nephew• A10-14 – Cousin


“Substitutes” and…• A25-14 - Board member’s spouse para-

professional or substitute para-professional

• A30-14 – Board member’s son, student summer worker, spouse per diem substitute

• A24-14 – If conflicted, no participation in any part of vetting process for CSA; no search committee, no vote on firm that will conduct the search


• A05-15 – Board members with spouse, board member with brother employed in district; no vote on motion to advertise for CSA, hiring of selection agency, criteria, job description, search committee, evaluation and contract discussions post-hire, no closed session attendance, not privy to closed session minutes until public.


• AO2-13 – Board members involved in litigation; CSA party to complaint, CSA provided information leading to criminal charges against board member’s child, CSA complaining witness in criminal complaint filed against board member. Post-conclusion

• AO6-14 – Board member in constituent district, teacher in regional district; Supervisor board member in constituent district. CSA, Board President

Shared Services

• AO6-13 – Board member in constituent school district, part-time coach in limited purpose regional school district

No participation in discussion/vote on proposed shared CSA agreement

May not continue in both positions

Shared Services

• A11-13 – Board member in constituent school district, which shares CSA with regional school district. Board member seeking employment in regional district. If successful, must relinquish seat on constituent board.

• A10-14 – Board member, whose spouse is the

mayor, cannot serve on the board’s shared services committee; sharing of resources and personnel.


Doctrine of Necessity

• A quorum of the board is in conflict• There is a pressing public need for action• No alternative forum which can grant relief• Body is unable to act without the conflicted

members taking part

Allen v. Toms River Regional Board of Education

233 N.J. Super. 642 (Law Div. 1989)


School Ethics Commission Resolution on Adopting the Doctrine of Necessity

February 25, 2003

• Board states publicly that it is invoking the doctrine, the reason for doing so and the specific nature of the conflicts of interest.

• Board reads the resolution at a regularly scheduled public meeting, post the notice for 30 days and provide the SEC with a copy.



Common Areas of Application

• Voting on collective bargaining agreement• Participating on negotiations team• Superintendent search• Superintendent evaluation

Vineland Board of Education

SEC Decision, Commissioner Decision


• A11-14 – Four non-conflicted board members sufficient to conduct evaluation of the superintendent.

• A23-14 – Three non-conflicted board members sufficient to conduct final interviews for superintendent position.

Miscellaneous

• A32-14 – Board member may not volunteer in school theater productions when spouse is teacher and theater advisor. Spouse would be supervising, directing and managing board member. Contact with students, parents and staff would be inconsistent with board member role.

• A36-14 – Board member may endorse board candidates provided endorsement is as private citizen and not as board member or board. Electronic or social media.

Miscellaneous

• A38-14 - Board member may donate funds (capital improvement and technology) to district so long as no benefit, no control over funds. May not use donation to advocate for reappointment to board.

• A13-14 – Board member, freelance journalist, reports on town and school events such as games, teams, band, award nights, fund raisers. No reporting on board discussions or issues; no confidential information

Miscellaneous

• A01-15 – Boards of education may, by policy, establish committees to conduct interviews for positions other than superintendent or school business administrator. In sending-receiving relationships, sending district representatives may not be committee members for positions other than for the high school.

A15-10 – Exit Interviews

N.J.S.A. 18A:12-24.1 (c) – “not to administer…”

N.J.S.A. 18A:27-4.1 – CSA recommendation

QUESTIONS

____________________________________________ NJASBO 53 rd Annual Conference The Borgata, Atlantic City June 3, 2015 The New School Ethics Commission Advisory.

Documents

school district family

board slide

school administrator

negotiations team

member votes

preceding negotiations

aspect of negotiations

planning of negotiations