____________________________________________ NJASBO 53 rd Annual Conference The Borgata, Atlantic City June 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: Nepotism Regulation N.J.A.C. 6A:23A-6.2 N.J.S.A. 18A:12-2 – Conflict of Interest

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.

Collective Negotiations Participation Immediate Family Member N.J.A.C. 6A:23A spouse, civil union partner, domestic partner, or dependent child residing in household State Conflict of Interest Law – spouse, child, parent, sibling residing in household

Collective Negotiations Participation 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 NEGOTIATIONS CANNOT VOTE ON THE CONTRACT

Collective Negotiations Participation 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”

Collective Negotiations Participation School Ethics Commission 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.

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” In-District A03-13 – Brother-in-law A22-13 – Father-in-law A10-14 – Cousin A Cohabitating partner A Teacher town council member, board members municipal employees

Collective Negotiations Participation Board 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 Participation Board 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”

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A 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.

Collective Negotiations Participation School Ethics Commission Advisory Opinions Emerging Issues NJEA – Out of District A Board member employee in special services school district – NJEA member A Board member NJEA field representative

Collective Negotiations Participation School Ethics Commission Advisory Opinions Emerging Issues NJEA – Out of District A NJSFT/AFT similar to NJEA – share common traits and common goals A 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

Personnel Issues CSA/Supervisor/Principal 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.

Personnel Issues CSA/Supervisor/Principal 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.

Personnel Issues CSA/Supervisor/Principal 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”

Personnel Issues CSA/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District A03-13 – Brother-in-law A Cohabitating partner A22-13 – Father-in-law A08-14 – Stepdaughter, Stepdaughter-in-law, nephew A10-14 – Cousin

Personnel Issues CSA/Supervisor/Principal “Substitutes” and… A 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

Personnel Issues CSA/Supervisor/Principal 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.

Personnel Issues CSA/Supervisor/Principal 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.

Collective Negotiations Participation 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)

Collective Negotiations Participation 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.

Collective Negotiations Participation Doctrine of Necessity 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

Doctrine of Necessity 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 A 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: (c) – “not to administer…” N.J.S.A. 18A: – CSA recommendation

QUESTIONS