____________________________________________ School Board Member and Trustee Ethics Update Negotiations, Personnel, Volunteerism and Beyond New Jersey Association of School Business Officials Mt. Laurel - November 16, 2015 Rockaway - November 17, 2015

School Official Ethics School Ethics Commission Emerging Issues 36 Public Advisory Opinions Issued January 9, 2015; 11 additional since 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

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 "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 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 A Cohabitating partner A Teacher town council member, board members municipal employees A22-13 – Father-in-law A10-14 – Cousin A09-15 – Niece A16-15 – Daughter, Wife, Aunt

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” In-District A10-14 – Board member whose cousin was a teacher in the teachers’ bargaining unit could not negotiate the administrators’ (principals and supervisors) collective bargaining agreement; cousin/teacher was supervised by members of the administrators’ unit.

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” In-District A11-15 – No participation in negotiations when board member’s “relative” is a member of the in-district bargaining unit. N.J.A.C. 6A:23A-6.2 (a)(5). Consider school administrators, technical resource. Others - cousin, cousin-in-law

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” In-District A16-15 – Board members with daughter, wife and aunt in district may not participate in collective negotiations with the local bargaining unit of which the “relative” is a member, or receives the benefit of the collectively negotiated agreement. N.J.A.C. 6A:23A-6.2 (a)(5). Consider school administrators, technical resource. Others

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, CANNOT SERVE ON NEGOTIATIONS TEAM CANNOT PARTICIPATE IN ANY ASPECT 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 another school district If the Board Member or School Administrator has an immediate family member who is employed in another school 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 CANNOT 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 If the Board Member or School Administrator has a “relative” who is employed in another district and is a member of a bargaining unit represented by a similar state-wide union; AND If the “relative” is an NJEA or LEA officer; leadership role in the union or district; same time contract negotiations; building “rep” CANNOT SERVE ON NEGOTIATIONS TEAM CANNOT PARTICIPATE IN ANY ASPECT OF NEGOTIATIONS CANNOT VOTE ON THE CONTRACT - $

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 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.” Technical information exception. 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, including the vote. Sister-in-law is an “other.”

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A11-15 – Board member whose “relative” is a member of the same statewide union in another school district does not per se violate the Act by participating in negotiations or vote on the LEA contract. NJEA or LEA officer; negotiations team; leadership role in union or district; same time negotiations; building representative

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A11-15 – No participation in negotiations when board member’s relative is a member of the in- district bargaining unit. N.J.A.C. 6A:23A-6.2 (a)(5) A11-15 – No participation in negotiations when board member’s immediate family member is a member of the same statewide union in another school district. N.J.A.C. 6A:23A-6.2 (a)(6) Technical resource exception, Pannucci vote

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A16-15 – Board member whose “relative” (sister, daughter) is a member of the same statewide union in another school district does not per se violate the Act by participating in negotiations or vote on the LEA contract. NJEA or LEA officer; negotiations team; leadership role in union or district; same time negotiations; building representative A11-15 analysis

Collective Negotiations Participation N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A13-15 – Board member, employed in another school district as a supervisor, member of NJPSA affiliate union. No affiliation with NJEA. Board member may negotiate and vote on in-district NJEA contract when there is absolutely no linkage, in either district, between the respective NJEA affiliates and the NJPSA administrators union, which represents the board member.

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

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

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” SEA - spouse, child, parent, sibling Accountability Regulations definition “Others” “Substitutes & Student Employees”

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 A16-15 – Daughter, Wife, Aunt, “Relative”

Personnel Issues CSA/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District A16-15 – Board members with daughter, wife and aunt in district may not participate in collective negotiations with the local bargaining unit of which the “relative” is a member, or receives the benefit of the collectively negotiated agreement. Board member may not be involved in the hiring or evaluation of the Superintendent and any other officials or staff members who oversee the relative.

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.

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.

Shared Services A10-13 – Board member, spouse local police department employees. Shared services agreement with school district. Recusal from any discussion or vote on shared services.

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.

Doctrine of Necessity A03-98 (4/28/98) - Conflicted board members may serve on the negotiating team and vote on the collective bargaining agreement pursuant to the Doctrine of Necessity when four of the five voting board of education members have a conflict of interest.

Volunteerism 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. One-day v. Day-to-day; Authority over school funds or school personnel; School personnel authority over board member; Guest; Involvement; Decision-making, Direction

Volunteerism A10-15 – Board member may not serve as “lead volunteer” for a school club where he has authority over students, regular contact with school administration, other personnel and parents. Enmeshed in the building. Level of engagement inconsistent with board member status. No general ban on volunteering. Reading to class, chaperoning child’s class trip, clear with relevant staff, not acting as board member One-time, infrequent, volunteer duties OK

Volunteerism A17-15 – Intermittent non-executive volunteer activities constructing and maintaining props for musicals/plays or unloading and uploading band equipment for the marching band not inherently contradictory to board member duties. No general ban on volunteering. Instruction received limited to that necessary for completion of the musical/play or marching band rehearsal/performance. Limited interaction with staff and students Consider A07-00 – PTA President

Interview Committees 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

Interview Committees A04-12 – Board member’s participation on interview committee for high level administrative and supervisory positions would not violate the School Ethics Act. One or two board members; administrative staff coordinator; participation – observations and assessments; CSA recommendation. A15-10 – Exit Interviews N.J.S.A. 18A: (c) (d) “not to administer…” Retracted A01-15 from public advisory status

Business Relationships A08-13 – Board member, owner of private consulting business, would violate the Act if he were to offer business services to students in the district for free or for profit; recusal on similar vendors. A20-14 – Board member, signage company owner, contracts with school district, recusal on all matters. Contract may run its course, not renewed; if severable transactions, board must find new company.

Business Relationships A29-14 – Board member, no business solicitation in the schools; leaflet distribution. No fundraising events with education foundation; business benefited, 20% donation to foundation. A33-15 – Board member employment with educational resource company that contracts with board, no violation of the Act. Contract matters unrelated to employment. Cautionary note.

Business Relationships A42-14 – Board may not contract with board member owned business; non-contractual, transaction basis for supplies. A18-15 – Board member who owns a bookstore may not: Make generalized solicitations to district schools or staff; Unprompted staff member mailing list request OK No special inducements for district staff No board participation or vote on bookstore matters; no conversations

Miscellaneous 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. Signage. 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.

QUESTIONS