56th NJASBO Annual Conference The Borgata – June 8, 2018

56th NJASBO Annual Conference The Borgata – June 8, 2018
Ethics and the Business Administrator and the Business Office Michael F. Kaelber, Esq. Education Law Consultant Portions of the material used in this presentation are copyrighted by the New Jersey School Boards Association and are used with its permission.

School Ethics Act N.J.S.A. 18A:12-21 et. seq.
Lays out ethical principles for “school officials” “School officials” include board of education members, school administrators and NJSBA professional employees. “Administrators” include school business administrators

School Ethics Act N.J.S.A. 18A:12-21 et. seq.
Enforced by School Ethics Commission Issues Advisory Opinions Adjudicates Complaints Oversees Filing of Financial and Relative Disclosure Forms Oversees Board Member Training

School Ethics Act Code of Conduct - N.J.S.A. 18A:12-24
Code of Conduct prohibits: School official or immediate family member having an interest in a business or transaction which conflicts with the official's duties in the public interest. Using an official position to obtain unwarranted privileges, advantages or employment for a school official or the official’s family or others. Acting in an official capacity in any matter where the school official or the official's family has a direct or indirect financial involvement that may reasonably be expected to impair independence of judgment.

School Ethics Act Code of Conduct - N.J.S.A. 18A:12-24
Acting in an official capacity in any matter where the school official or a member of his immediate family has a personal involvement that is or creates some benefit to the school official or member of his immediate family Having employment or service, compensated or not, that might prejudice independence of judgment. Solicit or accept gifts, loans or contributions or other things of value, which may influence the discharge of official duties; political contribution exception See handout

School Ethics Act Policy Guideline #1
Policy Guideline No. 1, issued shortly after the School Ethics Act went into effect in 1992, prohibits school officials and their immediate families from accepting offers of meals and entertainment that are limited to clients and customers of a vendor.

“The Commission has concluded that the hospitality and amenities extended to individual clients and customers are offered for the express purpose of creating a feeling of goodwill, which it is hoped will influence the recipient to favorably consider their product or retain their professional services.” “For the school official this offer falls within the ambit of the acceptance of a gift or favor designed to influence the school official in the discharge of his or her official duties.”

The School Ethics Commission concluded that such offers of meals or entertainment made by vendors to school officials would constitute a violation of state law (N.J.S.A. 18A:12-24 (e)), except that vendors could provide hospitality suites or receptions that are open to all persons attending a conference, convention or workshop.

Code of Ethics for School Board Members N.J.S.A. 18A:12-24.1
Uphold and enforce all laws, rules of the State Board of Education, court orders Make decisions for the educational welfare of children Board action to be confined to “policymaking, planning and appraisal” Not to administer, but to see that schools are well-run Authority rests with the board, not individual members

Code of Ethics for School Board Members N.J.S.A. 18A:12-24.1
Not surrender judgment to special interest or partisan political groups Not use the schools for personal gain or gain of friends Maintain confidentiality Support and protect school personnel in proper performance of their duties Refer all complaints to the chief school administrator

Financial Disclosure Statements
School Officials must disclose income that they or “immediate family member” receive: Over $2,000 Fees, gifts, honoraria, reimbursements, prepaid expenses over $250 Also, must disclose business organizations in which they or immediate family members have an interest – 10%

Personal/Relative Disclosure Statements
School Officials must disclose relatives or those related by marriage that are: Employed in the school district or charter school in which they hold office or are employed Party to a contract with the school district or charter school in which they hold office or are employed School officials must disclose relatives who: Receive compensation from or have any interest in any business which is a party to a contract with the school district or charter school in which you hold office or are employed

Personal/Relative and Financial Disclosures
2018 Frequently Asked Questions regarding Financial and Relative Disclosure Forms 2018 Instructions for Filing Disclosure Statements Annual filing of Personal/Relative and Financial Disclosure Statements of School Officials (N.J.S.A. 18A:12-26)

Open Public Records Act
Scheeler v. NJ Dept. of Educ. Appellate Division determined that DOE properly redacted the home addresses of board members in response to OPRA request for financial disclosure statements Statute does not require the collection of home addresses in the financial disclosure forms See Scheeler v. Atlantic County App. Div. May 16, 2018 – OPRA not just for NJ citizens Scheeler v. N.J. Dept. of Educ. Authority - Appellate Division Issue - Whether board member home addresses are subject to disclosure under OPRA Fact1 - Citizen filed OPRA seeking BoEM financial disclosure statements Fact2 - Board secretary provided financial disclosure statements redacting house # & street name. Fact3 - Citizen wanted to force the GRC to reconsider a prior decision. Rule - School Ethics Law requires the filing of disclosure forms the form does not specifically require home addresses. Analysis - Public officials decreased privacy rights is not sufficiently compelling reason to outweigh potential for unsolicited contact Conclusion - Disclosure of home address could have a chilling effect on political involvement

L.R. v. Camden City, et. al. Innisfree requests (4) for special education settlement agreements and records of services to other special education students App. Div. remands to Law Division – plaintiffs entitled to appropriately-redacted copies if they can establish status of "bona fide researchers" within the intended scope of N.J.A.C. 6A:32-7.5(e)(16); or obtain a court order authorizing such access pursuant to N.J.A.C. 6A:32-7.5(e)(15). N.J. Supreme Court grants certification 4/17/18 Scheeler v. N.J. Dept. of Educ. Authority - Appellate Division Issue - Whether board member home addresses are subject to disclosure under OPRA Fact1 - Citizen filed OPRA seeking BoEM financial disclosure statements Fact2 - Board secretary provided financial disclosure statements redacting house # & street name. Fact3 - Citizen wanted to force the GRC to reconsider a prior decision. Rule - School Ethics Law requires the filing of disclosure forms the form does not specifically require home addresses. Analysis - Public officials decreased privacy rights is not sufficiently compelling reason to outweigh potential for unsolicited contact Conclusion - Disclosure of home address could have a chilling effect on political involvement

Paff v. Galloway Township Supreme Court determines that requested information (sender, recipient, date, subject) were public records subject to OPRA disclosure. Government records include information stored or maintained electronically in a database on a municipality’s server. Information was available to the custodian of records and only needed to be compiled rather than created. Scheeler v. N.J. Dept. of Educ. Authority - Appellate Division Issue - Whether board member home addresses are subject to disclosure under OPRA Fact1 - Citizen filed OPRA seeking BoEM financial disclosure statements Fact2 - Board secretary provided financial disclosure statements redacting house # & street name. Fact3 - Citizen wanted to force the GRC to reconsider a prior decision. Rule - School Ethics Law requires the filing of disclosure forms the form does not specifically require home addresses. Analysis - Public officials decreased privacy rights is not sufficiently compelling reason to outweigh potential for unsolicited contact Conclusion - Disclosure of home address could have a chilling effect on political involvement

Libertarians for Transparent Government v. Government Records Council (GRC) Appellate Division holds that draft minutes of GRC meeting were “advisory, consultative, deliberative material” not subject to disclosure under OPRA as a government record. Draft minutes were “pre-decisional” and “deliberative”; subject to revision and recommendation and require deliberation before approval. Cites to Kean Federation of Teachers v. Morell – timeliness of releasing approved minutes. Consider Matawan Aberdeen App. Div. and QSAC Scheeler v. N.J. Dept. of Educ. Authority - Appellate Division Issue - Whether board member home addresses are subject to disclosure under OPRA Fact1 - Citizen filed OPRA seeking BoEM financial disclosure statements Fact2 - Board secretary provided financial disclosure statements redacting house # & street name. Fact3 - Citizen wanted to force the GRC to reconsider a prior decision. Rule - School Ethics Law requires the filing of disclosure forms the form does not specifically require home addresses. Analysis - Public officials decreased privacy rights is not sufficiently compelling reason to outweigh potential for unsolicited contact Conclusion - Disclosure of home address could have a chilling effect on political involvement

School Business Administrators and the School Ethics Act
A June Mayor in Type I district may not also serve as the school business administrator - inherent conflict. Steele/Irvington, Service as mayor and school business administrator in Type I school district violates the School Ethics Act. 1-year suspension without pay for Mayor/SBA, public censure for board. Commissioner 1995 S.L.D. March 9, aff'd State Board 1995 S.L.D. September 6.

A November School Business Administrator whose salary agreement is tied to settlement offered to teachers’ association may serve as a resource person providing objective facts concerning the budget, past contract settlements and the like. May not be directly involved in negotiations. A05-98 – November 1998 – A school business administrator could continue to serve as a member of NJASBO if his employing board were to participate in an NJASBO sponsored investment program.

C06-94, 10/27/94 Higgins/Harrison - School Business Administrator, Type I school district, also member of municipal council, not on Board of School Estimate. No inherent conflict, recusal required on certain matters.

C /26/02 Roman/East Newark - Interim board secretary, a “school official” under the Act, did not violate the Act through his simultaneous service as the interim board secretary and the full-time borough administrator for the municipality. SEC found no substantial conflict between the two positions, as the interim board secretary had no responsibilities for the budget, financial records or bills. SEC admonished the school official that so long as he continued to serve as interim board secretary, he must continue to recuse himself from any matters before the board of education concerning the budget, financial matters and any other potential sources of conflict between the borough and the board.

C /24/03 Cuneo/Hammonton School Business Administrator did not violate the Act by serving as clerk of the works in school district. Contract signed by board president was not in substantial conflict with SBA official duties. Change orders with regard to construction project were within 20% limit but did not have board approval. Forwarded to Office of Compliance. SEC had no jurisdiction over change order question. SEC questions why similar complaint was not filed against superintendent who had similar agreement or against the board president who was the manager of the construction project.

Accountability Regulations
Nepotism Regulation – N.J.A.C. 6A:23A-6.2 Board Policy Prohibition on initial hiring of relatives of board members, CSA; grandfathering Expansive definition of relative, immediate family member See A-557 pending legislation Administrative supervision of relatives Negotiations participation Per diem subs, student employees See handout

"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.

Contributions to district board of education members and contract awards N.J.A.C. 6A:23A-6.3 No board vote or award of contracts over $17,500 to business that made reportable contribution to board member during preceding year; “pay to play” No currently contracted business entity contributions to board member campaigns Condition for receiving state aid, board policy

Public School Contracts Law N.J.S.A. 18A:18A-1 et. seq.
Boards of education must enter into contracts through competitive public bidding Bid threshold: $40,000, Qualified Purchasing Agent (eff. July 1, LFN ) $ 29,000 if no QPA; School Transportation - $ 18,800 Quotation Threshold – 15% of bid threshold QPA - $ 6,000; no QPA - $ 4,350 Board has duty to contract with “lowest responsible bidder”

Public School Contracts Law N.J.S.A. 18A:18A-1 et. seq.
Jim Shoop materials in handouts Newspaper Articles Fraud Ethics in Purchasing Pages 63-78

School Official Ethics
Collective Negotiations Participation

Collective Negotiations Prohibitions
Board Member or School Administrator with a “relative” 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 negotiation CANNOT SERVE ON NEGOTIATIONS TEAM OR PARTICIPATE IN PLANNING OF NEGOTIATIONS CANNOT VOTE ON THE CONTRACT

"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.

School Ethics Commission 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 – 1st Cousin (?) A15-13 – Cohabitating partner (?) A19-13 – Teacher town council member, board members municipal employees A09-15 – Niece, A16-15 – Daughter, Wife, Aunt A19-15 – Niece, Spouse’s Uncle, Son, 1st Cousin (?) A25-15 – Spouse, Relative A15-16 – Ex-Spouse (?) A35-17 – 1st Cousin (?) A07-18 – Spouse’s Cousin (?)

N.J.S.A. 18A:12-24 (b) “Others” In-District A24-17 – Board members with “relative” or “other” (?) employed in-district, members of a local union or receive benefit from CBA, are deemed conflicted under the School Ethics Act; all union matters and all aspects of collective negotiations process, including voting on the collective bargaining agreement. A10-14, A11-15, A16-15, A19-15, A25-15, A15-16, A35-17, A07-18

N.J.S.A. 18A:12-24 (b) “Others” In-District A35-17 – Board members with cousins employed in-district, members of a local union or receive benefit from CBA, are not conflicted under the School Ethics Act, absent another conflict. Cousins are neither “relatives” nor “immediate family members.” A10-14, A11-15, A16-15, A19-15, A25-15, A15-16, A35-17, A07-18

N.J.S.A. 18A:12-24 (b) “Others” In-District A07-18 – Board members with spouse’s cousin employed in-district, members of the LEA and NJEA is not conflicted under the School Ethics Act. Cousins are neither “relatives” nor “immediate family members.” No presumption of conflict Board finance committee – salary guide analysis and development - OK A10-14, A11-15, A16-15, A19-15, A25-15, A15-16, A35- 17, A07-18

N.J.S.A. 18A:12-24 (b) “Others” In-District A07-18 – Unwarranted privileges, advantages or employment – examples Spouse’s cousin not most qualified, no CSA recommendation; cousin employed Spouse’s cousin – disciplinary action before the board Spouse’s cousin coach – additional stipend Raises for all staff under CBA – not unwarranted privilege, advantage A10-14, A11-15, A16-15, A19-15, A25-15, A15-16, A35-17, A07-18

School Administrator Technical Information Exception A22-16 – A conflicted school administrator may serve as a technical resource to the negotiating team and provide technical information necessary to the collective bargaining process when no one else in the school district can provide that information; not full participation.

Advisory Opinion A15-18 Board member not precluded from serving on the negotiations committee or otherwise participating in negotiations or personnel matters because the Association supported her candidacy, and she expressed support for, and actively supported, the Association. Not “endorsed” by the Association.

Board Member or School Administrator with themselves, a “relative” or “other (?),” 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 MAY VOTE ON THE CONTRACT – after MOA, salary guides, $; Pannucci State Board March 2000

Board Member or School Administrator with a “relative” or “other (?)” who is an employee in another school district If the Board Member or School Administrator has an immediate family member in the household, 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 MAY VOTE ON THE CONTRACT – after MOA, salary guides, $; Pannucci State Board March 2000

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 “relative” or “other (?)” who is an employee in another school district If the Board Member or School Administrator has a “relative” or “other” outside the household, who is employed in another district and is a member of a bargaining unit represented by a similar state-wide union; absent other conflicts CAN SERVE ON NEGOTIATIONS TEAM CAN PARTICIPATE IN ANY ASPECT OF NEGOTIATIONS CAN VOTE ON THE CONTRACT - $

Board Member or School Administrator with a “relative” or “other (?)” who is an employee in another school district If the Board Member or School Administrator has a “relative” or “other” outside the household, 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” or “other” has a conflict such as being an NJEA or LEA officer; leadership role in the district union; same time contract negotiations; building representative CANNOT SERVE ON NEGOTIATIONS TEAM CANNOT PARTICIPATE IN ANY ASPECT OF NEGOTIATIONS MAY VOTE ON THE CONTRACT - after MOA, salary guides, $; Pannucci State Board March 2000

N.J.S.A. 18A:12-24 (b) “Others” Out-of-District A24-17 – Absent another conflict, Board members with out-of-household “relative” member of the same statewide union in another school district may fully participate in all aspects of negotiations including the vote on the CBA If out-of-household “relative” has a conflict such as NJEA or LEA officer; negotiations team; leadership role in district union; same time negotiations; building representative; no negotiations team, no participation in any aspect of negotiations, may vote on CBA after MOA and salary guides. A11-15, A13-15, A16-15, A19-15, A25-15, A40-15 (administrator)

NJEA – Out of District Conflicts A13-13 – Board member employee in special services school district, Board member NJEA field representative 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, conflicted in negotiations

NJEA – Out of District Conflicts A26-15 – Board member, recently retired district employee, President of local NJEA affiliate, negotiated and signed last CBA conflicted; union activity, negotiations and votes, first term. A24-16 – Board member, retired teacher from receiving district, president and negotiator for local NJEA affiliate, not conflicted for negotiations. Retired for 15 years, member of NJEA retiree group. No other conflict presented. Consider NJEA retiree benefits.

Board Member 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.

Board Member Out-of-District A32-17 – Board member, member of the CWA, may participate in negotiations with the local education association. Board member is not part of a statewide teachers’ union. If financial relationship or nexus exists between the local education association and the union of which the Board member is a member, then the Board member would be unable to participate in any aspect of negotiations until the memorandum of agreement, including salary guides and the total compensation package, has been attained. Limited to information provided.

School Official Ethics
Personnel Issues CSA/Supervisor/Principal

Personnel Issues CSA/Supervisor/Principal
Board members may not participate in the hiring of a new CSA, supervisor or principal, if they have a “relative” or “other (?)” who is an employee in the school district who would be directly or indirectly supervised by the new hire.

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

N.J.S.A. 18A:12-24 (b) “Others” In-District A03-13 – Brother-in-law A15-13 – Cohabitating partner (?) A10-14 – 1st Cousin (?) A22-13 – Father-in-law A08-14 – Stepdaughter, Stepdaughter-in-law, nephew A16-15 – Daughter, Wife, Aunt, “Relative” A19-15 – Niece, Spouse’s Uncle, Son, 1st Cousin (?) A25-15 – Spouse, paraprofessional A15-16 – Ex-spouse (?) A35-17 – 1st Cousin (?) A07-18 – Spouse’s Cousin (?)

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 they become public.

N.J.S.A. 18A:12-24 (b) “Others” In-District A19-15 – Board members with nieces, spouse’s uncle, full time employees and son, full-time student, part- time summer substitute, as “relatives” are “others”; may not participate in any matter involving the relative’s employment or supervision including employment matters with superintendent and supervising administrators. Reaffirm A st Cousin – Other Spouse’s cousin’s daughter – no conflict See A25-14, A30-14, A25-15, A24-17 But see A35-17, A Cousin not per se conflict

Allen v. Toms River Regional Board of Education,
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)

Doctrine of Necessity 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 Vineland SEC, Commissioner Decisions
Doctrine of Necessity Common Areas of Application Voting on collective bargaining agreement Participating on negotiations team Superintendent search Superintendent evaluation Vineland SEC, Commissioner Decisions A03-98, A05-14, A11-14, A23-14, A24-14, A08-15, A19-17, A28-17

Doctrine of Necessity A (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. A19-17 (7/27/17) – Doctrine of necessity may be invoked when a quorum of the board of education has conflicts of interest on a matter upon which the board must vote.

Board Members Contacting Employees
Hankerson – Commissioner 8/14/ Board member violated the School Ethics Act when she allowed an SBA to be hired without CSA recommendation, ordered a school district employee to perform tasks for her, had RICE notices sent without consulting the superintendent, hired a technology specialist contrary to the superintendent’s recommendation, created a new position and hired persons without the superintendent’s recommendation and removed the superintendent from the agenda of a teacher in-service. Board member was removed.

Fischer – Commissioner 4/12/ Board member violated the School Ethics Act when he called an employee at home and became angry when the employee said that she did not send him the reports he had requested. Board member took private action that could compromise the board and did not support district personnel in the proper performance of their duties. Board member was reprimanded.

Dericks v. Schiavoni, A T1 (June 1, 2011) Appellate Division affirms Commissioner determination that former board member violated N.J.S.A. 18A: (c) by failing to confine his board action to policy-making, planning and appraisal while participating as a member of the district staffing team when he developed detailed staff interviewing documents and directed their implementation without consulting with administration. Former board member censured.

Gross – SEC 6/22/2003 – Board member did not violate the School Ethics Act when he met with two school employees to personally address their employment problems. SEC found that board member kept other board members informed through lengthy exchanges and met with the board members in the presence of the superintendent.

Gore/Hamilton – SEC 9/24/1996 Board member violated the Act when he secured home addresses of district employees for targeted campaign mailing - unwarranted privileges obtained. Penalty of censure recommended. Commissioner agreed. 1/30/97 State Board affirmed. 6/4/97

James/Chesilhurst – Board member, who asked the board’s school business administrator to intercede for him in acquiring an unsecured loan from the bank which held the Board’s accounts, violated the School Ethics Act. SEC recommends penalty of censure. 12/15/98 Commissioner agrees. 2/9/1999

Rubino 9/29/10 - SEC adopts ALJ decision finding that board member violated N.J.S.A. 18A:12-2(c) and N.J.S.A. 18A: (e) and (f) of the Code of Ethics for School Board Members. Board member sought campaign contributions from three district employees using the school system. Such conduct constituted private action that could compromise the board and used the schools for personal gain. Commissioner agrees. 11/15/2010 – Six month suspension for board member

Persi v. Woska – App. Div. March 10, Board member violated the School Ethics Act when he unilaterally issued a Rice notice to the superintendent without the consent of the Board President or the rest of the board. Only the board president or a majority of the board may Rice the superintendent. Private action that could compromise the board. Reprimand. See N.J.A.C. 6A: Special Meeting

Cheng v. Rodas – Commissioner January 20, 2017 – Board president violated the School Ethics Act when he unilaterally issued a Rice notice to the school business administrator. Reliance on legal opinion from board attorney does not board member from sanction. Only the superintendent may issue a Rice notice to an employee such as the school business administrator. Private action that could compromise the board. Reprimand. See N.J.A.C. 6A: Special Meeting

Volunteerism Summary No general ban on board member volunteering in-district Infrequent, non-executive in-district volunteer activities non inherently contradictory to board member duties Reading to a class on Dr. Seuss Day Chaperoning child’s class trip Heads Up to CSA and relevant staff Volunteer activities in outside organizations generally OK Self-governing, wholly independent of board member’s role and board of education oversight. For example: education foundations, PTAs, student activity booster clubs, local recreation organizations

Volunteerism Summary Board member volunteer activities prohibition:
Subject to the supervision, management and direction of school personnel Regular contact with students, parents and staff Active day-to-day presence Enmeshed in the building For example: volunteer coaches, volunteer club advisors, volunteer playground aides

Volunteerism Summary Advisory Opinions
A32-14 – Volunteer assistant theater advisor A10-15 – “Lead volunteer” for school club A17-15 – Constructing and maintaining props for musicals/plays; Unloading and uploading marching band equipment A24-15 – Trustee on Township Education Foundation A07-00 – PTA President

Volunteerism Summary Advisory Opinion A15-18
Newly elected board member active member in the school district parent community. May continue to serve as PTA president, homeroom parent, homeroom parent coordinator, coordinator of movie night, coordinator of field day and other PTA events. Not in a leadership role over a district sponsored committee or group and does not issue widespread direction to/from staff, students or other Board members

Board member, and other PTA members, defer to the principal and/or teaching staff as they help support the activity for which they are volunteering. Roles not subject to a widespread level of direction from staff, students or other board members. Should advise the Superintendent and relevant staff of performance of this work and, that it will be in capacity as a volunteer and parent, not as a board member. Will avoid any confusion when board member is present on school grounds to perform volunteer work.

Board member not precluded from serving on the negotiations committee or otherwise participating in negotiations or personnel matters because the Association supported her candidacy, and she expressed support for, and actively supported, the Association. Not “endorsed” by the Association.

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 coordinates; 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

Interview Committees Summary
A31-15 – SEC does not support board member participation in interview process; personnel committees – CSA role A04-12 – BOE Member Limited Participation – Higher level administrative positions A15-10 – No Exit Interviews N.J.S.A. 18A: (c) and (d) – “not to administer the schools” N.J.S.A. 18A: – CSA recommendation

Business Relationships
Board of education members may not have a business relationship with the board of education which is incompatible with their role as a board member A08-13 – Writing skills course; free; vendor recusal A20-14 – Signage company contract. Severable? A29-14 – Foundation student fundraising event 20% A33-15 – Educational resource company A42-14 – Supplies A18-15 – Bookstore; staff solicitations, discounts

Business Relationships
Confessore/ Harrison - Assistant Superintendent who had ownership interest in local day care center violated the Act when he set forth that district would have to use all local day care centers for pre-k, sent letter to district residents promoting his day care center using his title, acted contrary to SEC’s second advisory opinion letter. SEC recommends one month suspension. 4/25/00 Commissioner agrees 6/16/00 State Board affirms 10/3/01

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56th NJASBO Annual Conference The Borgata – June 8, 2018

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