____________________________________________ School Board Member and Trustee Ethics Update Negotiations, Personnel, Volunteerism and Beyond New Jersey

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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 NEGOTIATIONSCANNOT 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.



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 • A15-13 - Cohabitating partner• A19-13 - Teacher town council member,

board members municipal employees• A22-13 – Father-in-law• A10-14 – Cousin• A09-15 – Niece• A16-15 – Daughter, Wife, Aunt


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.


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


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 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,

CANNOT SERVE ON NEGOTIATIONS TEAM

CANNOT PARTICIPATE IN ANY ASPECT OF NEGOTIATIONS

CANNOT 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

• 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,




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 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”





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


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.” 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.”


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


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


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


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.



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



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

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”

SEA - spouse, child, parent, sibling

Accountability Regulations definition• “Others”• “Substitutes & Student Employees”


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


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.


“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.

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.


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.


• 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:12-24.1 (c) – “not to administer…”

N.J.S.A. 18A:27-4.1 – 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:12-24.1 (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.


• 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.


• 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

Documents

____________________________________________ School Board Member and Trustee Ethics Update Negotiations, Personnel, Volunteerism and Beyond New Jersey