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

56th NJASBO Annual ConferenceThe Borgata – June 8, 2018 Ethics and the Business Administrator and the Business OfficeMichael F. Kaelber, Esq.Education Law ConsultantPortions of the material used in this presentation are copyrighted by the New Jersey School Boards Association and are used with its permission. 1

School Ethics ActN.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 2

School Ethics ActN.J.S.A. 18A:12-21 et. seq. Enforced by School Ethics CommissionIssues Advisory OpinionsAdjudicates ComplaintsOversees Filing of Financial and Relative Disclosure FormsOversees Board Member Training3

School Ethics ActCode 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.4

School Ethics ActCode 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 familyHaving 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 exceptionSee handout 5

School Ethics ActPolicy 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. 6

School Ethics ActPolicy Guideline #1 “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.”7

School Ethics ActPolicy Guideline #1 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.8

Code of Ethics for School Board MembersN.J.S.A. 18A:12-24.1 Uphold and enforce all laws, rules of the State Board of Education, court ordersMake decisions for the educational welfare of childrenBoard 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 9

Code of Ethics for School Board MembersN.J.S.A. 18A:12-24.1 Not surrender judgment to special interest or partisan political groupsNot use the schools for personal gain or gain of friendsMaintain confidentialitySupport and protect school personnel in proper performance of their dutiesRefer all complaints to the chief school administrator 10

Financial Disclosure StatementsSchool Officials must disclose income that they or “immediate family member” receive:Over $2,000 Fees, gifts, honoraria, reimbursements, prepaid expenses over $250Also, must disclose business organizations in which they or immediate family members have an interest – 10%11

Personal/Relative Disclosure StatementsSchool 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 employedSchool 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 employed12

Personal/Relative and Financial Disclosures2018 Frequently Asked Questions regarding Financial and Relative Disclosure Forms http://www.state.nj.us/education/ethics/fds/faq.htm 2018 Instructions for Filing Disclosure Statements http://www.state.nj.us/education/ethics/fds/instructions.htmAnnual filing of Personal/Relative and Financial Disclosure Statements of School Officials (N.J.S.A. 18A:12-26) https ://homeroom5.doe.state.nj.us/ethics/ 13

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 statementsStatute does not require the collection of home addresses in the financial disclosure formsSee Scheeler v. Atlantic County App. Div. May 16, 2018 – OPRA not just for NJ citizens

Open Public Records Act L.R. v. Camden City, et. al. Innisfree requests (4) for special education settlement agreements and records of services to other special education studentsApp. 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

Open Public Records Act Paff v. Galloway Township Supreme Court determines that requested email 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.

Open Public Records ActLibertarians 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

School Business Administrators and the School Ethics ActA06-93 - June 1993 - 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. 18

School Business Administrators and the School Ethics ActA26-97 - November 1997 - 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. 19

School Business Administrators and the School Ethics Act 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. 20

School Business Administrators and the School Ethics ActC25-02 11/26/02 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.   21

School Business Administrators and the School Ethics ActC47-02 6/24/03 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.   22

Accountability RegulationsNepotism Regulation – N.J.A.C. 6A:23A-6.2Board PolicyProhibition on initial hiring of relatives of board members, CSA; grandfatheringExpansive definition of relative, immediate family memberSee A-557 pending legislation Administrative supervision of relativesNegotiations participationPer diem subs, student employeesSee handout 23

Accountability Regulations "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. 24

Accountability Regulations Contributions to district board of education members and contract awards N.J.A.C. 6A:23A-6.3No 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 25

Public School Contracts LawN.J.S.A. 18A:18A-1 et. seq. Boards of education must enter into contracts through competitive public biddingBid threshold: $40,000, Qualified Purchasing Agent (eff. July 1, 2015 - LFN 2015-20) $ 29,000 if no QPA; School Transportation - $ 18,800Quotation Threshold – 15% of bid thresholdQPA - $ 6,000; no QPA - $ 4,350Board has duty to contract with “lowest responsible bidder” 26

Public School Contracts LawN.J.S.A. 18A:18A-1 et. seq. Jim Shoop materials in handoutsNewspaper ArticlesFraudEthics in PurchasingPages 63-7827

School Official Ethics Collective Negotiations Participation28

Collective Negotiations Prohibitions Board Member or School Administrator with a “relative” or “other (?)” who is an employee in the school districtin 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 29

Collective Negotiations Prohibitions "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. 30

Collective Negotiations ProhibitionsSchool 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. 31

Collective Negotiations ProhibitionsN.J.S.A . 18A:12-24 (b) “Others” In-District A03-13 – Brother-in-lawA22-13 – Father-in-lawA10-14 – 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, 1 st Cousin (?) A25-15 – Spouse, Relative A15-16 – Ex-Spouse (?) A35-17 – 1 st Cousin (?) A07-18 – Spouse’s Cousin (?) 32

Collective Negotiations ProhibitionsN.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 33

Collective Negotiations ProhibitionsN.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 34

Collective Negotiations ProhibitionsN.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 35

Collective Negotiations ProhibitionsN.J.S.A . 18A:12-24 (b) “Others” In-District A07-18 – Unwarranted privileges, advantages or employment – examplesSpouse’s cousin not most qualified, no CSA recommendation; cousin employedSpouse’s cousin – disciplinary action before the boardSpouse’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 36

Collective Negotiations ProhibitionsSchool 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. 37

Collective Negotiations Prohibitions Advisory Opinion A15-18Board 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.38

Collective Negotiations Prohibitions Board Member or School Administrator with themselves, a “relative” or “other (?),” an employee in another school districtIf 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 39

Collective Negotiations Prohibitions Board Member or School Administrator with a “relative” or “other (?)” who is an employee in another school districtIf 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 40

Collective Negotiations Prohibitions Immediate Family Member N.J.A.C. 6A:23A-1.2 – spouse, civil union partner, domestic partner, or dependent child residing in householdState Conflict of Interest Law – spouse, child, parent, sibling residing in household 41

Collective Negotiations Prohibitions Board Member or School Administrator with a “relative” or “other (?)” who is an employee in another school districtIf 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 - $ 42

Collective Negotiations Prohibitions Board Member or School Administrator with a “relative” or “other (?)” who is an employee in another school districtIf 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 43

Collective Negotiations Prohibitions 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) 44

Collective Negotiations Prohibitions NJEA – Out of District ConflictsA13-13 – Board member employee in special services school district, Board member NJEA field representativeA09-14 – 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 45

Collective Negotiations Prohibitions NJEA – Out of District ConflictsA26-15 – 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. 46

Collective Negotiations Prohibitions 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. 47

Collective Negotiations Prohibitions 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. 48

School Official Ethics Personnel Issues CSA/Supervisor/Principal49

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. 50

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 “relative” or “other (?)” who is employed in the school district. 51

Personnel Issues CSA/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District A03-13 – Brother-in-lawA15-13 – Cohabitating partner (?) A10-14 – 1 st 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, 1 st Cousin (?) A25-15 – Spouse , paraprofessional A15-16 – Ex-spouse (?) A35-17 – 1 st Cousin (?) A07-18 – Spouse’s Cousin (?) 52

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 they become public. 53

Personnel Issues CSA/Supervisor/Principal 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 A10-14 1 st Cousin – Other Spouse’s cousin’s daughter – no conflict See A25-14, A30-14, A25-15, A24-17 But see A35-17, A07-18 - Cousin not per se conflict 54

Doctrine of Necessity A quorum of the board is in conflictThere is a pressing public need for actionNo alternative forum which can grant reliefBody is unable to act without the conflicted members taking partAllen v. Toms River Regional Board of Education, 233 N.J. Super. 642 (Law Div. 1989) 55

Doctrine of Necessity School Ethics Commission Resolution on Adopting the Doctrine of NecessityFebruary 25, 2003Board 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. 56

Doctrine of Necessity Common Areas of ApplicationVoting on collective bargaining agreementParticipating on negotiations teamSuperintendent searchSuperintendent evaluationVineland SEC, Commissioner Decisions A03-98, A05-14, A11-14, A23-14, A24-14, A08-15, A19-17, A28-17 57

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.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. 58

Board Members Contacting Employees Hankerson – Commissioner 8/14/2003 - 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. 59

Board Members Contacting Employees Fischer – Commissioner 4/12/2004 - 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. 60

Board Members Contacting Employees Dericks v. Schiavoni, A-0538-09T1 (June 1, 2011) Appellate Division affirms Commissioner determination that former board member violated N.J.S.A. 18A:12-24.1(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. 61

Board Members Contacting Employees 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 email exchanges and met with the board members in the presence of the superintendent. 62

Board Members Contacting Employees 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. 6/4/9763

Board Members Contacting Employees 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 64

Board Members Contacting Employees 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:12-24.1(e) and (f) of the Code of Ethics for School Board Members. Board member sought campaign contributions from three district employees using the school e-mail 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 65

Board Members Contacting Employees Persi v. Woska – App. Div. March 10, 2017 - 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:32-3.1 Special Meeting 66

Board Members Contacting Employees 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:32-3.1 Special Meeting 67

Volunteerism Summary No general ban on board member volunteering in-districtInfrequent, non-executive in-district volunteer activities non inherently contradictory to board member dutiesReading to a class on Dr. Seuss DayChaperoning 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 68

Volunteerism Summary Board member volunteer activities prohibition:Subject to the supervision, management and direction of school personnelRegular contact with students, parents and staffActive day-to-day presenceEnmeshed in the building For example: volunteer coaches, volunteer club advisors, volunteer playground aides 69

Volunteerism Summary Advisory OpinionsA32-14 – Volunteer assistant theater advisorA10-15 – “Lead volunteer” for school clubA17-15 – Constructing and maintaining props for musicals/plays; Unloading and uploading marching band equipment A24-15 – Trustee on Township Education Foundation A07-00 – PTA President 70

Volunteerism Summary Advisory Opinion A15-18Newly 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 71

Volunteerism Summary Advisory Opinion A15-18Board 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. W ill avoid any confusion when board member is present on school grounds to perform volunteer work. 72

Volunteerism Summary Advisory Opinion A15-18Board 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. 73

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 InterviewsN.J.S.A. 18A:12-24.1 (c) (d) “not to administer…” Retracted A01-15 from public advisory status 74

Interview Committees Summary A31-15 – SEC does not support board member participation in interview process; personnel committees – CSA roleA04-12 – BOE Member Limited Participation – Higher level administrative positionsA15-10 – No Exit InterviewsN.J.S.A. 18A:12-24.1 (c) and (d) – “not to administer the schools” N.J.S.A. 18A:27- 4.1 – CSA recommendation 75

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 memberA08-13 – Writing skills course; free; vendor recusalA20-14 – 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 76

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 77

Questions? 78