New Jersey Department of Education

Public Advisory Opinions

Please be advised that subsequent decisions may have overturned or altered opinions previously issued.

Advisory Opinion Date Issued Date Public Brief Summary
A14-23 11/28/2023 12/01/2023 Does a Board member whose spouse is employed at the NJDOE have a conflict 
A11-23 6/27/2023 6/27/2023 Does Board member whose mother-in-law is employed in district have conflict
A10-23 6/27/2023 6/27/2023 Does Board member whose child is employed in district as student employee have a conflict 
A09-23 4/25/2023 6/27/2023 Do administrators who are in a relationship have a conflict
A08-23 4/25/2023 6/27/2023 Can Board member's company bid on contract with district
A07-23 4/25/2023 6/27/2023 Do Board members who have family members employed by the Board have a conflict
A06-23 4/25/2023 6/27/2023 Does a Board member's sister-in-law create a conflict
A05-23 5/23/2023 6/27/2023 Can conflicted Board members participate in matters
A04-23 3/21/2023 6/27/2023 Can charter school trustee serve on Board for two charter schools
A03-23 1/31/2023 2/21/2023 Can a Board member become a special education advocate for families in the district
A02-23 1/31/2023 2/21/2023 Can a Board member with a spouse in local government participate in matters related to SRO
A01-23 1/31/2023 2/21/2023 Can a Board member work in food service in the district
A12-22 11/22/2022 2/21/2023 Can a Board member vote "no" on curriculum
A03-22 2/04/2022 2/21/2023 Can a Board member/teacher in another district who does not pay dues participate in negotiations
A02-22 2/25/2022 2/21/2023 Can a Board member post information related to Board on social media
A20-21 12/15/2021 2/11/2022 Can Board members with in-laws and cousins employed in district participate in matters related to the Superintendent
A19-21 11/30/2021 2/11/2022 Can Board members with family in district participate in matters related to former Superintendent
A17-21 10/20/2021 2/21/2023 Can a Board member volunteer to be an official for a district sport
A16-21 9/21/2021 2/11/2022 Can Board member with ex-spouse employed in district participate in matters related to Superintendent
A13-21 5/25/2021` 2/11/2022 Can a Board member work for public facing company that does business with schools
A12-21 4/27/2021 2/11/2022 Can a Board member work for company that sells products to schools
A04-21 3/23/2021 2/11/2022 Can a Board member who volunteers for non-profit continue to volunteer
A03-21 3/23/2021 2/11/2022 Can a Board member who runs a non-profit offer services in district
A01-21 3/23/2021 2/11/2022 Can a Board member who is an accountant provide services to district employees
A21-20 1/26/2021 2/11/2022 Can a Board member with brother-in-law employed in district participate in negotiations
A12-19 6/20/2019 2/11/2022 Can a Board member who belongs to Land Use Board participate in sale of Board building
A01-19 3/27/2019 2/11/2022 Can Board members who are employed by the city participate in land transfer between Board/city
A13-20 7/21/2020 10/30/2020 Can Superintendent recommend sister-in-law for promotion
A06-19 5/03/2019 5/24/2019 Can a Board member be employed as a bus driver in district
A10-18 4/30/2018 April 2018 Can a Board member who endorsed candidates and a Board member who is involved in litigation participate in matters
A15-18 4/25/2018 April 2018 Can a Board member who is very active in the PTA participate in matters
A06-18 3/28/2018 March 2018 Can a student be a Board member
A07-18 3/28/2018 March 2018 Can a Board member who has a cousin employed in district participate in matters
A36-17 1/03/2018 January 2018 Can a student be a Board member
A35-17 12/19/2017 January 2018 Can a Board member with a cousin employed in district participate in matters
A32-17 11/28/2017 December 2017 Can a Board member who is a member of a union participate in matters
A28-17 10/31/2017 November 2017 Can two remaining non-conflicted Board members negotiate Superintendent's contract
A24-17 9/26/2017 October 2017 Can Board members with various familial conflicts participate in matters
A19-17 6/27/2017 July 2017 Can Board invoke Doctrine of Necessity due to various conflicts
A24-16 10/24/2016 November 2016 Can Board member who was an NJEA member participate in matters
A22-16 8/23/2016 September 2016 Can Superintendent with conflicts use resource exception
A15-16 6/21/2016 July 2016 Can Board member with soon to be ex-spouse employed in district participate in matters
A40-15 2/23/2016 March 2016 Can Board members with out of district relatives participate in matters
A01-16 2/23/2016 March 2016 Can Board member who is a D.A.R.E/SRO officer participate in matters
A25-15 1/26/2016 February 2016 Can Board members with relatives in and out of district participate in matters
A26-15 1/26/2016 February 2016 Can Board member who is a retired teacher participate in matters
A31-15 1/26/2016 February 2016 Can Board members participate in interviews
A19-15 11/24/2015 December 2015 Can Board invoke the Doctrine of Necessity
A24-15 11/24/2015 December 2015 Can Board member volunteer to fundraise
A11-15 10/27/2015 November 2015 Can Board members with cousins participate in matters
A16-15 10/27/2015 November 2015 Can Board members with relatives employed in and out of district participate in matters
A13-15 10/27/2015 November 2015 Can Board member who is a supervisor in another district participate in matters
A17-15 10/27/2015 November 2015 Can a Board member volunteer in district
A18-15 10/27/2015 November 2015 Can Board member who owns a bookstore sell products to district staff
A42-14 3/25/2015 April 2015 Can Board member sell supplies in district without contract
A43-14 11/26/2014 December 2014 Can Board member's child work as a paraprofessional in district
A44-14 11/26/2014 December 2014 Can Board member be employed as aide in a daycare that contracts with district
A36-14 10/29/2014 November 2014 Can Board member  endorse candidates
A38-14 10/29/2014 November 2014 Can Board member  donate money to district
A29-14 9/02/2014 October 2014 Can Board member who owns a business offer activities to district students 
A30-14 8/27/2014 September 2014 Can Board member's child be employed as summer employee
A32-14 8/27/2014 September 2014 Can Board member volunteer in district
A33-14 8/27/2014 September 2014 Can Board member who is employed by company contract with district
A34-14 8/27/2014 September 2014 Can Board member who is employed by or involved with NJEA participate in matters
A35-14 8/27/2014 September 2014 Not a school official, no action
A27-14 7/23/2014 August 2014 No longer school official, no action
A24-14 6/25/2014 July 2014 Can Board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity
A25-14 6/25/2014 July 2014 Can Board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity
A20-14 5/28/2014 June 2014 Can Board member who owns business provide products in district
A23-14 5/28/2014 June 2014 Can Board invoke the Doctrine of Necessity and participate in final interviews
A06-14 4/23/2014 May 2014 Can Board member be on the same board as direct supervisor 
A07-14 4/23/2014 May 2014 Can Board member be employed as a secretary in another district
A08-14 4/23/2014 May 2014 Can Board member with various family members employed in district participate in matters
A09-14 8/23/2014 September 2014 Can Board member who is part of union, participate in matters in district with a different union
A11-14 8/23/2014 September 2014 Can Board members with various familial conflicts participate in matters and invoke the Doctrine of Necessity
A13-14 8/23/2014 September 2014 Can Board member who is employed as a reporter report on matters in district
A16-14 8/23/2014 September 2014 Can Board member with familial conflicts participate in matters
A22-13 3/07/2014 April 2014 No longer valid, superseded by A06-23
A19-13 12/20/2013 January 2014 Can Board members who are municipal employees participate in matters
A15-13 8/28/2013 September 2013 Can Board member whose partner works for BA, negotiate BA's contract 
A06-13 5/29/2013 June 2013 Can Board member who is employed as a coach in shared service district participate in matters related to CSA
A11-13 7/31/2013 August 2013 Can Board member seek employment in shared services district
A12-13 7/31/2013 August 2013 Can Board member employed in local government participate in matters
A13-13 7/31/2013 August 2013 Can Board member employed by NJEA and a Board member employed by the county participate in matters
A08-13 6/25/2013 July 2013 Can Board member who owns a business consulting high school seniors work in district
A10-13 6/25/2013 July 2013 Can Board members who are employed as law enforcement participate in matters
A02-13 5/01/2013 June 2013 Can Board members who are involved in litigation with CSA participate in matters
A03-13 5/01/2013 June 2013 Can Board members with various familial conflicts participate in matters
A04-13 5/01/2013 June 2013 Can Board member survey teachers and evaluate curriculum
A29-12 2/20/2013 March 2013 Can Board member's child coach in district
A24-12 1/02/2013 February 2013 Can Board invoke the Doctrine of Necessity due to conflicts
A14-12 7/26/2012 August 2012 Can Board member's child be employed in district as custodian
A05-12 6/26/2012 July 2012 Can CSA serve as an educational consultant
A04-12 4/17/2012 May 2012 Can Board members participate in interview committees for CSA
A20-11 1/13/2012 February 2012 Can Board members with various family/employment conflicts invoke the Doctrine of Necessity
A15-10 2/14/2011 March 2011 Can Board members participate in exit interviews
A03-09 4/21/2009 May 2009 Can Board member who is also an official for NJSIAA participate in matters
A25-08 1/29/2009 February 2009 Can Board members who have family employed in the district participate in  matters
A06-08 6/10/2008 July 2008 Can individual who was terminated by Superintendent serve on the Board
A34-07 2/01/2008 March 2008 No longer valid, superseded by Martinez v. Albolino
A30-07 1/11/2008 February 2008 Can Board member's spouse be employed as security guard in district
A03-07 4/02/2007 May 2007 Can Board member express opinion to public
A23-06 11/15/2006 December 2006 Can Board members with various familial conflicts participate in matters
A14-06 10/19/2006 November 2006 No longer valid, superseded by Martinez v. Albolino
A07-06 7/31/2006 August 2006 Can Board member who has a spouse employed as a teacher in district participate in matters
A30-05 3/10/2006 April 2006 Can Board member who has a spouse employed in district participate in matters
A02-06 3/10/2006 April 2006 Does Board member who submitted a letter to local news outlet have a conflict
A31-05 2/10/2006 March 2006 Can Board member who is employed as SRO officer in district participate in  matters
A19-05 7/22/2005 August 2005 Can Board member who has a sister employed in another district participate in matters
A28-04 9/30/2004 October 2004 Can Board member who has a spouse employed in district participate in matters
A23-04 8/23/2004 September 2004 Can Board member who is a retired NJEA member participate in matters
A16-04 7/27/2004 August 2004 Can Board member also be a co-facilitator for special education parents' group
A17-04 7/26/2004 August 2004 Can Board member's employer renovate district school
A19-03 8/27/2003 September 2003 Can Board member who is a member of the NJEA and has spouse who is employed in district participate in matters
A14-03 8/14/2003 September 2003 Can district vendor fund a trip for the CSA
A13-02 11/26/2002 December 2002 Can Board members endorse candidates
A14-02 11/15/2002 December 2002 Can Board member who has a brother-in-law employed in another district participate in matters
A05-02 4/03/2002 May 2002 Can Board members who have family employed in district participate in tuition contract
A07-01 5/22/2001 June 2001 Can landlord of charter school be on board of trustees
A03-01 4/24/2001 May 2001 Can Board counsel continue to provide services to a Board member and spouse
A01-01 1/23/2001 February 2001 No longer valid, superseded by A05-23
A14-00 11/28/2000 December 2000 No longer valid, superseded by Martinez v. Albolino
A16-00 11/28/2000 December 2000 Can Board member who has a sibling employed in district participate in matters
A10-00 6/27/2000 July 2000 No longer valid, superseded by Martinez v. Albolino
A07-00 5/23/2000 June 2000 Can Board member volunteer with the PTA
A02-00 3/28/2000 April 2000 Can Board member who has a spouse employed in another district participate in matters
A14-99 10/08/1999 November 1999 Can Board member whose spouse is a co-founder of a charter school participate in matters
A15-99 10/13/1999 November 1999 Can Board member who is employed at a law firm represent charter school
A13-99 9/20/1999 October 1999 Can Board member and CSA who have conflicts participate in matters
A05-99 4/08/1999 May 1999 Can Trustee who is employed by a law firm represent charter school
A22-98 9/30/1998 February 1999 Can conflicted Board members participate in grievance hearing
A13-98 6/03/1998 July 1998 Can Board member also serve as a charter school trustee
A14-98 7/09/1998 August 1998 Do non-voting trustees have conflicts
A08-98 5/06/1998 June 1998 Can Board members with family employed in the district participate in matters
A05-98 4/13/1998 May 1998 Can BA invest in a program sponsored by NJASBO when BA is a member of the NJASBO
A03-98 2/23/1998 March 1998 Can Board members who have coflicts invoke the Doctrine of Necessity
A04-98 3/04/1998 April 1998 Can Board member be an adjunct professor
A01-98 1/23/1998 February 1998 Can Board members vote on curriculum when their childern attend district schools
A30-97 12/24/1997 February 1998 Can Board member who is a co-owner of a day care contract with district
A26-97 10/20/1997 November 1997 Can Business Administrator serve as resource for negotiations when BA receives percentage of teachers' settlement
A23-97 9/15/1997 October 1997 Can Board member start a business that advises high school seniors
A22-96 9/11/1997 October 1997 Can charter school trustee who is a teacher in another district participate in matters
A16-96 1/28/1997 February 1997 Does Board member who has a spouse who is employed as an administrator in the district have a conflict
A17-96 11/27/1996 June 1997 Does Superintendent have a conflict when daughter-in-law is employed in district and member of union
A55-95 1/23/1996 January 1996 No longer valid, superseded by A25-14
A09-15 7/28/2015 August 2015 Can Board member with niece employed in district participate in matters
A10-15 7/28/2015 August 2015 Can Board member volunteer to run a club in district
A08-15 6/30/2015 July 2015 Can Board member's spouse work as food service in district
A05-15 4/28/2015 May 2015 Can Board members with familial conflicts participate in matters
A05-14 4/22/2014 May 2014 Can Board invoke the Doctrine of Necessity
A20-12 10/31/2012 January 2013 Can Board member who has family employed in district review the minutes

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