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School Ethics Commission Decisions

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School Ethics Commission Decisions
Public Advisory Opinions
Negotiations/Resource Exception

A55-95 Three Board Members who are not conflicted in any way are sufficient to form the negotiating team and may directly participate in negotiations.
Advice permitting a Board member, whose spouse is a teacher's aide, to serve on the Negotiating Committee has been superseded by A25-14; consequently, that part of A55-95 Advisory Opinion is no longer considered valid guidance.
A17-96 Superintendent whose daughter-in-law is employed by the board and a member of the local education association may not serve as chief spokesperson for the board in contract negotiations, but may provide critical information. 11/27/96
A26-97 Business Administrator/Board Secretary whose contract provided that he will receive a percentage of teachers' settlement will not violate the act by serving as a resource during contract negotiations with teachers. 11/25/97
A13-99 Interim Superintendent and Business Administrator who have spouses who teach in another school district and are members of the same statewide general union as the teachers in the administrators’ district may provide technical financial and insurance information, but should not act as negotiators for the board.


A14-02 A Board member whose brother-in-law teaches in another school district would not violate the Act if he were to participate in negotiations with the local education association. The Doctrine of Necessity should not be invoked to allow the entire Board to participate in negotiations when there are three Board members without conflicts who may serve as the negotiating committee. Third, the Business Administrator whose spouse is an NJEA member may provide technical assistance to the Board without invoking the Doctrine of Necessity. 11/15/02
A14-12 School board member, whose son is a custodial employee, may  participate in negotiations for administrators unless some relationship exists that links the  administrators' contract  to the custodians' contract,  providing a benefit,  advantage, profit or gain to the son. 7/26/12
A22-16 The "technical exception" in the nepotism policy may be used to allow an otherwise conflicted administrator to assist in negotiations, on a narrow basis, if no other individual in the District can provide the technical knowledge that the otherwise conflicted administrator possesses. Notwithstanding this exception, an otherwise conflicted administrator cannot use the exception to engage in all aspects of negotiations. 8/23/2016