School Ethics Commission

NEW JERSEY SCHOOL BOARDS ASSOCIATION/
NEW JERSEY ASSOCIATION OF SCHOOL ADMINISTRATORS/
ANNUAL WORKSHOP

October 26, 2006

I. INTRODUCTION TO THE SCHOOL ETHICS ACT

A. Purpose:  To ensure that the conduct of school officials holds the respect and confidence of the people.  School officials must avoid conduct which is in violation of their public trust or which creates a justifiable impression that the public trust is being violated.  School Ethics Act, N.J.S.A. 18A:12-22a.

B. Jurisdiction
N.J.S.A. 18A:12-23 provides that a board member, a managerial employee or officer of the New Jersey School Boards Association or an administrator is a school official governed by the Act.   This includes trustees and administrators of charter schools.

1. Board Attorneys are not School Officials Unless Employed Directly by the School District -- Advisory Opinion A15-99 -- Attorney asked whether he could represent a board of education and a charter school in the same municipality, but Commission was unable to offer an opinion because he was not a school official.

C. Enforcement
The Act created the School Ethics Commission and charged it with enforcing the Act.  The Commission is placed in the New Jersey Department of Education.  N.J.S.A. 18A:12-27.  The regulations governing the Commission are set forth at N.J.A.C. 6A:28-1 et seq.

II.        COMPLAINTS

A. Who may file a complaint?
Any board member, employee or member of the public may file a complaint alleging a violation of the School Ethics Act.  N.J.S.A. 18A:12-29(a) requires that the complainant be a “person.”  The person filing need not live in the district.  The statute also allows for a Commission member to file a complaint.

B. Form of complaint
The forms used to file complaints are set forth at N.J.A.C. 6A:28-6.3 and on the Commission’s website at www.nj.gov/njded/ethics/compform.htm. 

C. Penalties
If the Commission finds that a school official has violated the act, then it may recommend to the Commissioner of Education penalties consisting of reprimand, censure, suspension or removal.

D. Procedure for handling complaints

1. The Commission sends a complaint it receives to the respondent for an answer within 20 days.  N.J.A.C. 6A:28-6.1(b) provides that a complaint must be filed within one year of notice of the alleged violation.
2. The Commission undertakes an investigation after receipt of an answer if the complaint alleges a violation of the prohibited acts, N.J.S.A. 18A:12-24.
3. The Complainant has the burden of proving factually violations of the Code of Ethics for School Board Members, N.J.S.A. 18A:12-24.1, so the Commission does not investigate those cases.
4. All complaints are confidential until the Commission acts at a public meeting, N.J.A.C. 6A:28-6.2(a)2.
5.  When the investigation is complete, the Commission schedules the matter for discussion at one of its meetings.  The respondent has the right to bring counsel and witnesses.  The complaint is discussed in executive session.
6. When assessing evidence, Commission relies on the residuum rule and will not base a finding of fact on hearsay without supporting competent evidence.  See N.J.A.C. 1:1-15.5(b).  See C01-06.
7. If a violation of one of the prohibited acts is alleged, the Commission then rules on whether there is probable cause to credit the allegations in the complaint. N.J.A.C. 6A:28-6.6(a).
8. If probable cause is found, the Commission either transmits the matter to the Office of Administrative Law (OAL) for a hearing or, if there are no material facts in dispute, asks the respondent to submit a written statement as to whether the conduct violated the Act.  N.J.A.C. 6A:28-6.7.
9. Upon receiving the written statement or upon receiving the ALJ’s decision from the OAL, the Commission rules on whether the respondent violated the Act and recommends that the Commissioner impose a penalty.
10. If a violation of the Code of Ethics is alleged, there is a full hearing before the Commission with cross-examination and the Commission may determine whether the Act has been violated.
    -- A complaint alleging violations of prohibited acts and the Code of Ethics is treated as one alleging prohibited acts, so the Commission determines whether probable cause exists.  N.J.A.C. 6A:28-6.6.

E. Appeals from Commission Decisions

1. Dismissal – Appeals are to the Superior Court-Appellate Division pursuant to New Jersey Court Rule 2:2-3(a).
2. Violation – The school official may file “exceptions” to the penalty recommendation with the Commissioner of Education within 13 days of the Commission’s decision on violation.  N.J.A.C. 6A:3-9.1.  The finding of a penalty and a violation may then be appealed to the State Board of Education.  N.J.A.C. 6A:4-1.1 et seq.

 

III. ADVISORY OPINIONS

A. Who may seek an advisory opinion?
Any school official may seek an advisory opinion as to his or her proposed conduct.  N.J.A.C. 6A:28-5.1.

In addition, a school official seeking an opinion on the proposed conduct of another school official must show that he has copied the school official on the request.  That school official may then respond within ten days.  This is a change from the prior regulations.  N.J.A.C. 6A:28-5.2(b).

B.  Form of Request
To request an opinion, send a letter to the Chairperson, Paul Garbarini, School Ethics Commission, PO Box 500, Trenton, NJ  08625, setting forth the nature of the conduct that is proposed.  The conduct must be prospective and cannot have already taken place.  The request for an advisory opinion must set forth in detail the specific conduct or activity the school official seeks to undertake and the exact role he or she will play in that activity or conduct.  N.J.A.C. 6A:28-5.2(a).

C. Time to respond to advisory opinion request
N.J.A.C. 6A:28-5.2(f) states that the Commission shall render a response at its next monthly meeting following its receipt of all relevant information and documentation needed to make a determination on the request.

D. No conversion to complaint
The Commission cannot turn a request for an advisory opinion into a complaint.  However, an advisory opinion that a school official receives from the Commission can be used as evidence that the school official knew that the conduct that he or she was engaging in was in violation of the Act. 

IV. REVIEW OF DECISIONS ON COMPLAINTS AND ADVISORY OPINIONS ALLEGING A VIOLATION OF THE PROHIBITED ACTS IN N.J.S.A. 18A:12-24.

A.  N.J.S.A. 18A:12-24(a) – Having an Interest in a Business or Engaging in a Business, Transaction, or Professional Activity in Substantial Conflict with Duties

C06-94, C07-94 and C08-94 Business Administrator, Superintendent and Assistant Superintendent in Type I district did not violate N.J.S.A. 18A:12-24(a) by serving as members of municipal council.  They did not serve on Board of School Estimate.  They must recuse themselves from handling certain matters.

C09-94 No probable cause that substantial conflict exists where board member serves on municipal sewerage authority.

C24-95 No probable cause found where school principal serves as State Senator, Township Commissioner and Mayor.  Positions do not constitute an inherent conflict.

C21/C22-01 Board member who is employed as Assistant Vice President of the bank that serves as the depository for his Board was not in substantial conflict with his duties as a board member in violation of N.J.S.A. 18A:12-24(a), but did violate N.J.S.A. 18A:12-24(c) by voting in favor of his employer to continue as the Board’s depository.   The Commissioner concurred with the Commission’s recommended penalty of reprimand.

A17-04 (July 26, 2004) Board member would not violate N.J.S.A. 18A:12-24(a) or (d) of the Act if he continued his employment with an architectural firm that is contracted by the Board, but he must recuse himself from all discussions, actions, resolutions and votes pertaining to the area of architecture pursuant to N.J.S.A. 18A:12-24(c).

B.  N.J.S.A. 18A:12-24(b) Using One’s Position to Secure Unwarranted Privileges for Oneself or Others
           
C04-94 Commission decided that a board member violated N.J.S.A. 18A:12-24(b) when she solicited signatures for a board of education candidate’s petition from teachers and other registered voters employed in a school within their district.  Commission recommended a censure, but Commissioner imposed a sanction of reprimand.

C31-95 Board member who voted to approve payments to contractor whom he had contracted for personal use in the past did not use position to secure unwarranted privileges for others.

C07-97 No probable cause found where board members and superintendent stayed at Disney Resort instead of conference recommended hotels and cost exceeded that allowed by board policy.  Board members reimbursed board for cost of Disney passes.

C03/C04/C06-01 Where board members invited vendor’s employee into another board member’s campaign headquarters for the purpose of soliciting from him a donation for a political action committee to support the board member’s campaign for borough council, they were found to have used their official positions to secure unwarranted privileges.  The five members of the Board present in the building who were working for the same political action committee when the solicitation was made could have the power to cancel the vendor’s contract.  Such conduct was also found in violation of N.J.S.A. 18A:12-24(e).  Commission believed conduct warranted removal, but board members were no longer serving when decision was made.

C18-01 Board member was found to have used her official position to secure unwarranted privileges, advantages for herself and others in violation of N.J.S.A. 18A:12-24(b), when she used her position as a board member to acquire mailing labels containing student information that were used to send mailings for a political campaign.  Commission recommended censure and the Commissioner accepted the recommendation.

C17-99 Assistant Superintendent violated N.J.S.A. 18A:12-24(b) when he set forth that the district would have to use all daycare centers in order to obtain an opinion to allow his daycare center to provide daycare to the district and when he sent correspondence to the residents of his district using his title to promote the center thus violating the Commission’s prior caution to him.  Commissioner concurred with recommended penalty of one-month suspension from his position.

C08-02 Respondents violated N.J.S.A. 18A:12-24(b) in connection with their votes to appoint an attorney who had represented them on personal matters prior to the appointment. Such conduct also violated N.J.S.A. 18A:12-24(c).  Commission recommended censure for both board members; Commissioner believed one to be more culpable than the other and accepted the censure of one but suspended the other for two months.

C09/C10-05 Charter School Vice President was found in violation of N.J.S.A. 18A:12-24(b), along with N.J.S.A. 18A:12-24.1(a), (e) and (g) of the Code of Ethics, for voting to hire a company to polish floors that employed her husband and son to perform the work and signing checks without board authorization, including those to a company owned by her husband.  Commission recommended removal; Commissioner concurred. 

C.  N.J.S.A. 18A:12-24(c) -- Acting in One’s Official Capacity in a Matter in Which He Has a Personal or Financial Involvement
           
C23-96 Commission found a violation of N.J.S.A. 18A:12-24(c) where a board member who had served as the campaign treasurer for a city council candidate participated in discussions and voted on hiring the councilman as principal.  Commission recommended a censure.

C03-97 Board member violated subsection N.J.S.A. 18A:12-24(c) when she voted on resolution to hire special counsel to investigate a superintendent’s conduct when she had previously been involved in litigation with that superintendent.  The Commission’s recommendation of censure was accepted by the Commissioner.

C12-97 Board members acted in official capacity in matter in which they had personal involvement when they negotiated with teachers when their brother and fiancée, respectively, were members of the local teachers’ union.  Commission recommended a penalty of censure and Commissioner accepted.

C14-97 No probable cause found when superintendent recommended non-renewal of administrators, one of whom accused him of sexual harassment and the other who supported her claim.  Personal involvement found but no alternative existed under N.J.S.A. 18A:27-4.1.  Administrators had to seek relief elsewhere.

C05/C07-98 Board members violated N.J.S.A. 18A:12-24(c) by acting in a matter in which they had a personal involvement when they voted for auditing firm when an employee of the firm was serving as their campaign treasurer.  Commissioner upheld recommended reprimand.  No probable cause on N.J.S.A. 18A:12-24(e).

C20-99 Respondent violated subsection N.J.S.A. 18A:12-24(c) when he made motions to pass resolutions that resulted in the appointment of his wife to two positions with the Board.  Commissioner concurred with Commission’s recommendation of censure.

C01-01 Board member violated N.J.S.A. 18A:12-24(c) when he voted on the payment of tuition to a vocational school board, where he is employed as principal. The Commission found no probable cause to credit the allegation that the board member had an inherent conflict of interest in being employed as a principal by a vocational school and serving as a member of a board that sends students to the school. Commission recommended censure because board member was no longer serving.  Commissioner concurred.

C21-01, C22-01 Board member violated N.J.S.A. 18A:12-24(c) when he participated in the discussion and vote on the resolution to continue the appointment of his employer as the depository for the town Board of Education.  Commission recommended a reprimand and the Commissioner concurred.

C36-01 Board member violated N.J.S.A. 18A:12-24(c) when he commented in a budget meeting that the stipend paid to team leaders was low when his wife was a team leader at the school.   Commissioner concurred with Commission’s recommendation of censure.

C44-02 Board member violated N.J.S.A. 18A:12-24(c) by voting on bill lists containing payments to a company of which she is an employee and her husband owns on three separate occasions.  Commission recommended a reprimand.  Commissioner concurred.

C26-03 Board members were not found in violation since they voted pursuant to the Doctrine of Necessity; however, Commission cautions that the resolution invoking the Doctrine must disclose the various conflicts of interest of the board members.

C01-04 Board member violated N.J.S.A. 18A:12-24(c) when he was present for and participated in executive session discussions in which the hiring of his brother was discussed.  Commission recommended a penalty of censure, but Commissioner reviewed past Commission decisions and determined a reprimand to be more appropriate. 

C12-04 Board member violated N.J.S.A. 18A:12-24(c) when she participated in discussions at a Business Affairs Committee Meeting when bids for copiers were discussed and one of the bidders was a company in which her husband held an interest.  Commission recommended a censure and Commissioner concurred. 

A16-96 – January 29, 1997 Board member with a spouse in the local administrators’ association, which had provisions linking to the teachers’ association could not vote, participate in negotiations, participate in closed session preliminary discussions, participate in closed session discussions regarding areas not linked to administrators’ contract, participate in post-settlement, pre-ratification discussions or post-ratification and execution discussions.

A08-98 – May 26, 1998 Board members with relatives in the teachers’ and secretaries’ associations in the district may not negotiate the contracts of the associations representing their relatives; however, they may vote on the other associations’ contracts so long as the board does not have an understanding with the secretaries or teachers that each should get the same level of health benefits as the other.

A14-00 – November 28, 2000 After In the Matter of Pannucci, SB #16-97 (March 3, 2000), board members who are teachers in another district and members of the same statewide general union would not violate subsection N.J.S.A. 18A:12-24(c), if they were to vote on collective bargaining agreements with the local teachers' affiliate in the district in which they serve. However, board members would violate N.J.S.A. 18A:12-24(c), if they were to participate in negotiations with the local affiliate or participate in closed session discussions regarding negotiations prior to the signing of a memorandum of agreement.

A23-04 – August 8, 2004 Board members who have retired from the NJEA may serve on the board’s negotiations committee without violating the Act provided they are not actively participating in the NJEA.

A19-05 --   June 28, 2005 Board member whose sister is a teacher in another district and belongs to the same statewide union with which his district will be negotiating would not violate the Act by serving on the negotiations team. 

A30-05 – March 10, 2006 Board members would violate N.J.S.A. 18A:12-24(c) if they were to participate in evaluations, personnel actions and compensation for the principals who supervise their spouses, the Director of Elementary Education (for board member A only) and the Superintendent.  The Commission advised the board members to recuse themselves and not to participate in any discussions regarding the above matters.

A07-06 – July 31, 2006 Board member with a spouse who is a teacher’s assistant in the district would violate N.J.S.A. 18A:12-24(c) if he were to participate in the hiring and any employment issues regarding the superintendent, where the assistant superintendent supervises the spouse’s supervisor and is a candidate for superintendent.

D.  N.J.S.A. 18A:12-24(d) Undertaking Employment Reasonably Expected to Prejudice One’s Independence of Judgment in the Exercise of His Official Duties.
           
C11-93, C12-93 Violation found where mayor in Type I school district served as school business administrator thereby appointing those for whom he is employed.  One-year suspension for mayor, board publicly censured. 

C23-94 No probable cause found where board member in regional district served on local planning board during school construction project since he abstained from discussion at planning board.

C32-95 Board member violated N.J.S.A. 18A:12-24(d) by serving on the Board while serving as the Township Business Administrator based on the extent to which the duties can overlap in a Type I district.  Commission recommended removal if he did not resign one of the two positions; Commissioner removed upon confirming that he did not resign.

C01-98 No probable cause where board member who serves on board in a sending district teaches in the receiving district.  Decision references N.J.S.A. 18A:38-8.1, which gives sending district a seat on the receiving district board of education.

A22-96 – February 25, 1997 The Commission advised that a board member in a traditional school could not serve as a trustee of a charter school in the same district.  In analyzing the Charter School Program Act, the Commission concluded that he would violate N.J.S.A. 18A:12-24(d).

A07-01 – May 22, 2001 Executive director of a company, which is the landlord to a charter school, may serve as a trustee of the charter school without violating N.J.S.A. 18A:12-24(d), but since the company, which is the executive director’s employer, would receive a financial gain through the relationship, she may have to abstain from matters involving the lease.

A16-04 – July 27, 2004 Board member would not violate N.J.S.A. 18A:12-24(a) or (d) of the Act if she served as a co-facilitator of a Special Education Parent Discussion Group, but should remain mindful of her duty to maintain the confidentiality of any information that she acquires by reason of her office pursuant to N.J.S.A. 18A:12-24.1(g) of the Code.

E.  N.J.S.A. 18A:12-24(e)  Soliciting or Accepting any Gift, Favor, Loan, Political Contribution or Other Thing of Value Based on an Understanding that It Was Given with the Purpose of Influencing One in the Discharge of One’s Official Duties

C08-97 No probable cause found where board members accepted tickets for a dinner from vendors who had given anonymously through the Chamber of Commerce.

C03-01/C04-01/C06-01 Violation of N.J.S.A. 18A:12-24(e) found where board members solicited a campaign donation from a vendor.  Members’ comments that vendors were expected to donate to campaigns in a way that was commensurate with the amount of money that they made from the district were sufficient to show that they had knowledge that the campaign contribution was given with the intent to influence the school official in the discharge of his official duties.  The conduct was also found in violation of N.J.S.A. 18A:12-24(b).  Commission recommended censure because board members were no longer in office.   Commissioner concurred.

A14-03 -- August 14, 2003 The Commission advised that a school official would violate N.J.S.A. 18A:12-24(e) of the Act if he were to accept funding from a district vendor that consisted of travel, meals and accommodations to an educational event that the vendor sponsors, even if the school official were serving as a presenter.

Policy Guideline #1 School officials may not accept offers of meals or entertainment that are limited to clients or customers of the vendor.  School officials, if attending a conference, may attend hospitality suites or receptions provided that they are open to all persons attending the conference. 

F.  N.J.S.A. 18A:12-24(f) Using or allowing to be used, one’s public office or information not available to the public to secure financial gain for oneself or business with whom associated.

C10-98 Board member violated N.J.S.A. 18A:12-24(f) when he used his position to ask the Business Administrator to try to obtain an unsecured loan from the bank that the board uses as its depository.  Commission recommended a censure.

C47-04 Commission found no probable cause where board member recommended and voted on district’s broker of record when he had a “long-time friendship” with the managing partner and his son was hired by the broker of record after a vote.  He abstained from voting after his son was hired.  

G.  N.J.S.A. 18A:12-24(g)  Representing any party other than the school board in connection with any cause, proceeding, application or other matter pending before the district in which he serves.

C20-98 No probable cause found where board member sat on board and attended closed session when her husband and son testified against the baseball coach.  No evidence that she was representing her son or her husband. 

A07-00 Board member may serve as President of the local PTA, but must make sure that she does not represent the PTA before the Board on any matter.

C10-02 Board member violated N.J.S.A.18A:12-24(g) by representing the Borough Council in a matter pending before the Board.  He also violated N.J.S.A. 18A:12-24(c) when he participated in discussions on the budget as a board member while serving as “borough consultant,” but functioned as the borough’s financial officer.  Commissioner concurred with Commission’s recommended penalty of censure in light of board member’s abrupt resignation.

H.  N.J.S.A. 18A:12-24(h) No school official shall be deemed in conflict with these provisions if, by reason of his participation in any matter required to be voted upon, no material or monetary gain accrues to him as a member of any business, profession or group to any greater extent than any gain could reasonably be expected to accrue to any other member of that business, profession or group.

A01-98 (February 27, 1998) Board members whose children attended the district high school may discuss and vote on a proposal to give greater weight to more academically challenging courses pursuant to N.J.S.A. 18A:12-24(h), but may not vote on whether to make proposal retroactive when retroactivity would give their children who are juniors a greater benefit.

C11-00 Where board member negotiated and presented a lease renewal of a charter school to the board when his children are students of the charter school, no material gain accrued to him as a member of the group of parents to any greater extent than any gain could accrue to any other member of that group.

I.  No elected member shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the member or a member of his immediate family, whether directly or indirectly, in return therefore.

J. Nothing shall prohibit any school official, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests.

A30-04 (December 21, 2004) Board member would not violate the Act by appealing a Section 504 determination regarding her child and pursuing tuition and legal fees because N.J.S.A. 18A:12-24(j) provides an exception. However, she would violate N.J.S.A. 18A:12-24(c) if she were to participate in discussions and vote on matters involving the Section 504 determination.

V. REVIEW OF DECISIONS ON COMPLAINTS AND ADVISORY OPINIONS ALLEGING A VIOLATION OF THE CODE OF ETHICS, N.J.S.A. 18A:12-24.1.

A.  N.J.S.A. 18A:12-24.1(a) – I will uphold and enforce all laws, rules and regulations of the State Board of Education and court orders pertaining to schools.  Desired changes shall be brought about only through legal and ethical procedures.

C42-02 Board members who allegedly had knowledge of an attorney’s misconduct did not violate N.J.S.A. 18A:12-24.1(a) by not giving notice of that conduct; however, the Commission acknowledged that a failure to act could sometimes rise to the level of a violation.

C11-06 A superintendent is not a “board member” subject to the Code of Ethics for School Board Members, although she is an ex officio member of the Board.

B.  N.J.S.A. 18A:12-24.1(b) – I will make decision in terms of the educational welfare of children and will seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or social standing.

C33-01 Commission found no probable cause that board member violated N.J.S.A. 18A:12-24.1(b) or (e) when he made remarks derogatory to a member of the public and stated that the person would never serve on a committee that he chaired. 

C02-02 No probable cause found where board member was alleged to have violated N.J.S.A. 18A:12-24.1(b), (f) and (g) of the Code of Ethics for School Board members for making remarks that were allegedly abusive of the other board members, specifically, for stating that their vote was motivated by racism.

C. N.J.S.A. 18A:12-24.1(c) – I will confine my board action to policy making, planning and appraisal and I will help to frame policies and plans only after the board has consulted those who will be affected by them.

C03/C04/C06/C07/C12-03 Charter School trustee violated this provision when he acted to terminate the chief administrative officer without giving notice to all of the board members that such action was to take place.  Commission recommended removal for this and another violation that was overturned by the State Board of Education September 1, 2004.  State Board ordered that penalty be reduced to reprimand.

C06-05 & C12-05  Charter school board president was found to have violated N.J.S.A. 18A:12-24.1(b) when he planned and participated in a closed executive meeting of the board without providing adequate notice and when he, shortly before the meeting, sent an e-mail to all board members with a copy to the Board secretary effectively dismissing the board secretary.   He was also found in violation of N.J.S.A. 18A:12-24(b) and (c) and N.J.S.A. 18A:12-24.1(a), (c), (d), (e) and (f) of the Code of Ethics for, among other things, signing checks that the board did not authorize, including several made out to him.  The Commission would have recommended removal, but he was no longer serving on the board, so it recommended censure. Commissioner concurred.

D. N.J.S.A. 18A:12-24.1(d) – I will carry out my responsibility, not to administer the schools, but together with my board members, to see that they are well run.

C36-02 Board member violated N.J.S.A. 18A:12-24.1(a), (c), (d), (e), (f), (g), (h), (i) and (j) by ignoring the recommendation of the superintendent and allowing a business administrator to be hired without any recommendation, giving orders to a District employee to perform tasks for her, having Rice notices sent to employees proposing their termination without consulting the superintendent, hiring people and creating positions without recommendation from the superintendent.  The Commission recommended removal and the Commissioner concurred.

C25-03 Board members did not violate this section when they voted against the superintendent’s recommendation to renew the employment of the principal of one of the district’s schools.

C25-05  Board member found in violation of N.J.S.A. 18A:12-24.1(d) when he asked for copies of SAT reports directly from the guidance secretary, inspected lockers in the boys’ locker room and instructed staff on the supervision of students.  Commission recommended a penalty of censure and Commissioner concurred.

E. N.J.S.A. 18A:12-24.1(e) – I will recognize that authority rests with the board of education and will make no personal promises nor take any private action that may compromise the board.

C17-02 Board member violated N.J.S.A. 18A:12-24.1(e) and (g) by revealing employee documents to complainant that were provided to the Board as part of the Board’s dispute with an employee. Board member received a reprimand.

C26-05 Board members did not violate N.J.S.A. 18A:12-24.1(e) by holding a press conference, endorsing the mayor and making statements that the complainant found to be offensive. Comments were clearly made by them as individuals and not as representatives of the board. 

C49-05 Once a board member’s action is deemed to be “board action,” it cannot also be deemed “private action” under N.J.S.A. 18A:12-24.1(e), since such findings would be contradictory.  Commission found it appropriate to grant the motion to dismiss.

F.  N.J.S.A. 18A:12-24.1(f) – I will refuse to surrender my independent judgment to special interest or partisan political groups or to use the schools for personal gain or for the gain of friends.

C29-03 Respondents found to have surrendered their independent judgment to the local education association when they criticized the food service provider that the union opposed on television prior to voicing their concerns to the board and the superintendent.  Commission found that one of the respondents also violated N.J.S.A. 18A:12-24.1(j).

C02-02 No probable cause found where board member was alleged to have violated N.J.S.A. 18A:12-24.1(b), (f) and (g) of the Code of Ethics for School Board members for making remarks that were allegedly abusive of the other board members, specifically, for stating that their vote was motivated by racism. 

C15-03 The Commission found that a board member did not violate this section when he met with members of the public concerning the districts boy’s varsity basketball team and coach in an attempt to gather information and after he had received the approval of the superintendent to do so.

G.  N.J.S.A. 18A:12-24.1(g) – I will hold confidential all matters pertaining to the schools which, if disclosed, would needlessly injure individuals or the schools.  In all other matters, I will provide accurate information and, in concert with other board members, interpret to the staff the aspirations of the community for its school.

C36-01 Violation of N.J.S.A. 18A:12-24.1(e) and (g) found where board member sought and revealed confidential information about a board member’s child in closed session.  Board member made accusations that the board member’s son should not have graduated.  Seeking the information constituted taking private action that could compromise the Board in violation of N.J.S.A. 18A:12-24.1(e) and revealing it constituted failing to hold confidential all matters pertaining to the schools that would needlessly injure individuals in violation of N.J.S.A. 18A:12-24.1(g).  Board member received a censure.  The State Board of Education affirmed.

C51-05 No violation of N.J.S.A. 18A:12-24.1(g) where information provided was an interpretation or an opinion.  Commission could not find such information to be “inaccurate” under the Code of Ethics for School Board Members.  Commission found violation of N.J.S.A. 18A:12-24.1(e), for taking private action that may compromise the board, however, and Commissioner concurred with recommended penalty of censure.

A02-06 Board member would not violate N.J.S.A. 18A:12-24.1(e) or (g) if he were to send a letter to the editor expressing his opinion about the budget, as long as he does not hold himself out as a representative of the board, to indicate that the opinion is his and not that of the board, and the information therein is accurate and not confidential.

H.  N.J.S.A. 18A:12-24.1(h) – I will vote to appoint the best qualified person available after consideration of the recommendation of the CAO.

C35-02 Board members did not violate this provision when they voted not to reappoint the complainant to her position with the district despite the recommendation of the principal and superintendent to do so.  Commission said that N.J.S.A. 18A:12-24.1(h) does not require the board to accept all recommendations of the CSA; it only requires that it consider the recommendations.

C16-03 The Commission found that the board did not violate this section when board members did not follow the recommendations of the superintendent and educational experts in the district.

C39-04 Evidence of outstanding evaluations does not prove a violation of N.J.S.A. 18A:12-24.1(h) as long as the respondent board members considered the recommendation of the superintendent who, in this case, recommended non-renewal. 

I.  N.J.S.A. 18A:12-24.1(i) – I will support and protect school personnel in proper performance of their duties.

C30-03 Board member found to have violated N.J.S.A. 18A:12-24.1(i) when he called an employee at home and became angry when she refused to provide him with the reports that he had requested.  Commissioner recommended a reprimand and the Commissioner concurred.

C32-03 Commission granted a motion to dismiss a complaint alleging that board members attempted to limit the superintendent’s job responsibilities, thereby causing harm to her and the district in violation of N.J.S.A. 18A:12-24.1(d), (g), (h) and (i).      The Commission agreed that the complaint was essentially a grievance regarding Complainant’s assigned job and since it was a dispute about terms and conditions of employment, it must be resolved through the grievance procedure in the collective bargaining agreement, which requires going through PERC. 

C08-05 Charter school trustee was found in violation of the Code of Ethics for making a derogatory statement regarding a teacher’s lesson on the Holocaust at a public meeting of the school board.  Commission found that she failed to support and protect school personnel in proper performance of their duties in violation of N.J.S.A. 18A:12-24.1(i).

J.  N.J.S.A. 18A:12-24.1(j) – I will refer all complaints to the chief administrative officer and will act on the complaints at public meetings only after failure of an administrative solution.

C29-03 The Commission found that respondents violated subsection N.J.S.A. 18A:12-24.1(j) by entering schools and taking photographs of the kitchens to support their opposition to the food service contractor whose contract the teachers’ union opposed.  They then appeared on a television program complaining of the company’s management of the kitchens before taking their complaints to the superintendent.  Respondents received a censure.

C25-05 the Commission found that a board member violated N.J.S.A. 18A:12-24.1(d) and (j) of the Code of Ethics for School Board Members in the Act when he went directly to the guidance secretary and asked for a copy of the 2004 and 2005 SAT reports, went into the boys locker room to inspect the lockers and when he took a parental complaint directly to the Principal rather than to the Superintendent.  The Commission recommended a penalty of censure and the Acting Commissioner agreed. 

A31-05 (February 10, 2006)  Board member, who is employed as a police officer in the city where the district is located, would violate the N.J.S.A. 18A:12-24(a) and (d) of the Act if she were to be appointed by her employer as the district’s School Resource Officer and maintain her seat on the board.  In addition, she could violate N.J.S.A. 18A:12-24.1(c) and (j) due to her extensive contacts with students and staff.

VI. FINANCIAL/PERSONAL DISCLOSURE STATEMENTS

A. The Statutory Requirement

1. N.J.S.A. 18A:12-25 and 26 set forth that each school official shall annually file a financial/personal disclosure statement with the Commission by April 30th or 30 days from appointment.
2. The school’s designated person must inform the County Superintendent of the names of the school officials so that the names can be checked against the statements received.  Forms are available for printing from the Commission’s website at:  http://www.nj.gov/njded/ethics/fdform.htm.
3. All school officials must file their statements with their board secretary or designated person and then the board secretary must file the original statements of all district or charter school officials with the county superintendent and a copy must be maintained in the district.
4. Statements are public and must be accessible by any member of the public.  N.J.S.A. 18A:12-26(c).
5. The Commission enforces the filing of statements under N.J.S.A. 18A:12-29.

B.  Decisions on Disclosure Statements

C26-99A Board member violated N.J.S.A. 18A:12-25(a)(3) and 26(a)(1) when he omitted material information on his disclosure statements and thereby filed a false statement. Such conduct was also in violation of N.J.S.A. 18A:12-26(a)(1).

C37-01 (July 23, 2002) Violation of N.J.S.A. 18A:12-26(a)(3) found where board member failed to disclose that school board paid for conference attendance.

D05-05 (December 27, 2005) Where board member was provided with several opportunities to file her disclosure statement, but she did not file her statement until after the Commission issued its decision finding her in violation of the Act, the Commission was justified in recommending that she be suspended until she files the statement. (Commissioner Decision dated January 27, 2006.)

VII. NEW BOARD MEMBER TRAINING N.J.S.A. 18A:12-33

A.  Statute Requires that each new board member and charter school trustee undergo a training program within the first year of their first term in office.

1. The training sessions are sponsored by the New Jersey School Boards Association (NJSBA) and therefore, the board secretary must inform the NJSBA of when new trustees are appointed in order for the NJSBA to inform the trustees of when the sessions are and where they are located. 
2. Failure to attend training within the first year after election or appointment may result in a finding of a violation of the Act and a penalty up to removal from the board of trustees.

B. Decision on Training

T05-05 (September 27, 2005) Commission found board member who failed to attend training within her first year of her first term on the board in violation of the Act and recommended that she be suspended until January 28, 2006 if she does not attend an October training session and removed if she does not attend  by the January 28th session.

A. Advisory Opinion A22-96 (February 25, 1997)
The Commission advised that a local school board member could not serve as a trustee of a charter school in the same district.  In analyzing the Charter School Program Act, the Commission concluded that the member would violate N.J.S.A. 18A:12-24(d) which states “no school official shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties.”

B. C06-99 (June 21, 1999)
No probable cause found where it was alleged that the headmaster and non-voting trustee of a charter school had a conflict of interest in giving a loan to the charter school in the same amount as her salary.  The Commission analyzed the case under N.J.S.A. 18A:12-24(a) and dismissed the complaint.

IX.    SANCTIONS FOR FILING A FRIVOLOUS COMPLAINT

C29-96 N.J.S.A. 18A:12-29(e) Standard is whether the complaint was filed or continued in bad faith with the intent to harass, delay or cause malicious injury or if the complainant knew or should have known that the complaint had no reasonable basis in law.

C22-03 Where Commission warned complainant that he would be fined for the next complaint he filed if it had no merit and Commission gave him the opportunity to withdraw the complaint when it became clear that the respondents had no involvement with the conduct alleged, Commission found the complaint to be frivolous and fined complainant $250.00.

C01-05 Complaint that was filed less than a month after the respondent had filed a complaint against the Board President and contained allegations that were refuted by complainants’ own witnesses was filed without reasonable basis in law.  [This decision is currently on appeal before the Superior Court – Appellate Division.]

X.   WHERE TO FIND ETHICS CASES
Decisions of the School Ethics Commission are reported on the Internet with the Commissioner’s, State Board of Examiners’ and State Board of Education’s School Law Decisions.  You may find them at www.nj.gov/njded/legal/.  You may search particular words from the statute such as “personal involvement” or “private action” or a provision like “12-24.1(h)” in order to find cases that address a particular concern.

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