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
A14-24 10/22/2024 11/26/2024 Can a board member review resumes of candidates before voting on the Superintendent's recommendation?
A13-24 09/24/2024 11/26/2024 Can a board member participate in negotiations if he/she has an aunt employed in the district, but is not a member of the local union?
A11-24 09/24/2024 11/26/2024 Can a board member who is employed at, and represented by, a law firm choose Board members?
A09-24 04/30/2024 11/26/2024 Can a board member whose adult child works in district participate in matters related to the Superintendent?
A07-24 04/30/2024 11/26/2024 Can board members who co-own a business participate in fund raising?
A06-24 04/30/2024 11/26/2024 Can a board member whose adult child has an issue with Board counsel participate in matters related to Board counsel?
A05-24 03/26/2024 11/26/2024 Can a board member who received an endorsement from a local union participate in matters?
A04-24 02/27/2024 11/26/2024 Does a board member have a conflict related to a Foundation and Board counsel?
A03-24 02/27/2024 11/26/2024 Can a board member simultaneously serve on a County Board of Commissioners?
A02-24 01/23/2024 11/26/2024 Can a board member who was terminated participate in matters related to the Superintendent?
A01-24 01/23/2024 11/26/2024 Does a board member who is also a professor have a conflict related to personnel?
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 a board member whose mother-in-law is employed in district have conflict?
A10-23 6/27/2023 6/27/2023 Does a 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 a board member's company bid on contract with the 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 a charter school trustee serve on the 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 who is employed in local government participate in matters related to the SRO?
A01-23 1/31/2023 2/21/2023 Can a board member work in for a food service company that contracts with 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 the 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 employed in the district participate in matters related to the 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 a board member with an ex-spouse employed in the district participate in matters related to the  Superintendent?
A13-21 5/25/2021` 2/11/2022 Can a board member work for a public facing company that does business with schools?
A12-21 4/27/2021 2/11/2022 Can a board member work for a company that sells products to schools?
A04-21 3/23/2021 2/11/2022 Can a board member who volunteers for a non-profit continue to volunteer?
A03-21 3/23/2021 2/11/2022 Can a board member who runs a non-profit offer services to families within 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 a brother-in-law employed in the district participate in negotiations?
A12-19 6/20/2019 2/11/2022 Can a board member who belongs to the Land Use Board participate in the sale of a Board building?
A01-19 3/27/2019 2/11/2022 Can board members who are employed by the city participate in land transfer between the Board/city?
A13-20 7/21/2020 10/30/2020 Can a 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 the 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 the 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 who is employed in the istrict 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 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 the Board invoke the Doctrine of Necessity due to various conflicts?
A24-16 10/24/2016 November 2016 Can a board member who was an NJEA member participate in matters?
A22-16 8/23/2016 September 2016 Can a Superintendent with conflicts use resource exception?
A15-16 6/21/2016 July 2016 Can a 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 a 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 a 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 the Board invoke the Doctrine of Necessity?
A24-15 11/24/2015 December 2015 Can a 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 a 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 the district?
A18-15 10/27/2015 November 2015 Can a board member who owns a bookstore sell products to district staff?
A42-14 3/25/2015 April 2015 Can a board member sell supplies in the district without a contract?
A43-14 11/26/2014 December 2014 Can a board member's child work as a paraprofessional in district?
A44-14 11/26/2014 December 2014 Can a board member be employed as an aide in a daycare that contracts with district?
A36-14 10/29/2014 November 2014 Can a board member endorse candidates?
A38-14 10/29/2014 November 2014 Can aboard member donate money to the district?
A29-14 9/02/2014 October 2014 Can a board member who owns a business offer activities to district students? 
A30-14 8/27/2014 September 2014 Can a board member's child be employed as a summer employee within the district?
A32-14 8/27/2014 September 2014 Can a board member volunteer in the district?
A33-14 8/27/2014 September 2014 Can a board member take employment with a company that contracts with district?
A34-14 8/27/2014 September 2014 Can a board member who is employed by or involved with the 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 a board member who owns business provide products in district?
A23-14 5/28/2014 June 2014 Can the Board invoke the Doctrine of Necessity and participate in final interviews?
A06-14 4/23/2014 May 2014 Can a board member be on the same board as his/her direct supervisor?
A07-14 4/23/2014 May 2014 Can a board member be employed as a secretary in another district?
A08-14 4/23/2014 May 2014 Can a board member with various family members employed in the district participate in matters?
A09-14 8/23/2014 September 2014 Can a board member who is part of a union, participate in matters in the 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 a board member who is employed as a reporter report on matters in the district?
A16-14 8/23/2014 September 2014 Can a 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 a board member whose partner works for the BA, negotiate the BA's contract? 
A06-13 5/29/2013 June 2013 Can a board member who is employed as a coach in shared service district participate in matters related to the CSA?
A11-13 7/31/2013 August 2013 Can a board member seek employment in a shared services district?
A12-13 7/31/2013 August 2013 Can a board member who is employed in local government participate in matters?
A13-13 7/31/2013 August 2013 Can a board member employed by the NJEA and a Board member employed by the county participate in matters?
A08-13 6/25/2013 July 2013 Can a  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 personnel participate in matters?
A02-13 5/01/2013 June 2013 Can board members who are involved in litigation with the 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 a board member survey teachers and evaluate curriculum?
A29-12 2/20/2013 March 2013 Can a board member's child coach in district?
A24-12 1/02/2013 February 2013 Can the Board invoke the Doctrine of Necessity due to conflicts?
A14-12 7/26/2012 August 2012 Can a board member's child be employed in district as a custodian?
A05-12 6/26/2012 July 2012 Can the CSA serve as an educational consultant?
A04-12 4/17/2012 May 2012 Can board members participate in interview committees for the 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 a 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 an individual who was terminated by the 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 a board member's spouse be employed as a security guard in district?
A03-07 4/02/2007 May 2007 Can a board member express his/her opinion to the 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 a board member who has a spouse employed as a teacher in district participate in matters?
A30-05 3/10/2006 April 2006 Can a board member who has a spouse employed in the district participate in matters?
A02-06 3/10/2006 April 2006 Does a board member who submitted a letter to the local news outlet have a conflict?
A31-05 2/10/2006 March 2006 Can a board member who is employed as a SRO officer in the district participate in matters?
A19-05 7/22/2005 August 2005 Can a board member who has a sister employed in another district participate in matters?
A28-04 9/30/2004 October 2004 Can a board member who has a spouse employed in the district participate in matters?
A23-04 8/23/2004 September 2004 Can a board member who is a retired NJEA member participate in matters?
A16-04 7/27/2004 August 2004 Can a board member also be a co-facilitator for a special education parents' group?
A17-04 7/26/2004 August 2004 Can a board member's employer renovate the district school?
A19-03 8/27/2003 September 2003 Can a board member who is a member of the NJEA and has spouse who is employed in the district participate in matters?
A14-03 8/14/2003 September 2003 Can a 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 a 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 the district participate in a tuition contract?
A07-01 5/22/2001 June 2001 Can a landlord of a charter school be on the board of trustees?
A03-01 4/24/2001 May 2001 Can board counsel continue to provide services to a board member and his/her 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 a board member who has a sibling employed in the 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 a board member volunteer with the PTA?
A02-00 3/28/2000 April 2000 Can a board member who has a spouse employed in another district participate in matters?
A14-99 10/08/1999 November 1999 Can a board member whose spouse is a co-founder of a charter school participate in matters?
A15-99 10/13/1999 November 1999 Can a board member who is employed at a law firm represent the charter school?
A13-99 9/20/1999 October 1999 Can a board member and the CSA who have conflicts participate in matters?
A05-99 4/08/1999 May 1999 Can a trustee who is employed by a law firm represent the charter school?
A22-98 9/30/1998 February 1999 Can conflicted board members participate in a grievance hearing?
A13-98 6/03/1998 July 1998 Can a 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 the Business Administrator (BA) invest in a program sponsored by NJASBO when the 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 a board member be an adjunct professor?
A01-98 1/23/1998 February 1998 Can board members vote on curriculum when their childern attend the district schools?
A30-97 12/24/1997 February 1998 Can a board member who is a co-owner of a day care contract with district?
A26-97 10/20/1997 November 1997 Can the Business Administrator (BA) serve as resource for negotiations when the BA receives a percentage of teachers' settlement?
A23-97 9/15/1997 October 1997 Can a board member start a business that advises high school seniors?
A22-96 9/11/1997 October 1997 Can a charter school trustee who is a teacher in another district participate in matters?
A16-96 1/28/1997 February 1997 Does a 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 a Superintendent have a conflict when his/her daughter-in-law is employed in the district and is a member of the union?
A55-95 1/23/1996 January 1996 No longer valid, superseded by A25-14.
A09-15 7/28/2015 August 2015 Can a board member with a niece employed in district participate in matters?
A10-15 7/28/2015 August 2015 Can a board member volunteer to run a club in district?
A08-15 6/30/2015 July 2015 Can a board member's spouse work for a food service that contracts with the 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 the Board invoke the Doctrine of Necessity?
A20-12 10/31/2012 January 2013 Can a board member who has family employed in the district review the minutes?