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School Ethics Commission Decisions
Public Advisory Opinions
Search, Hire & Participation in Employment Decisions for CSA & Other Administrators

A30-05

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.

To the extent the Commission's past advisories dealing with the search for and selection ofm a new Superintendent are inconsistent with the determination in Martinez v. Albolino, C45-11 (June 27, 2012), this advisory is no longer considered valid guidance.

3/10/06
A07-06

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 board member’s spouse’s supervisor and is a candidate for superintendent.

To the extent the Commission's past advisories dealing with the search for and selection ofm a new Superintendent are inconsistent with the determination in Martinez v. Albolino, C45-11 (June 27, 2012), this advisory is no longer considered valid guidance.

7/31/06
A14-06 Board member would not violate N.J.S.A. 18A:12-24(c), if he or she were to participate in discussions and votes on the employment and compensation of the superintendent and building principals since his or her spouse serves as needed as an on-call substitute teacher. 10/19/06
A23-06

The Commission advised four board members who have various family members and/or relatives working in the district whether or not they would violate N.J.S.A. 18A:12-24(c) by participating in the search for a new superintendent, the interview process for the potential candidates, contract negotiations, the hiring of the new superintendent and employment issues related to the new superintendent.

To the extent the Commission's past advisories dealing with the search for and selection ofm a new Superintendent are inconsistent with the determination in Martinez v. Albolino, C45-11 (June 27, 2012), this advisory is no longer considered valid guidance.

11/15/06
A30-07

Board member whose spouse is a security guard in the district could not participate in the 
in the search for, and hiring of, a new superintendent, if the director of education becomes a candidate for the position of superintendent, because the director of education is familiar with the board member’s spouse by virtue of his or her indirect supervision of the spouse.

01/11/08
A06-08

The Commission advised that a board member would violate N.J.S.A. 18A:12-24(b) if he were to participate in the evaluation of the Superintendent where, prior to his becoming a board member, his employment with the district was terminated as a result of a decision made by the Superintendent.

06/10/08
A25-08 The Commission advised that two board members, one whose spouse was employed as a secretary in the district and the other whose spouse was employed as a caller of substitutes in the district, would not violate N.J.S.A. 18A:12-24(c). if they were to participate in the discussion and adoption of the board’s goals and objectives for the superintendent as long as those goals and objectives do not touch upon the employment of the board members’ spouses.  01/29/09
A20-12

Board member, whose husband and brother work in the district,  may not participate in closed session discussions and performance evaluation of either of the direct administrators or the central administration evaluations of the superintendent or assistant superintendents. Moreover, the Board member may not review any of the executive minutes, sit in on or be advised of the negotiation of committee's updates unless the information is also available to the general public.  Finally, the Board member may not participate in an executive session that considers the administrators' positions in schools in which the brother or husband teaches.  Doing so would violate N.J.S.A. 18A:12-24(c) and N.J.S.A. 18A:12-24.1(g).

10/31/12