DOE A to Z: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z #

School Ethics Commission Decisions

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School Ethics Commission Decisions
Public Advisory Opinions
Involvement in Other Ventures, Businesses, Etc.

A22-96 Board member would violate the Act if she served on the board of trustees of a charter school in the same district. 2/25/97
A23-97 Board member in regional school district may start personal business privately advising college bound students without violating the Act. 10/28/97
A30-97 Assistant Superintendent who is a partner in a day care center would violate Act by bidding on contract to provide programs for the school district's pre-school children. 2/04/98
A05-98 Business Administrator/Board Secretary would not violate the Act by being a member of the New Jersey Association of School Business Officials (NJASBO) if her Board votes to participate in an investment program that the NJASBO plans to sponsor. 4/29/1998


A13-98 It would be a violation of N.J.S.A. 18A:12-24(d) of the School Ethics Act for board members whose districts send students to a charter school to serve on the Board of Trustees of the charter school. 7/30/98
A14-98 Non-voting members of the board of trustees of a charter school who held positions as officers on the board could not simultaneously hold a contract with the charter school to provide financial services or be employed by the charter school without violating N.J.S.A. 18A:12-24(d) of the School Ethics Act. 7/30/98
A05-99 A Charter School Trustee would be in violation of N.J.S.A. 18A:12-24(a) and (c) if the law firm in which he was a partner were appointed by the Charter School to represent it in a zoning matter. 4/28/99
A14-99 Board member whose spouse is a founder of a proposed charter school that will serve children from his district does not have a conflict in violation of N.J.S.A. 18A:12-24(a) the Act, but should abstain from any discussions and votes whether to recommend the creation of the school. 11/23/99
A07-00 Board member would not violate the Act if he or she served as President of the local Parent Teachers’ Association in the same district, but would be prohibited from voting on matters involving the PTA, N.J.S.A. 18A:12-24(c), representing the PTA before the Board, N.J.S.A. 18A:12-24(g), or using information not available to the public for the financial gain of the PTA, N.J.S.A. 18A:12-24(f). 5/23/00
A07-01 Board member who is the executive director of a company that is the landlord to a charter school would not violate N.J.S.A. 18A:12-24(d) if she were to serve as a trustee of a charter school. However, she would violate N.J.S.A. 18A:12-24(c) if she were to participate in discussions or vote on matters having to do with the lease or future purchase of property. 5/22/01
A16-04 Board member would not violate 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. 7/27/04
A17-04 Board member would not violate 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. 7/26/04
A31-05 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. 2/10/06
A03-09 The Commission advised that a board member would not violate N.J.S.A. 18A:12-24(c), if s/he were to serve as a paid sports official at athletic meets in the district in which s/he serves, given: an “assignor” is responsible for assigning officials to officiate athletic events; all sports officials are assigned through an assignor and sports officials do not solicit assignments; board member would receive compensation from the district for your officiating duties, but such compensation has been negotiated by the league for school athletic directors for all area sports for both high schools and middle schools. 4/21/09
A05-12 School administrator would violate the School Ethics Act if s/he served as a paid consultant to companies that do business with the district. 6/26/12


Multiple violations of the School Ethics Act would occur if a Board member were to survey the Board and Superintendent, interview three Board members, anonymously survey all teachers in the District or conduct focus groups with teachers to fulfill a requirement of the Board member's doctoral program research. 



Multiple violations of the School Ethics Act would occur if a Board member who owns and operates a private consulting service for the benefit of students were to offer the services to students in the District as a volunteer or for profit. 


A10-13 A Board member who works for the local police department or who has a spouse who works for the local police department which has a shared services agreement with the District must recuse him/herself from any discussion or vote on any matter regarding the shared services agreement. Additionally, the member may not vote on any non-itemized bills for payment to the police department for the services provided to the District. N.J.S.A. 18A:12-24(c). 6/25/2013
A11-13 A Board member who sits on a Board that recently entered into a joint services agreement with another district must resign from the Board to avoid a violation of N.J.S.A.18A:12-24(c) if she successfully obtains employment with the other district as a result of a job search which began prior to the agreement coming into affect. 7/31/2013
A12-13 A Board member whose spouse works for a Government Authority which does business with the Board/District and who was formerly employed by the Authority must recuse him/herself from matters related to the relationship between the Board/District and the Government Authority/its Commissioner to avoid violating N.J.S.A. 18A:12-24(c). 7/31/2013
A19-13 Board members must recuse themselves from negotiations, employment discussions and voting on teacher contracts when a member of the teaching staff covered by those matters is a local town council member and the Board members are employed by the municipality governed by the council on which the teacher sits. N.J.S.A. 18A:12-24(b) and (c). 12/20/2013


A Board member who is a freelance journalist would not violate N.J.S.A. 18A:12-24(f) as long as no information is disclosed to the public on matters solely discussed in Executive Session.



A Board member who owns a company which does business with the District must recuse him/herself from all matters related to that relationship.  If the relationship is contractual the contract may run its course but not be renewed.  If the relationship is individual severable transactions, the Board must find a new company for future business needs.  Failure to do so would implicate N.J.S.A. 18A:12-24(c).



A Board member may not solicit on behalf of his business through leaflet distribution in the schools and must forego fundraising events where the Board member's business charges for participation and personally profits either monetarily or from promise of future business as a result of the event.  N.J.S.A. 18A:12-24(c) and (f).



A Board member would not violate the School Ethics Act if his employment with a company which contracts with the District continues in matters unrelated to the Board member's subject area of employment.  The Commission noted, however, that changes to the Board member's employment or the relationship between the District and the company may give rise to possible violations of the School Ethics Act in the future.


A42-14 A Board may not continue a business relationship on a non-contractual, transactional basis when that business is owned by a member of the board. Failure to do so would implicate N.J.S.A. 18A:12-24(c). 3/25/2015


A Board member, who is employed by a day care center which contracts with the Board/District, must recuse him/herself from any and all Board actions which remotely touch upon the relationship between the Board/District and the day care center.  N.J.S.A. 18A:12-24(b), (c), (d) and N.J.S.A. 18A:12-24.1(f).


A18-15 A Board member who has an interest in a business may not solicit business from district staff members, but staff may choose to patronize the business at their own discretion. 10/27/2015
A24-15 A Board member may be on the Board of Trustees of an unaffiliated Foundation which supports the District on which the Board member sits.  However, the Board member must be alert to a conflict that may arise stemming from the Foundation and the Board's interaction. 12/15/2015