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Board Members

Appellate Division Affirms Board Member’s Eligibility to Serve on Board of Education

By on April 15, 2016 in Board Members with 0 Comments

On March 7, 2016, the Appellate Division in Stargell v. Snyder, 2016 N.J. Super. Unpub. LEXIS 485 (App. Div. 2016) affirmed the trial court’s determination that a board member of the Pennsauken Board of Education (“Board”), who assigned an outstanding claim against the Board for reimbursement of unused sick leave to her adult daughter, was not disqualified from serving on the Board. The Board employed Margaret Snyder as a school nurse for twenty-seven years. In March 2013, she provided notice of her retirement effective July 1, 2013. Snyder then made a request to the Board for compensation for unused sick […]

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Interviewing Candidates is Beyond the Authority of the Board

By on April 1, 2016 in Board Members with 0 Comments

Many boards of education have personnel committees in which one or two board members, in a limited capacity, participate in the committee. May a board member be involved in the interview process of a candidate seeking employment with the board? The New Jersey School Ethics Commission (“Commission”) advises no. In Advisory Opinion A31-15 issued on January 26, 2016, the Commission determined that a board member would likely violate the New Jersey School Ethics Act (“Act”) if he involved himself in the interview process of potential candidates. The specific provisions of the Act which would be violated are N.J.S.A. 18A:12-24.1(c) and (d): […]

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Clarifying (Maybe) Who Can Participate In Negotiations

By on February 18, 2016 in Board Members with 0 Comments

By: Kelly E. Adler, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Negotiations are a hot topic in New Jersey right now; specifically, which Board members can and cannot participate in negotiating with teachers, administrators and staff is a question Board solicitors are constantly fielding.  In an attempt to clarify this issue, the School Ethics Commission (“Commission”) released three separate Advisory Opinions regarding this very issue. The School Ethics Act, N.J.S.A. 18A:12-24 et seq., governs New Jersey School Board members as well as school officials.  Generally speaking, the School Ethics Act prohibits school officials and Board members from using or attempting to […]

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