A Capehart Scatchard Blog

Tag: board members

Appellate Division Further Defines “Promptly Available” Meeting Minutes under OPMA

By on February 21, 2017 in Open Public Meetings Act with 0 Comments

Last week, we reviewed the New Jersey Appellate Division’s ruling in Kean Federation of Teachers v. Board of Trustees of Kean University, which changes a public entity’s obligations regarding Rice notices sent to its employees. You can read last week’s post here. This week, we will examine the Appellate Division’s other decision in the Kean case regarding a public body’s duty under the Open Public Meetings Act (“OPMA”), N.J.S.A. 10:4-6 et seq., to make meeting minutes promptly available. While the OPMA itself does not establish a specific time period for the “promptly available” standard, the Appellate Division found that the […]

Share

Continue Reading »

To Rice or Not to Rice? A Lesson from the Appellate Division

By on February 15, 2017 in Open Public Meetings Act with 0 Comments

*Please note that the case discussed in this article has been reversed by the New Jersey Supreme Court on June 21, 2018 in Kean Fed’n of Teachers v. Morrell, ___ N.J. ___, A-84-16 (2018).* In a published decision released on February 8, 2017, the New Jersey Appellate Division issued an important ruling regarding a public entity’s obligations regarding Rice notices provided to its employees. In Kean Federation of Teachers v. Board of Trustees of Kean University, the Appellate Division determined that a public body is required to provide a Rice notice to any employee whose name appears on the agenda regarding […]

Share

Continue Reading »

Non-Renewal Provision in Superintendent’s Contract Voided

By on December 13, 2016 in Labor & Employment with 0 Comments

On December 1, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s determination to invalidate a non-renewal provision contained in a Superintendent’s contract. In Richardson v. Gangadin and Jersey City Education Association v. Jersey City Board of Education, the Commissioner found that a board of education and a Superintendent may not alter the statutory requirements governing the renewal of a Superintendent’s contract. N.J.S.A. 18A:17-20.1 provides, in part, that a Superintendent will be automatically reappointed or renewed unless the board of education affirmatively provides timely notice.  Such notice must be 30 days for each year in the […]

Share

Continue Reading »

School Ethics Act Violated Regarding Disclosure Statements

By on November 29, 2016 in School Ethics Act with 0 Comments

In November 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld three decisions by the School Ethics Commission that various board members violated the School Ethics Act for failing to timely file their Personal/Relative and Financial Disclosure statements. N.J.S.A. 18A:12-25 and 26 require school board and charter school board members to annually file with the School Ethics Commission disclosure statements regarding their employment, financial interests, and sources of income. Moreover, these provisions of the School Ethics Act mandate that board members also disclose similar information regarding their relatives. Financial disclosure statements must be filed on or before April 30 of […]

Share

Continue Reading »

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

By on April 15, 2016 in Other 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 […]

Share

Continue Reading »

Interviewing Candidates is Beyond the Authority of the Board

By on April 1, 2016 in School Ethics Act 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): […]

Share

Continue Reading »

Top