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Union Endorsement of BOE Candidate Not an Automatic Conflict

By on October 16, 2018 in NJ School Law, School Ethics Act with 0 Comments

An individual served as a board of education member for an initial term. During his candidacy for reelection, the local education association and statewide education association decided to endorse the individual. The individual was reelected. Is this a conflict of interest and a violation of the School Ethics Act? Not necessarily, said the School Ethics Commission (“SEC”) in Advisory Opinion A10-18 issued on June 26, 2018.

The local education association (“LEA”) offered financial support to the individual, which he did not accept. On its own accord, the New Jersey Education Association (“NJEA”) circulated printed material endorsing the individual’s candidacy. The individual serves on the board of education’s negotiations team. He also received notice that the LEA President may file a lawsuit against him.

In its advisory opinion, the SEC explained that a local and/or statewide union’s endorsement of a candidate does not automatically create a future conflict unless  financial contribution is given and is intended to influence the individual in the discharge of his duties as a board member. Legitimate political activity by itself does not violate the School Ethics Act and does not per se create a conflict.

Based on the individual’s circumstances, the SEC found that the board member in question did not have an automatic conflict. The SEC cautioned the board member to not surrender his independent judgment to any special interest group. The SEC also advised that if the LEA President initiates a lawsuit against him, he should recuse himself from any matter related to the LEA.

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About the Author

About the Author:

Sanmathi (Sanu) Dev, Esq. is a Shareholder in Capehart Scatchard’s School Law and Labor & Employment Law Groups. Ms. Dev concentrates her practice on the representation of boards of education in all areas of school law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act. In connection with these representations, she is experienced in handling matters before State and Federal courts, including the Office of Administrative Law. Ms. Dev is an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates matters before governmental agencies, including the U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights. Ms. Dev routinely conducts training and seminars, drafts policies and manuals, and provides strategic advice to school administrators regarding school law issues. Ms. Dev also leads Capehart Scatchard’s School Law Blog (www.njschoollawblog.com) which focuses on cases, court decisions, and current developments affecting education law in the State of New Jersey.

Ms. Dev was selected to the “New Jersey Super Lawyer – Rising Star” list (2018-2021 in the area of School & Education). Less than 2.5% of attorneys selected as “Rising Stars” (lawyers under 40) through a peer nominated process based on independent research and peer evaluation. The Super Lawyers – Rising Star list is issued by Thomson Reuters. For a description of the “Super Lawyers – Rising Star” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html
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