Bill Text: NJ A646 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires the adoption of nepotism policies by school districts and charter schools.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced - Dead) 2010-12-09 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A646 Detail]
Download: New_Jersey-2010-A646-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman JOSEPH CRYAN
District 20 (Union)
Co-Sponsored by:
Assemblywoman Jasey, Assemblymen Ramos, Albano, Milam, Assemblywoman Greenstein, Assemblyman Schaer, Assemblywomen Evans, Addiego, Assemblyman Rudder, Assemblywomen Pou, Riley, Assemblymen DeAngelo, Conners, Assemblywoman Voss and Assemblyman Burzichelli
SYNOPSIS
Requires the adoption of nepotism policies by school districts and charter schools.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning nepotism policies of school districts and charter schools and supplementing chapter 12 and chapter 36A of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act, "relative" means an individual's spouse, partner in a civil union as defined pursuant to section 2 of P.L.2006, c.103 (C.37:1-33), domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), or the parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister of the individual or of the individual's spouse, civil union partner, or domestic partner, whether the relative is related to the individual or the individual's spouse, civil union partner, or domestic partner by blood, marriage, or adoption.
b. As a condition of receiving State aid, the board of education of a school district or county vocational school district shall adopt and implement a nepotism policy. The nepotism policy shall include, but need not be limited to:
(1) a provision prohibiting any relative of a school board member, chief school administrator, school business administrator, school board attorney, or director of personnel from being employed in an office or position in the district; except that a person employed by the district on the effective date of the policy or the date a relative becomes a school board member, chief school administrator, school business administrator, school board attorney, or director of personnel shall not be prohibited from continuing to be employed in the district or, in the case of a reduction in force, in any position to which the person has a legal entitlement.
(2) a provision prohibiting the chief school administrator from recommending to the school board pursuant to section 1 of P.L.1995, c.125 (C.18A:27-4.1) any relative of a school board member, chief school administrator, school business administrator, school board attorney, or director of personnel unless the person is subject to the exception pursuant to paragraph (1) of this subsection;
(3) a provision prohibiting a district administrator including a director of personnel, or school board attorney from exercising authority, supervision, or control over his relative;
(4) a provision prohibiting a district administrator including a director of personnel, or school board attorney who has a relative who is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations including, but not limited to, being a member of the negotiating team; nor shall the district administrator including the director of personnel, or school board attorney be present with the school board in closed session when negotiation strategies are being discussed; and
(5) a provision prohibiting a district administrator including a director of personnel, or school board attorney who has a relative who is a member of the same Statewide union in another district from participating in any way in negotiations including, but not limited to, being a member of the negotiating team or being present with the school board in closed sessions when negotiation strategies are being discussed, prior to the school board attaining a tentative memorandum of agreement with the bargaining unit. Once the tentative memorandum of agreement is established, a district administrator including a director of personnel, or school board attorney with a relative who is a member of the same Statewide union in another district may fully participate in the process, absent other conflicts.
2. The board of trustees of a charter school shall adopt and implement a nepotism policy. The policy shall comply with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and apply to members of the board of trustees and administrators of the charter school.
3. This act shall take effect immediately.
STATEMENT
This bill directs boards of education of school districts and county vocational school districts to adopt and implement a nepotism policy. The adoption of such a policy will be a condition for the receipt of State aid.
The nepotism policy adopted by a board of education must include, but need not be limited to, the following:
(1) a provision prohibiting any relative of a school board member or chief school administrator, school business administrator, school board attorney or director of personnel from being employed in any office or position in the district. However, such a person employed by the district on the effective date of the policy or the date a relative becomes a school board member or administrator will not be prohibited from continuing to be employed in his current position or, in the case of a reduction in force, in any position to which the person has a legal entitlement. The policy may also provide that the district may seek approval from the executive county superintendent of schools to promote such an existing employee under certain circumstances;
(2) a provision prohibiting a chief school administrator from recommending to the school board any relative of a school board member or chief school administrator;, school business administrator, school board attorney, or director of personnel.
(3) a provision prohibiting a district administrator who has a relative who is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations;
(4) a provision prohibiting a district administrator who has a relative who is a member of the same Statewide union from participating in any way in negotiations prior to the school board attaining a tentative memorandum of agreement with the bargaining unit; and
(5) a provision prohibiting a district administrator who has a relative who is a member of the same Statewide union in another district from participating in anyway in negotiations.
The bill also directs the board of trustees of a charter school to adopt and implement a nepotism policy. The policy adopted by a board of trustees must incorporate the above provisions and will be applicable to members of the board and to charter school administrators.
The provisions of the bill reflect the nepotism regulations adopted by the Commissioner of Education. Under those regulations the board of education of a school district or county vocational school district is required to adopt a nepotism policy by October 1, 2008.
