Bill Text: NJ S1744 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes disciplinary procedure for school board members when charged with certain crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-03-11 - Introduced in the Senate, Referred to Senate Education Committee [S1744 Detail]
Download: New_Jersey-2010-S1744-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Establishes disciplinary procedure for school board members when charged with certain crimes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning disciplinary action for certain school board members and amending and supplementing P.L.1991, c.393.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 8 of P.L.1991, c.393 (C.18A:12-28) is amended to read as follows:
8. a. The commission may appoint professional employees and clerical staff and may incur expenses which are necessary to carry out the provisions of this act within the limits of funds appropriated or otherwise made available to it for that purpose. All appointments shall be made in accordance with the provisions of Title 11A of the New Jersey Statutes.
b. In order to carry out the provisions of this act, the commission shall have the power to issue advisory opinions, receive complaints filed pursuant to section 9 of this act, receive and retain disclosure statements filed pursuant to sections 5 and 6 of this act, conduct investigations, hold hearings, and compel the attendance of witnesses and the production of documents as it may deem necessary and relevant to such matter under investigation. The members of the commission and persons appointed by it for this purpose are empowered to administer oaths and examine witnesses under oath.
In addition to the powers already prescribed by this subsection, the commission shall have the power to recommend the removal of school board members pursuant to sections 2 and 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. A person shall not be excused from testifying or producing evidence on the ground that the testimony or evidence might tend to incriminate the person, but an answer shall not be used or admitted in any proceeding against the person, except in a prosecution for perjury. The foregoing use immunity shall not be granted without prior written approval of the Attorney General. If use immunity is not granted, the person may be excused from testifying or producing evidence on the ground that the testimony or evidence might tend to incriminate the person.
d. The commission shall promptly report to the Attorney General any information which indicates the possible violation of any criminal law.
(cf: P.L.1991, c.393, s.8)
2. (New section) a. A county prosecutor shall notify the Commissioner of Education when any school board member has been charged with a crime of the first, second, or third degree that involves a minor. The commissioner, upon receiving the notification, shall forward a copy of the notice to the School Ethics Commission.
b. After receiving notice, and at the next scheduled meeting of the commission, the commission shall review the charge brought against the school board member. If no action is taken at the initial meeting, the commission shall, at the following scheduled meeting, determine the fitness of the person to continue performing official duties as a school board member. The commission shall recommend to the commissioner that:
(1) the person be immediately removed; or
(2) no action be taken against the person.
The commission shall notify the school board member when the recommendation is made, and the notice shall include an explanation of the recommendation.
c. The commissioner shall have 10 days to adopt, reject, or modify the recommendation of the commission and shall forward a copy of the decision to the commission and the school board member.
d. Nothing in this section shall preclude the School Ethics Commission from reconsideration of its recommendation pursuant to subsection b. of this section upon the indictment, conviction, or acquittal of the school board member.
3. (New section) a. If the commissioner adopts the recommendation that the school board member be immediately removed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the member shall be served with a notice of disciplinary hearing. The hearing shall be held within 30 days of receipt of the hearing notice. The hearing shall be limited to a determination of whether the public interest is best served by the removal of the school board member. The commission shall examine whether the member is fit to continue performing official duties, or if removal is necessary to maintain public confidence in the school board.
b. Within 30 days of the hearing, the commission shall make a final recommendation and state its findings in writing. The commissioner shall act on the commission's recommendation by furnishing the school board member with a statement of final action by either personal service or certified mail.
4. This act shall take effect on the 60th day after enactment, but the State Board of Education shall take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.
STATEMENT
This bill establishes a procedure for the removal of school board members who are charged with a crime of the first, second, or third degree.
Under the bill, county prosecutors are directed to notify the Commissioner of Education when any school board member has been charged with a crime of the first, second, or third degree that involves a minor. The notice would be forwarded to the School Ethics Commission.
The commission would review the charge and recommend to the
commissioner that the person be immediately removed or that no action be taken against the person. When the recommendation is made, a notice and an explanation of the recommendation would be sent to the school board member. The commissioner is given 10 days to adopt, reject, or modify the recommendation of the commission. Based upon whether the school board member is indicted, convicted or acquitted, the School Ethics Commission could reconsider its recommendation.
If the commissioner adopts the recommendation that the school board member be immediately removed, the member would be served with a notice of disciplinary hearing. The hearing must be limited to a determination of whether the public interest is best served by the removal of the school board member. Within 30 days of the hearing, the commission would make a final recommendation and state its findings in writing. The commissioner would act on the commission's recommendation by providing the school board member with a statement of final action by personal service or certified mail.
This bill is intended to establish a procedure for the possible removal of school board members who are charged with certain serious crimes. It creates a quick and affirmative State response to matters which are currently left up to the discretionary authority of local school boards. It also recognizes the need to protect the welfare and confidence of pupils, parents, and school staff with regard to school board members when a member has been charged with certain crimes.
