Bill Text: NJ S574 | 2024-2025 | Regular Session | Introduced
Bill Title: Clarifies circumstances in which school board member may participate in volunteer activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Education Committee [S574 Detail]
Download: New_Jersey-2024-S574-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Clarifies circumstances in which school board member may participate in volunteer activities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning volunteer activities of school board members and supplementing P.L.1991, c.393.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A school board member shall not be prohibited from participating in a volunteer activity within the school district where he serves as a board member, provided that the board member's participation does not violate the provisions of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.), and is consistent with the provisions of this section.
b. A school board member shall not participate within the school district in a volunteer activity in which:
(1) the board member gives direct orders to school personnel or becomes directly involved in activities or functions that are the responsibility of school personnel or the day-to-day administration of the school district;
(2) the board member directs students, school personnel, resources, or funds on a regular, frequent basis; or
(3) the board member is directed by school personnel or administration on a regular, frequent basis.
c. A school board member who volunteers in an activity within the school district shall:
(1) prior to engaging in the activity, obtain consent from the superintendent and other staff who will be overseeing the activity; and
(2) inform relevant staff and others participating in the activity that the board member's involvement is in his individual capacity and not in his official capacity as a board member.
2. This act shall take effect immediately.
STATEMENT
This bill clarifies the circumstances in which a member of a board of education may participate in volunteer activities. The bill provides that there is no general prohibition on a school board member volunteering in an activity within the school district he oversees, provided that the board member's participation in the activity does not violate the provisions of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.), and is consistent with the provisions of the bill. The bill specifically prohibits a school board member from participating within the school district in a volunteer activity in which: (1) the board member gives direct orders to school personnel or becomes directly involved in activities or functions that are the responsibility of school personnel or the day-to-day administration of the school district; (2) the board member directs students, school personnel, resources, or funds on a regular, frequent basis; or (3) the board member is directed by school personnel or administration on a regular, frequent basis. Pursuant to Advisory Opinion A10-15, issued on July 28, 2015, the School Ethics Commission determined that these types of volunteer activities are inconsistent with a school board member's role and would violate the provisions of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.).
In addition, the bill requires a school board member who volunteers in an activity within the school district to obtain prior consent from the superintendent and other staff who will be overseeing the activity. The board member must also inform relevant staff and others participating in the activity that his involvement is in his individual capacity and not in his official capacity as a board member. These requirements were also outlined by the School Ethics Commission in Advisory Opinion A10-15.