N.J. Admin. Code § 6A:23A-22.10

Current through Register Vol. 57, No. 1, January 6, 2025

Section 6A:23A-22.10 - Nepotism policy

(a) As a condition of receiving charter school aid, State school aid, or renaissance school project aid, a charter school or renaissance school project board of trustees shall implement the nepotism policy established by this subsection. The nepotism policy shall include the following:

1. A definition of "relative" in accordance with N.J.S.A. 52:13D-21.2 and N.J.A.C. 6A:23A-1.2 and a definition of "immediate family member" in accordance with N.J.S.A. 52:13D-13 and N.J.A.C. 6A:23A-1.2;

2. A provision prohibiting any relative of a board of trustee member, lead person, or chief school administrator from being employed in an office or position in the charter school except that a person employed or to be promoted by the charter school on the effective date of the policy or the date a relative becomes a board of trustees member or chief school administrator shall not be prohibited from continuing to be employed or to be promoted in the school, and a charter school and renaissance school project may employ a relative of a board of trustee member, lead person, or chief school administrator provided the charter school has obtained approval from the executive county superintendent. Such approval shall be granted only upon demonstration by the charter school that it conducted a thorough search for candidates and the proposed candidate is the only qualified and available person for the position;

3. A provision prohibiting the chief school administrator/lead person from recommending to the board of trustees, pursuant to N.J.S.A. 18A:12-21 through 34, any relative of a board of trustees member or chief school administrator/lead person unless the person is subject to the exception at (a)2 above;

4. A provision prohibiting a charter school or renaissance school project administrator from exercising direct or indirect authority, supervision, or control over a relative of the administrator. Where it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms must be in place;

5. A provision prohibiting a charter school or renaissance school project administrator or board of trustees member 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 should the administrator be present with the board of trustees in closed session when negotiation strategies are being discussed; provided, however, the administrator may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the school can provide such information; and

6. A provision prohibiting a charter school or renaissance school project administrator who has an immediate family member who is a member of the same Statewide union in a school district or another charter school or renaissance school project from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team or being present with the board of trustees in closed sessions when negotiation strategies are being discussed, prior to the board of trustees attaining a tentative memorandum of agreement with the bargaining unit that includes a salary guide and total compensation package; once the tentative memorandum of agreement is established, a charter school or renaissance school project administrator with an immediate family member who is a member of the same Statewide union in a school district or another charter school or renaissance school project may fully participate in the process, absent other conflicts. Notwithstanding the above in this paragraph, a charter school or renaissance school project administrator who has an immediate family member who is a member of the same Statewide union in another charter school or renaissance school project may service as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the charter school or renaissance school project can provide such information.

(b) A charter school or renaissance school project may exclude per diem substitutes and student employment from its board of trustees nepotism policy.

N.J. Admin. Code § 6A:23A-22.10

Amended by 49 N.J.R. 1079(a), effective 5/1/2017

Amended by 56 N.J.R. 2166(a), effective 11/4/2024