N.J. Admin. Code § 6A:23A-6.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 6A:23A-6.2 - Nepotism policy

(a) As a condition of receiving State aid, the district board of education or CVSD board of education shall implement a nepotism policy, which shall include the following:

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

2. A provision prohibiting any relative of a district board of education member or chief school administrator from being employed in an office or position in the school district except:

i. A person employed by the school district on the effective date of the policy or the date a relative becomes a district board of education member or chief school administrator shall not be prohibited from continuing to be employed or to be promoted in the school district; and

ii. A school district may employ a relative of a district board of education member or chief school administrator provided the school district has obtained approval from the executive county superintendent. Such approval shall be granted only upon demonstration by the school district 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 from recommending to the district board of education, pursuant to N.J.S.A. 18A:27-4.1, his or her relative or the relative of a district board of education member, unless the person is subject to an exception in (a)2 above;

4. A provision prohibiting a school district administrator from exercising direct or indirect authority, supervision, or control over his or her relative. If it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms shall be put in place;

5. A provision prohibiting a school district administrator or district board of education member whose relative 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 that school district administrator be present with the district board of education in closed session when negotiation strategies are being discussed; 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 district can provide such information; and

6. A provision prohibiting a school district administrator or district board of education member who has an immediate family member who is a member of the same Statewide union in another school 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 district board of education in closed sessions when negotiation strategies are being discussed, prior to the district board of education 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 school district administrator with an immediate family member who is a member of the same Statewide union in another school district may fully participate in the process, absent other conflicts. Notwithstanding the above, a school district administrator who has an immediate family member who is a member of the same Statewide union in another school district 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 district can provide such information.

(b) A district board of education or CVSD board of education may exclude per diem substitutes and student employees from its nepotism policy.

N.J. Admin. Code § 6A:23A-6.2

Amended by 49 N.J.R. 1038(a), effective 5/1/2017