FACT: Did you know BOE NEPOTISM could result in Lyndhurst losing state educational aid?
FAQ #35. What are the nepotism restrictions on board candidacy?
The nepotism regulations (N.J.A.C. 6A:23A-6.2) do not place restrictions on a candidate’s legalability to run for or serve on the board. Candidates who have relatives who are currently seated board members are not precluded from running for, being elected to and serving on the board of education. Candidates who have relatives who are currently employed in the school district are not precluded from running for, being elected to and serving on the board of education.
However, nepotism provisions place restrictions on the board’s ability to hire “relatives” of board members or of the chief school administrator. Once a board member is elected, the board may not hire that board member’s relative, and may lose state aid and be adversely affected in state monitoring (QSAC) for doing so. Existing relatives who are employed by the district may remain employed and be promoted. In exceptional situations, a district may employ a relative of a school board member or chief school administrator but only with approval from the Executive County Superintendent of Schools, which will only be granted if the district demonstrates that it conducted a thorough search for candidates and that the relative is the only qualified and available person for the position.
Also an individual board member whose relative works for the district will be restricted from discussing or voting on collective bargaining agreements to which the relative is a member.“Relatives” are broadly defined under the nepotism regulations to include a spouse, civil union/domestic partner, parent, child, sibling, 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 or partner civil union partner or domestic partner, whether related to the individual or the individual’s spouse or partner by blood, marriage or adoption. N.J.A.C. 6A:23A-6.2.
In recently issued public advisory opinions, the School Ethics Commission has expanded the restrictions on board member collective negotiations participation to include family members beyond the “relative” definition set forth above and other non-family members. Board members who have family members who are employed in other school districts who are members of similar statewide unions with which the board is negotiating will be restricted in collective negotiations participation as well. Board members who have family members or certain other non-family members employed in the school district will be limited on participation in personnel decisions regarding CSAs, supervisors and principals.