New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS › Section 6A:23A-22.10 - Nepotism policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As a condition of receiving charter
				school aid, charter school board of trustees shall implement the nepotism
				policy established by this subsection. The nepotism policy 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 board 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 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 may employ a
				relative of a board member, lead person, or chief school administrator provided
				the charter school has obtained approval from the executive county
				superintendent of schools. 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, pursuant to
				N.J.S.A.
				18A:12-21 through 34, any relative of a board
				member or chief school administrator/lead person unless the person is subject
				to the exception of (a)2 above;
4.
				A provision prohibiting a charter school 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
				administrator or board 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 that charter school administrator be present with the school board 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 charter school can provide such
				information; and
6. A provision
				prohibiting a charter school administrator who has an immediate family member
				who is a member of the same Statewide union in a school district or another
				charter school 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 in closed sessions when negotiation strategies are being discussed,
				prior to the board 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
				administrator with an immediate family member who is a member of the same
				Statewide union in a school district or another charter school may fully
				participate in the process, absent other conflicts. Notwithstanding the above
				in this paragraph, a charter school administrator who has an immediate family
				member who is a member of the same Statewide union in another charter school
				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 can provide such information.