New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES › Subchapter 6 - CONDITIONS FOR THE RECEIPT OF STATE AID › Section 6A:23A-6.2 - Nepotism policy

Current through Register Vol. 56, No. 14, July 15, 2024
(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.