NJASA Legal Department Research Services - August 2017

Through its advisory opinions and decisions, the School Ethics Commission (SEC) has continued to develop its definition of conflict of interest within the context of negotiations, board member responsibilities, and governance. It also continues to provide guidance on issues such as the role of board members in the employee interview process. This Administrative Guide will provide an update on the School Ethics Act.

In addition, School News Briefs reviews three new cases one in which the Commissioner dismissed the petitions of a Board Member and the Association, challenging the renewal of the Superintendent’s Employment Contract, finding that the contract renewed by operation of law.

The August 2017 Impact on Negotiations reviews three cases including one in which the New Jersey Supreme Court held that, even in the face of a fiscal crisis, a board of education cannot unilaterally impose unpaid furlough days on teaching staff, in the absence of regulatory authorization.

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