Transcript BARGAINING TACTICS AND TECHNIQUES

NJASBO
53rd Annual Conference
The Borgata, Atlantic City
June 3, 2015
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The New School Ethics
Commission Advisory Opinions Voting Changes for Your Board
School Official Ethics
School Ethics Commission
Emerging Issues
• 36 Public Advisory Opinions Issued
January 9, 2015
• First Public Advisory Opinions since
2012
• School Ethics Commission – six of
nine member votes
School Official Ethics
• School Ethics Act -N.J.S.A. 18A:1221
• Nepotism Regulation
N.J.A.C. 6A:23A-6.2
• N.J.S.A. 18A:12-2 – Conflict of
Interest
Collective Negotiations
Participation
Collective Negotiations Participation
"Relative" - individual's spouse, civil union
partner … domestic partner…, or the parent,
child, sibling, aunt, uncle, niece, nephew,
grandparent, grandchild, son-in-law, daughterin-law, stepparent, stepchild, stepbrother,
stepsister, half-brother or half-sister, of the
individual or of the individual’s spouse, civil
union partner or domestic partner, whether the
relative is related to the individual or the
individual’s spouse, civil union partner or
domestic partner by blood, marriage or
adoption.
Collective Negotiations Participation
Immediate Family Member
• N.J.A.C. 6A:23A-1.2 - spouse,
civil union partner, domestic partner,
or dependent child residing in
household
• State Conflict of Interest Law – spouse,
child, parent, sibling residing in
household
Collective Negotiations Participation
Board Member or School Administrator
with a family member or “other” who is an
employee in the school district
• in the bargaining unit of the contract under
negotiations
• supervised by employees in the unit
• not in the unit, but terms of employment linked
to unit, or
• board member’s endorsement by the union in
election immediately preceding negotiations
CANNOT SERVE ON NEGOTIATIONS TEAM OR
PARTICIPATE IN PLANNING OF NEGOTIATIONS
CANNOT VOTE ON THE CONTRACT
Collective Negotiations Participation
Board Member or School Administrator
with a family member or “other” who is an
employee in the school district
“Family Member or ‘Other’” includes
• “Relatives”
• “Familial relationships”
• “Others”
Collective Negotiations Participation
School Ethics Commission
Advisory Opinions Emerging Issues
N.J.S.A. 18A:12-24 (b)
No school official shall use or attempt to
use his official position to secure
unwarranted privileges, advantages or
employment for himself, members of his
immediate family or others.
Collective Negotiations Participation
N.J.S.A. 18A:12-24 (b) “Others”
In-District
•
•
•
•
•
A03-13 – Brother-in-law
A22-13 – Father-in-law
A10-14 – Cousin
A15-13 - Cohabitating partner
A19-13 - Teacher town council member,
board members municipal employees
Collective Negotiations Participation
Board Member or School Administrator
with a family member or “other” who is
an employee in another school district
• If the Board Member is employed in another
district and is a member of a bargaining unit
represented by a similar state-wide union, or
• If the family member or “other” is employed in
another district and is a member of a bargaining
unit represented by a similar state-wide union
CANNOT SERVE ON NEGOTIATIONS TEAM
CANNOT PARTICIPATE IN ANY ASPECT OF
NEGOTIATIONS
BUT CAN VOTE ON THE CONTRACT - $
Collective Negotiations Participation
Board Member or School Administrator
with a family member or “other” who is
an employee in another school district
“Family member or “other” who is
employed in another school district”
includes:
• “Relatives”
• “Immediate family members”
• “Others”
Collective Negotiations Participation
N.J.S.A. 18A:12-24 (b) “Others”
Out-of-District
•
A43-14 - CSA with non-dependent daughter in
household, para-professional in outside district;
agency shop fee; daughter is an “other.”
•
A03-15 – Board member with sister-in-law ,who is
NJEA member in another school district, cannot
participate in any matter touching upon negotiations
with the local education association.
Collective Negotiations Participation
School Ethics Commission
Advisory Opinions Emerging Issues
NJEA – Out of District
• A13-13 - Board member employee in special
services school district – NJEA member
• A13-13 - Board member NJEA field
representative
Collective Negotiations Participation
School Ethics Commission
Advisory Opinions Emerging Issues
NJEA – Out of District
• A09-14 - NJSFT/AFT similar to NJEA – share
common traits and common goals
• A34-14 - Board member 26 year NJEA
member, 20 year union president, retired
NJEA employee; receives NJEA health
benefits
Personnel Issues
CSA/Supervisor/Principal
Personnel Issues
CSA/Supervisor/Principal
• Board members may not participate in
the hiring of the CSA if they have a
family member or “other” who is an
employee working in the school district.
• Martinez v. Abolino, SEC 6/7/12 –
internal, external candidates
Personnel Issues
CSA/Supervisor/Principal
• Board members may not participate in
the hiring a new supervisor or principal
if they have a family member or “other”
who is an employee in the school
district who would be directly or
indirectly supervised by the new
hire….and there are internal candidates.
Personnel Issues
CSA/Supervisor/Principal
• Board members may not participate in
any personnel decisions involving a
CSA, principal, or supervisor who
directly or indirectly supervises the
board member’s family member or
“other” who is employed in the school
district.
Personnel Issues
CSA/Supervisor/Principal
Search, Pre-Hire, Post-Hire Board
Functions/Personnel Discussions and
Votes
“Family member or ‘other’” includes:
• “Relatives”
School Ethics Act definition;
spouse, child, parent, sibling
• “Others”
• “Substitutes”
Personnel Issues
CSA/Supervisor/Principal
N.J.S.A. 18A:12-24 (b) “Others”
In-District
•
•
•
•
A03-13 – Brother-in-law
A15-13 - Cohabitating partner
A22-13 – Father-in-law
A08-14 – Stepdaughter, Stepdaughter-in-law,
nephew
• A10-14 – Cousin
Personnel Issues
CSA/Supervisor/Principal
“Substitutes” and…
• A25-14 - Board member’s spouse paraprofessional or substitute para-professional
• A30-14 – Board member’s son, student
summer worker, spouse per diem substitute
• A24-14 – If conflicted, no participation in any
part of vetting process for CSA; no search
committee, no vote on firm that will conduct
the search
Personnel Issues
CSA/Supervisor/Principal
• A05-15 – Board members with spouse, board
member with brother employed in district; no
vote on motion to advertise for CSA, hiring of
selection agency, criteria, job description,
search committee, evaluation and contract
discussions post-hire, no closed session
attendance, not privy to closed session
minutes until public.
Personnel Issues
CSA/Supervisor/Principal
• AO2-13 – Board members involved in
litigation; CSA party to complaint, CSA
provided information leading to criminal
charges against board member’s child, CSA
complaining witness in criminal complaint
filed against board member. Post-conclusion
• AO6-14 – Board member in constituent
district, teacher in regional district;
Supervisor board member in constituent
district. CSA, Board President
Shared Services
• AO6-13 – Board member in constituent
school district, part-time coach in limited
purpose regional school district
No participation in discussion/vote on
proposed shared CSA agreement
May not continue in both positions
Shared Services
• A11-13 – Board member in constituent school
district, which shares CSA with regional
school district. Board member seeking
employment in regional district. If successful,
must relinquish seat on constituent board.
• A10-14 – Board member, whose spouse is the
mayor, cannot serve on the board’s shared
services committee; sharing of resources and
personnel.
Collective Negotiations Participation
Doctrine of Necessity
•
•
•
•
A quorum of the board is in conflict
There is a pressing public need for action
No alternative forum which can grant relief
Body is unable to act without the conflicted
members taking part
Allen v. Toms River Regional Board of Education
233 N.J. Super. 642 (Law Div. 1989)
Collective Negotiations Participation
School Ethics Commission Resolution on
Adopting the Doctrine of Necessity
February 25, 2003
• Board states publicly that it is invoking the
doctrine, the reason for doing so and the
specific nature of the conflicts of interest.
• Board reads the resolution at a regularly
scheduled public meeting, post the notice for
30 days and provide the SEC with a copy.
Collective Negotiations Participation
Doctrine of Necessity
Common Areas of Application
•
•
•
•
Voting on collective bargaining agreement
Participating on negotiations team
Superintendent search
Superintendent evaluation
Vineland Board of Education
SEC Decision, Commissioner Decision
Doctrine of Necessity
• A11-14 – Four non-conflicted board members
sufficient to conduct evaluation of the
superintendent.
• A23-14 – Three non-conflicted board
members sufficient to conduct final
interviews for superintendent position.
Miscellaneous
• A32-14 – Board member may not volunteer in
school theater productions when spouse is
teacher and theater advisor. Spouse would be
supervising, directing and managing board
member. Contact with students, parents and
staff would be inconsistent with board
member role.
• A36-14 – Board member may endorse board
candidates provided endorsement is as
private citizen and not as board member or
board. Electronic or social media.
Miscellaneous
• A38-14 - Board member may donate funds
(capital improvement and technology) to
district so long as no benefit, no control over
funds. May not use donation to advocate for
reappointment to board.
• A13-14 – Board member, freelance journalist,
reports on town and school events such as
games, teams, band, award nights, fund
raisers. No reporting on board discussions or
issues; no confidential information
Miscellaneous
• A01-15 – Boards of education may, by policy,
establish committees to conduct interviews
for positions other than superintendent or
school business administrator. In sendingreceiving relationships, sending district
representatives may not be committee
members for positions other than for the
high school.
A15-10 – Exit Interviews
N.J.S.A. 18A:12-24.1 (c) – “not to administer…”
N.J.S.A. 18A:27-4.1 – CSA recommendation
QUESTIONS