A3043 ACS

Sponsored by:

Assemblyman PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman JOSEPH CRYAN

District 20 (Union)

Assemblywoman SANDRA LOVE

District 4 (Camden and Gloucester)

Co-Sponsored by:

Assemblywoman Jasey, Assemblymen Ramos, Albano, Milam, Assemblywoman Greenstein and Assemblyman Schaer

SYNOPSIS

Requires the adoption of nepotism policies by school districts and charter schools.

CURRENT VERSION OF TEXT

Substitute as adopted by the Assembly Education Committee.

An Act concerning nepotism policies of school districts and charter schools and supplementing chapter 12 and chapter 36A of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this act, "relative" means an individual's spouse, partner in a civil union as defined pursuant to section 2 of P.L.2006, c.103 (C.37:1-33), domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), or the parent, child, brother, sister, 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, 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.

b. As a condition of receiving State aid, the board of education of a school district or county vocational school district shall adopt and implement a nepotism policy. The nepotism policy shall include, but need not be limited to:

(1) a provision prohibiting any relative of a school board member or chief school administrator from being employed in an office or position in the district; except that a person employed by the district on the effective date of the policy or the date a relative becomes a school board member or administrator shall not be prohibited from continuing to be employed in the person's current position or, in the case of a reduction in force, in any position to which the person has a legal entitlement. The policy may also provide that the district may seek approval from the executive county superintendent of schools to promote such an existing employee where the promotion is justified by the needs of the district to ensure implementation of the core curriculum content standards and upon a demonstration that the existing employee is the most qualified candidate for the position after full advertising and interviewing has occurred;

(2) a provision prohibiting the chief school administrator from recommending to the school board pursuant to section 1 of P.L.1995, c.125 (C.18A:27-4.1) any relative of a school board member or chief school administrator unless the person is subject to the exception pursuant to paragraph (1) of this subsection;

(3) a provision prohibiting a district administrator from supervising, or exercising authority with regard to personnel actions over a relative of the administrator;

(4) a provision prohibiting a district administrator who has an immediate family member 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 shall the district administrator be present with the school board in closed session when negotiation strategies are being discussed; and

(5) a provision prohibiting a district administrator who has an immediate family member who is a member of the same Statewide union in another 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 school board in closed sessions when negotiation strategies are being discussed, prior to the school board attaining a tentative memorandum of agreement with the bargaining unit. Once the tentative memorandum of agreement is established, a district administrator with an immediate family member who is a member of the same Statewide union in another district may fully participate in the process, absent other conflicts.

2. The board of trustees of a charter school shall adopt and implement a nepotism policy. The policy shall comply with the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and apply to members of the board of trustees and administrators of the charter school.

3. This act shall take effect immediately.