SENATE, No. 1791

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 23, 1997

 

 

By Senators CIESLA and PALAIA

 

 

An Act concerning the standards of ethical conduct for members of local school boards and amending P.L.1991, c.393.

 

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

 

    1. Section 4 of P.L.1991, c.393 (C.18A:12-24) is amended to read as follows:

    4. a. No school official or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest;

    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;

    c. No school official shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;

    d. No school official shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;

    e. No school official, or member of his immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, if the school official has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the school official in the discharge of his official duties;

    f. No school official shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated;

    g. No school official or business organization in which he has an interest shall represent any person or party other than the school board or school district in connection with any cause, proceeding, application or other matter pending before the school district in which he serves or in any proceeding involving the school district in which he serves or, for officers or employees of the New Jersey School Boards Association, any school district. This provision shall not be deemed to prohibit representation within the context of official labor union or similar representational responsibilities;

    h. No school official shall be deemed in conflict with these provisions if, by reason of his participation in any matter required to be voted upon, no material or monetary gain accrues to him as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of that business, profession, occupation or group;            i. No elected member shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the member or a member of his immediate family, whether directly or indirectly, in return therefor;

    j. Nothing shall prohibit any school official, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests; [and]

    k. Employees of the New Jersey School Boards Association shall not be precluded from providing assistance, in the normal course of their duties, to boards of education in the negotiation of a collective bargaining agreement regardless of whether a member of their immediate family is a member of, or covered by, a collective bargaining agreement negotiated by a Statewide union with which a board of education is negotiating; and

    l. No board member shall be deemed in conflict with these provisions if the member participates in negotiations or votes on a collective bargaining agreement for a local bargaining unit of a Statewide union to which the member or an immediate family member belongs, provided that the member has reason to believe that he will not derive any direct monetary gain from the negotiations or vote.

(cf: P.L.1995, c.14, s.2)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill amends a provision of the "School Ethics Act," P.L.1991, c.393 (C.18A:12-21 et seq.) to permit members of local boards of education to participate in negotiations or vote on a collective bargaining agreement for a local bargaining unit of a Statewide union to which the member or an immediate family member belong. The member, however, would only be able to participate in negotiations or vote on a collective bargaining agreement if the member would have reason to believe that he would not derive any direct monetary gain from the activity.

 

 

                             

Allows school board members to negotiate and vote on certain collective bargaining agreements without violating ethics standards.