THE TRUSTEE’S ROLE IN PERSONNEL EMPLOYEE HIRING, RENEWALS AND TENURE

1. THE TRUSTEE’S ROLE IN PERSONNELEMPLOYEE HIRING, RENEWALS AND TENURE NJSBA’S Charter School Bootcamp Mercer County Community College April 12, 2016

2. “The quality of a teacher in front of the classroom is the most important in-school factor affecting student achievement.”

3. New Jersey School Boards Association – Serving Local Boards of Education Since 1914 75%

4. Personnel IssuesHiring and Renewals • Lead person may not recommend, nor the board of trustees approve, initial hiring of “relatives” of any board trustee or the lead person. • N.J.A.C. 6A:23A-22.10 Nepotism Regs • Does not apply to renewals, transfers, promotions, stipend appointments

5. Who is a “Relative?” Individual's spouse, civil union partner … domestic partner…, or the parent, child, sibling, 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

6. Personnel Issues Lead Person/Supervisor/Principal Board trustees may not participate in the hiring of a new Lead Person, supervisor or principal, if they have a “relative” or “other” who is an employee in the charter school who would be directly or indirectly supervised by the new hire.

7. Personnel Issues Lead Person/Supervisor/Principal Board trustees may not participate in any personnel decisions involving a lead person, principal, or supervisor who directly or indirectly supervises the trustee’s “relative” or “other” who is employed the in the charter school.

8. Collective Negotiations Participation School Ethics Commission 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.

9. Personnel Issues Lead Person/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District • A03-13 – Brother-in-law • A15-13 - Cohabitating partner, A10-14 – 1st Cousin • A22-13 – Father-in-law • A08-14 – Stepdaughter, Stepdaughter-in-law, nephew • A16-15 – Daughter, Wife, Aunt, “Relative” • A19-15 – Niece, Spouse’s Uncle, Son, 1st Cousin • A25-15 – Spouse, paraprofessional

10. Personnel Issues Lead Person/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District • A05-15 – Board members with spouse, board member with brother employed in district; novote on motion to advertise for lead person, 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.

11. Personnel Issues Lead Person/Supervisor/Principal N.J.S.A. 18A:12-24 (b) “Others” In-District • A19-15 – Board members with nieces, spouse’s uncle, full time employees and son, full-time student, part-time summer substitute, as “relatives” are “others”; may not participate in any matter involving the relative’s employment or supervision including employment matters with superintendent (lead person) and supervising administrators. Reaffirm A10-14 1st Cousin – Other Spouse’s cousin’s daughter – no conflict See A25-14, A30-14, A25-15

12. Personnel IssuesHiring and Renewals N.J.S.A. 18A:27-4.1 • Lead person recommendation • Roll call majority vote of full board • May not withhold approval of Lead Person recommendation for arbitrary and capricious reasons

13. 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)

14. 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.

15. Collective Negotiations Participation Doctrine of Necessity Common Areas of Application Voting on collective bargaining agreement Participating on negotiations team Superintendent search Superintendent evaluation Vineland SEC, Commissioner Decisions A05-14, A11-14, A23-14, A24-14, A08-15

16. Personnel IssuesHiring and Renewals School Ethics Act N.J.S.A. 18A:12-24.1(h) I will vote to appoint the best qualified personnel available after consideration of the recommendation of the chief administrative officer.

17. Tenure Acquisition Streamline Tenure • Tenure acquisition process for all charter school teaching staff members, janitors and secretaries • May be newly employed in a charter school or on leave from a district board of education. • Charter school streamline tenure acquired after five consecutive full academic years of effective employment. 6/30/13

18. Tenure Acquisition Streamline Tenure • In accordance with DOE approved evaluation system adopted by each charter school. • Shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming.

19. Tenure Dismissal N.J.A.C. 6A:11-6.3 • Board of Trustees Policy • Employee - written notice; opportunity to respond (15 work days) • Employee may request a hearing before the board of trustees • May be represented by legal counsel

20. Tenure Dismissal N.J.A.C. 6A:11-6.3 • May produce witnesses, may cross-examine board’s witnesses • Burden of proof on the party issuing the charges – preponderance of competent and credible evidence • Hearing completed 30 days after receipt of employee’s response.

21. Tenure Dismissal Appeal N.J.A.C. 6A:11-6.4 • Appeal to Commissioner – 15 days after board of trustees’ decision • Board of Trustees – 10 days to respond • Commissioner decision within 45 days • Appealable to New Jersey Superior Court

22. Personnel IssuesRenewal and Non-Renewal of Staff N.J.S.A. 18A:27-10, 10.2 Certificated Staff & Paraprofessionals employed since the preceding September 30 must be provided a written offer of employment or a notice of non-renewal by May 15. Non-certificated staff– no statutory deadline for notice—see contract, policy, collective bargaining agreement

23. Personnel IssuesRenewal and Non-Renewal of Staff N.J.S.A. 18A:27-4.1 • Renewal – Lead person recommendation, roll call majority vote of full board, no withholding of approval for arbitrary and capricious reasons • Non-renewal – Lead person determines, notifies board of recommendation prior to notifying employee; no vote

24. Personnel Issues Renewal and Non-renewal of Staff If I want to review the evaluations and performance history of a staff member who the Lead Person recommended for renewal, do I have a right to see it?

25. Personnel IssuesRenewal and Non-Renewal of Staff • Qualified “Yes”; Information necessary to make an informed decision. • Generally accessed through the Lead Person • Horner v. Kingsway Regional 5/1/90 • Beatty v. Chester 8/31/99 • Ciambrone v. Bloomingdale 5/7/00

26. Personnel IssuesRenewal and Non-Renewal of Staff Rights of Non-Renewed Staff • Statement of Reasons N.J.S.A. 18A:27-3.2 • Informal Appearance Before the Board N.J.S.A. 18A:27-4.1, N.J.A.C. 6A:10-8.1 • Post- Appearance Board Actions Not Vote, Vote, Notification to employee within 3 days • Appeal – Commissioner, Arbitration

27. QUESTIONS