In January, numerous individuals took the oath of office to officially begin their service as a school board member. Potential conflict of interest issues are never ending. On January 3, 2018, the New Jersey School Ethics Commission (“SEC”) issued Advisory Opinion 36-17 which addressed questions pertaining to a newly elected board of education member who is also a current student within the same school district.
The individual in question is an eighteen year old, twelfth grade student currently enrolled in the school district. The individual also serves as the Senior Class President and is a member of the Principal’s Advisory Council. Based on these facts, the SEC explained that the individual’s status as a current student does not by itself limit his involvement in board activities or diminish his status as a board member. To that end, the SEC advised that so long as there is no other conflict under the School Ethics Act, this newly elected board member may engage in the following:
(1) participate in personnel discussions and vote on personnel matters;
(2) participate in collective negotiations with the District’s teachers’ association;
(3) participate in grievance hearings;
(4) serve as a volunteer for school related activities and functions in the same manner as any other Board member;
(5) participate in student suspension/expulsion hearings;
(6) participate in closed session discussions where a particular pupil matter is being discussed;
(7) participate in residency hearings where the Superintendent is seeking removal of a currently enrolled pupil;
(8) vote for class trips, club trips and/or competitions involving student travel for District clubs or activities;
(9) vote for the establishment of new clubs, sports or activities at the high school; and
(10) vote on policies related to pupils or personnel.
However, the SEC emphasized that this board member/student, like any other school board member, must constantly evaluate whether different situations create a conflict of interest that would preclude his participation. For instance, the board member must avoid being involved in matters which would create a personal and direct benefit to him and/or create an unwarranted privilege, advantage or employment to himself, a member of his immediate family or others.
