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Union Endorsement of BOE Candidate Not an Automatic Conflict

October 16, 2018
By Sanmathi (Sanu) Dev, Esq.

An individual served as a board of education member for an initial term. During his candidacy for reelection, the local education association and statewide education association decided to endorse the individual. The individual was reelected. Is this a conflict of interest and a violation of the School Ethics Act? Not necessarily, said the School Ethics Commission (“SEC”) in Advisory Opinion A10-18 issued on June 26, 2018.

The local education association (“LEA”) offered financial support to the individual, which he did not accept. On its own accord, the New Jersey Education Association (“NJEA”) circulated printed material endorsing the individual’s candidacy. The individual serves on the board of education’s negotiations team. He also received notice that the LEA President may file a lawsuit against him.

In its advisory opinion, the SEC explained that a local and/or statewide union’s endorsement of a candidate does not automatically create a future conflict unless  financial contribution is given and is intended to influence the individual in the discharge of his duties as a board member. Legitimate political activity by itself does not violate the School Ethics Act and does not per se create a conflict.

Based on the individual’s circumstances, the SEC found that the board member in question did not have an automatic conflict. The SEC cautioned the board member to not surrender his independent judgment to any special interest group. The SEC also advised that if the LEA President initiates a lawsuit against him, he should recuse himself from any matter related to the LEA.

About the Author:

Sanmathi (Sanu) Dev

Chair, Education Practice


Ms. Dev concentrates her practice on the representation of boards of education and school districts in all areas of education law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act.

In connection with these representations, she is an experienced litigator before State and Federal courts, including the Office of Administrative Law. She routinely defends school districts and employers in a variety of claims involving employee discipline and termination, discrimination, harassment, hostile work environment, leaves of absence, Family and Medical Leave Act, New Jersey Family Leave Act, health and safety, whistleblowing, Americans with Disabilities Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and First Amendment. Ms. Dev is also an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she litigates employment, labor, and civil rights claims before governmental agencies, including the U.S. Equal Employment Opportunity Commission, U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, and New Jersey Division on Civil Rights.

Ms. Dev also serves as labor counsel and chief negotiator on behalf of employers. She negotiates collective bargaining agreements with union leadership and manages contract negotiations with various collective bargaining units. Ms. Dev defends grievances, disputes, and arbitrations related to collective bargaining agreements.

Ms. Dev founded Capehart Scatchard’s Diversity and Inclusion Committee and served as its Chair from 2017 through February 2024. From 2018-2023, she served as the firm’s Hiring Shareholder. Ms. Dev previously served as a judicial law clerk to the Honorable Ronald E. Bookbinder, A.J.S.C. in Burlington County.

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