Ethics and Roles for School Officials

1. Ethics and Roles for School Officials Presented by: NJSBA Field Services

2. School Ethics Act(effective April 1992) LAW LAW

3. The Act established:

4. School Ethics Commission (SEC)

5. SEC Jurisdiction

6. Code of Ethics As we review the Code of Ethics, we will consider the guidance from the SEC in the ruling on this case: • Two board members were found to violate (c), (d), (e), (g), (i), and (j) when they sought on their own to determine whether a staff member was engaging in inappropriate conduct by working simultaneously for another district.

7. Code of Ethics N.J.S.A. 18A:12-24.1 a. I will uphold and enforce all laws, rules and regulations of the State Board of Education, and court orders pertaining to schools. Desired changes shall be brought about only through legal and ethical procedures. Make decisions guided by the law and state and local policy. DON’T bend the rules, ask others to bend the rules, or think that you can accomplish anything as an individual that compromises the legal guidelines established by the board.

8. Code of Ethics (continued) b. I will make decisions in terms of the educational welfare of children and will seek to develop and maintain public schools that meet the individual needs of all children regardless of their ability, race, creed, sex, or social standing. Make decisions in terms of the educational welfare of all children, without regard to distinguishing characteristics. DON’T base your decisions on special interest agendas or strictly on what is best for your own child.

9. Code of Ethics (continued) c. I will confine my board action to policy making, planning, and appraisal, and I will help to frame policies and plans only after the board has consulted those who will be affected by them. DON’T become involved in the administration, organization or implementation of the policy and the goals. That’s the role of the professional educators.

10. Code of Ethics (continued) d. I will carry out my responsibility, not to administer the schools, but, together with my fellow board members, to see that they are well run. Your responsibility is to work as a board – not acting individually – to see that the schools are well run.

11. Consider… • (c) Failed to limit Board action to policy making, planning & appraisal. Did not consult with other Board members to ensure a proper investigation was conducted and instead conducted own investigation, determined guilt, and sought punishment. • (d) Failed to report information received from a constituent to the Superintendent to investigate rather than make a determination on their own. The responsibility to review complaints is part of the day-to-day function of the Superintendent and not within the authority of a Board member to resolve.

12. Code of Ethics (continued) e. I will recognize that authority rests with the board of education and will make no personal promises nor take any private action that may compromise the board. Only the full board has the right to make decisions. DON’T try to resolve issues on your own, or take any private action which may compromise the board.

13. Code of Ethics (continued) f. I will refuse to surrender my independent judgment to special interest or partisan political groups or to use the schools for personal gain or for the gain of friends. DON’T allow your decision-making to be influenced by personal relationships, special interests or political groups.

14. Code of Ethics (continued) g. I will hold confidential all matters pertaining to the schools which, if disclosed, would needlessly injure individuals or the schools.  In all other matters, I will provide accurate information and, in concert with my fellow board members, interpret to the staff the aspirations of the community for its school. You may not discuss executive session information with board members who are conflicted; your spouse, domestic partner, family, friends or anyone not seated on your board. Ensure the board keeps the community informed on the progress and needs of the district.

15. Consider… • (e) Took action beyond scope of authority. Board as whole accepted investigation results that nothing untoward occurred. These two members brought their baseless accusations to the County Prosecutor. Should avoid independent action that has the potential to compromise the Board. • (g) Provided false information and false impressions to public about Board’s handling of confidential personnel matter that led public to believe some criminality had occurred and that Administration dealt with it inappropriately.

16. Code of Ethics (continued) h. I will vote to appoint the best qualified personnel available after consideration of the recommendation of the chief administrative officer. Consider the recommendation of the CSA on all matters pertaining to education. DON’T undermine a decision of the board. (18A:27-4.1)

17. Code of Ethics (continued) i. I will support and protect school personnel in proper performance of their duties. DON’T violate the chain of command or publicly criticize staff members.

18. Code of Ethics (continued) j. I will refer all complaints to the chief administrative officer and will act on the complaints at public meetings only after failure of an administrative solution. Refer all complaints to the superintendent. DON’T make any promises to “help” or act on citizen complaints – you have no authority to act until issues reach the board level after failure of an administrative solution.

19. Consider… • (i) Took deliberate action that undermined and compromised school personnel in the proper performance of their duties. Without evidence, accused school employee, and to some degree the superintendent, of criminal conduct. • (j) Attempted to resolve a constituent’s complaint prior to referral to the Superintendent and prior to the failure of the Administration to fashion a solution. Penalty - Censure

20. Conflicts of Interest- N.J.S.A.18A: 12-24 Recuse yourself if there is a benefit to you as a school official or your immediate family, due to a: No Vote No Discussion

21. Conflicts of Interest – Consider… • 3 Board members employed by their home city voted to appoint a city councilman as Assistant Superintendent. • Board members discussed and voted to approve a settlement agreement to dismiss ethics charges against each other. • Board member insinuated herself in the hiring of an acquaintance for a Buildings & Grounds position by putting pressure on the supervisor to interview this person. • Board member voted to reappoint an auditing firm where his business partner is a principal. (c) (Reprimand) (c) (Suspension - 60 days) (b) (Censure) (c) (Reprimand)

22. Who Qualifies as a Relative? Accountability Regulation Definition* * Whether related to school official or spouse/partner by blood, marriage or adoption.

23. Hiring/Personnel • Since 2008 - may not hire relative of Board member or CSA (prior hires grandfathered) • Administrators may not have direct or indirect authority over relative. Board members with relative working indistrictmay not be involved in: • Hiring, evaluation, and contract discussions of CSA. • Employment matters of supervisors in chain of command between CSA and relative.

24. Collective BargainingA24-17 * Absent another conflict **After Memorandum of Agreement, salary guides, total compensation package attained.

25. Doctrine of NecessityA19-17

26. Volunteerism - A15-18 • Generally, Board members may volunteer for activities that support their children, including PTA president. • Members should refrain from certain activities based on the degree of involvement with students/staff and the degree to which the member has authority to give and receive directions/orders to staff.  • Board members who volunteer in the schools should advise the superintendent and relevant staff. Violation Acceptable • One-time, infrequent, non-executive in-district volunteer activities, e.g. reading on Dr. Seuss day • Supervision, management and direction of school personnel or students and/or funds • Regular contact with students, parents and staff • Volunteer activities in outside organizations that are self-governing, independent of board member’s role and board of education oversight • Active day-to-day presence – • “enmeshed in the building” • e.g. -- volunteer coaches, volunteer club advisors, volunteer playground aides

27. Interview Committees

28. Roles Board High-level view as seen through telescope Administration Up-close detailed view as seen through microscope WHAT HOW

29. Essential Roles Taken from The School Board Fieldbook

30. LET THERE BE LIGHT! How many board members does it take to screw in a light bulb?

31. … None • It is up to the Board to say “let there be light.” • It is up to the Superintendent to decide if it will be incandescent, florescent, candle, solar, etc. • Then it is up to the Board to approve the purchase of the light bulbs and evaluate the quality of light.

32. Functions of the Board of Education

33. Role as an Individual • As an individual you have no legal status other than that of any other citizen, except when sitting with the majority of the board at a legally constituted meeting. • You cannot make decisions for the board, speak for the board, or take actions for the board (unless board authorized you to). • Recognize importance of the Chain of Command.

34. Role of the Superintendent

35. Board/Superintendent Relationship

36. Micromanagement or your Role? • In response to a neighbor’s concern about a new program, the board member emails the superintendent and asks what will be done to correct it. • A board member brings a policy suggestion to the meeting for full board discussion. • A Board member asks the superintendent to prepare a report on the math scores in each grade. • A Board member receives an email from a parent about a facilities issue and promises to look into it. Micromanagement Role Micromanagement Micromanagement

37. Summary • 4 Functions: Policy, Planning, Oversight & Appraisal, and Two-Way Communication • Respect the “What” and the “How” • Board of Education – a Team Sport! • Communicate, communicate, communicate