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NJSBA field representative briefs Ocean City board on school ethics, recusals and social media
Summary
Michelle Kennedy of the New Jersey School Boards Association gave a detailed overview of the School Ethics Act, mandatory training timelines, conflict-of-interest rules, advisory opinions and guidance on social media use and volunteering for board members.
Michelle Kennedy, field representative for the New Jersey School Boards Association, told the Ocean City Board of Education on the evening of the meeting that the School Ethics Act exists to preserve public confidence and that board members should seek counsel before acting on matters that could create perceived conflicts.
Kennedy said the ethics law "came into law in 1991" and emphasized board members’ obligations: "it's the responsibility of all of you to hold the respect and the confidence of your constituents." She advised members who are unsure about a future action to "please consult with your school solicitor" and noted the School Ethics Commission issues advisory opinions in advance when requested.
The presentation summarized several recurring compliance topics. Kennedy set out mandatory training deadlines for new board members: governance training (Gov 1) within 90 days of being sworn in, Gov 2 by the end of the second year, and additional modules (student achievement, labor, and ongoing legal updates) in subsequent years. She said financial disclosure statements are due within 30 days for new officials and by April 30 for returning officials.
Kennedy reviewed the School Ethics Commission’s composition and its enforcement options — reprimand, censure (adopted by resolution and publicized), suspension, and removal — and described the commission’s process for advisory opinions and complaints, including the 180-day window to file an ethics complaint.
She described the difference between a legal recusal and an abstention: a recusal is required when a conflict exists and removes a member from both discussion and vote; an abstention may reflect lack of information. Kennedy also reviewed prohibited acts and the broad definition of "benefit," including direct and indirect financial and other advantages, and cited advisory opinions addressing hiring, negotiations and committee assignments when relatives work in the district.
On social media and volunteering, Kennedy warned that the School Ethics Commission evaluates the content, substance and context of posts and that serving as an administrator of a social media page can carry responsibility for its content. She encouraged board members who plan to volunteer in schools to discuss scope and authority with the superintendent and outside counsel to avoid violating codes limiting board involvement in administration.
Board members asked procedural questions during a brief Q&A about training options, advisory opinion resources and volunteer roles. Kennedy pointed attendees to advisory opinions by the School Ethics Commission for detailed examples and to the NJSBA website for training schedules and links.
Kennedy closed by reiterating that advisory opinions and counsel are available: "If you find yourself in need of help for any ethical situations, your school solicitor will be there to help you along the way."
