Attorney gives board a primer on school board ethics, conflicts and volunteer limits
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Summary
Attorney Aaron Mandel gave a 50-minute presentation on board member ethics, covering conflicts of interest, confidentiality, the limits of individual board authority, volunteer roles and social media guidance.
Aaron Mandel, filling in for Ari Schneider, gave a detailed presentation to the Washington Township School District Board of Education on board member ethics, emphasizing what individual members may and may not do and how the law evaluates conflicts of interest.
Mandel told the board the role of a member is largely policymaking and oversight, not daily administration, saying, "the board member's job is not to run the district but to see that it is run well." He reviewed confidentiality rules for executive session material and how Open Public Records Act (OPRA) obligations can change whether material remains confidential.
Mandel walked the board through the School Ethics Act provisions he referenced by citation (18A:12-24 and 18A:12-24.1), focusing on the appearance-of-conflict standard. "We're going to judge it by how it appears to a reasonable observer," he said, describing how votes that benefit a relative or close associate can create an actionable appearance of impropriety even if the board member believes the vote is justified.
He explained typical problem areas: personal advocacy for a child or relative, volunteering inside a building in ways that require daily staff interaction, and social media posts that could be read as representing the board unless the speaker includes a clear disclaimer. Mandel said the School Ethics Commission has permitted some PTO involvement (for example, PTO president roles may be permissible if the board member recuses where necessary) but cautioned that being a building liaison or directing a school play could create an improper appearance of involvement with day-to-day operations.
Mandel closed by saying enforcement can range from censure to removal from office and that board members with specific concerns should consult him or Ari Schneider for tailored advice. "If you have any questions as a board member about ... potential conflict, the best thing to do is come and talk to me or come to talk to Ari," he said.
