Board gets refresher on School Ethics Act, advisory opinions and penalties

The Wall Township Board of Education received a mandated ethics presentation from Dr. Tim Tehan, field representative for the New Jersey School Boards Association, during a special meeting on Aug. 7, 2025. The training summarized the School Ethics Act, annual financial-disclosure requirements and the role of advisory opinions and complaints handled by the School Ethics Commission.

Tehan told board members the presentation was informational, not legal counsel. "It's not a legal opinion. It's not legal advice," he said, and urged board members to consult the board attorney before taking actions they suspect might raise ethics questions. He outlined that every board member must file an annual financial-disclosure statement by April 30 and that new members have 30 days (if appointed midterm) or 90 days for certain governance training requirements depending on when they are sworn in.

The presentation summarized how and when advisory opinions from the School Ethics Commission may be requested and published, and the practical effect of those opinions. Tehan explained that advisory opinions, while called "advisory," carry weight in subsequent complaints: when an advisory opinion already addresses a situation and an ethics complaint is later filed, the commission will consider that prior guidance when deciding whether a violation occurred. "You pretty much do" have to heed published advisory opinions, he said.

Tehan reviewed common complaint outcomes the commission can impose: a private reprimand, public censure adopted by the local board, suspension for a set period, or removal. He warned that recent removals have sometimes followed failures to complete required governance training. He also described the process and time limits for filing complaints (180 days from the alleged conduct), the 30-day response window for respondents, and the four-part test used when a board member claims reliance on counsel as a defense.

The presentation covered frequent ethics topics illustrated by published advisory opinions: limits on board members reviewing all candidate resumes when those items stem from superintendent recommendations; conflicts of interest when relatives work in the district and when that requires recusal from negotiations or votes; how endorsements and campaign contributions can affect a member's ability to participate in certain matters for a period; restrictions on discussing executive-session matters; and social-media pitfalls, including that a disclaimer does not immunize content that otherwise raises ethics concerns.

Tehan recommended seeking an advisory opinion or contacting the board attorney when in doubt, and he noted the School Ethics Commission can publish advisory opinions only when at least six commission members vote to make them public. He also encouraged board members to complete required Governance 1–4 trainings on the schedule set by the commission and related county requirements.

The meeting continued with other agenda items after the training.