New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 23A - FISCAL ACCOUNTABILITY, EFFICIENCY AND BUDGETING PROCEDURES
Subchapter 22 - FINANCIAL OPERATIONS OF CHARTER SCHOOLS
Section 6A:23A-22.10 - Nepotism policy

1. A definition of "relative" that is consistent with 52:13D-21.2 and 6A:23A-1.2 and a definition of "immediate family member" that is consistent with 52:13D-13 and N.J.A.C. 6A:23A-1.2;

2. A provision prohibiting any relative of a board member, lead person, or chief school administrator from being employed in an office or position in the charter school except that a person employed or to be promoted by the charter school on the effective date of the policy or the date a relative becomes a board member or chief school administrator shall not be prohibited from continuing to be employed or to be promoted in the school, and a charter school may employ a relative of a board member, lead person, or chief school administrator provided the charter school has obtained approval from the executive county superintendent of schools. Such approval shall be granted only upon demonstration by the charter school that it conducted a thorough search for candidates and the proposed candidate is the only qualified and available person for the position;

3. A provision prohibiting the chief school administrator/lead person from recommending to the board, pursuant to N.J.S.A. 18A:12-21 through 34, any relative of a board member or chief school administrator/lead person unless the person is subject to the exception of (a)2 above;

4. A provision prohibiting a charter school administrator from exercising direct or indirect authority, supervision, or control over a relative of the administrator. Where it is not feasible to eliminate such a direct or indirect supervisory relationship, appropriate screens and/or alternative supervision and reporting mechanisms must be in place;

5. A provision prohibiting a charter school administrator or board member who has a relative who is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team; nor should that charter school administrator be present with the school board in closed session when negotiation strategies are being discussed; provided, however, the administrator may serve as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the charter school can provide such information; and

6. A provision prohibiting a charter school administrator who has an immediate family member who is a member of the same Statewide union in a school district or another charter school from participating in any way in negotiations, including, but not limited to, being a member of the negotiating team or being present with the board in closed sessions when negotiation strategies are being discussed, prior to the board attaining a tentative memorandum of agreement with the bargaining unit that includes a salary guide and total compensation package; once the tentative memorandum of agreement is established, a charter school administrator with an immediate family member who is a member of the same Statewide union in a school district or another charter school may fully participate in the process, absent other conflicts. Notwithstanding the above in this paragraph, a charter school administrator who has an immediate family member who is a member of the same Statewide union in another charter school may service as a technical resource to the negotiating team and may provide technical information necessary to the collective bargaining process when no one else in the charter school can provide such information.