Parents' Educational Network of Nutley (PENN)

To Prepare Our Students For The Competitive Road Ahead

Home

Why PENN?

Join PENN

PENN Facebook

Candidate Vicky Flynn

Candidate Kevin Georgetti

Candidate Lisa Martin

Candidate Fred Scalera

Printable PENN Flyer

Nutley BOE

2011 BOE News

NJ School Ethics

Past BOE Election Results

Voter Stats

BOE FAQ

BOE Questions

Articles

NJ School Boards Assoc.

Register to Vote

Vote By Mail

BOE Legal Decisions

BOE 2010-2011 Budget

PENN Candidates Eval 2010

Candidates - RFI 2010

Nutley Test Results 2009


Send us your questions about the BOE:
questions@nutleypenn.org.  We'll research them and post the answers here.
 

Also, please see our BOE FAQ page. 


12/24/2009 - Update

Did the person that the BOE has appointed to the interim board administrator position come from the same position in Kearny?  Why did she leave her position in Kearny?

Yes, the Board of Educations's choice as interim board administrator, Karen Yeamans, comes from Kearny, where she served as board administrator/secretary since 2006. 

We are continuing to research the question of why Ms. Yeamans left her permanent position in Kearny to accept an interim position in Nutley. 

Please see the realated article in our BOE News section.
 

12/3/2009 - Update

Does the Nutley Teachers Union formally or informally endorse BOE candidates?

The New Jersey Education Association (NJEA) informed us during a telephone conversation that they have no formal policy regarding this question and that they defer to the local unions.  For further confirmation we were told to speak with Rosemary Knab at the NJEA.  Ms. Knab called back to say that after an exhaustive search of their policy database that she could confirm that the NJEA has no policy regarding local unions endorsing BOE candidates. 

12/3/2009 - Update

Other school districts in NJ have recently added a merit based pay system for its administrators. Is this something that could be looked into as the administrations contract negotiations are coming up?

Merit pay is seen in some administrators' contracts, but we do not track how common it is or how it is typically structured. For instance, what might be “merit pay” in one person’s eyes might be considered a “bonus” in another’s, particularly if the merit pay is given on top of a predetermined pay increase. In other cases, the merit pay may be given only if the administrator meets predetermined, mutually agreed-upon benchmarks. Ultimately, it’s up to the language in the contract to specify how merit pay will be handled, if at all.

Recent state Department of Education regulations require the department’s Executive County Superintendents to review the superintendent’s contract. One of the regulations states:

“No provision for a bonus shall be made except where payment is contingent upon achievement of measurable specific performance objectives expressly contained in a contract approved pursuant to this section, where compensation is deemed reasonable relative to the established performance objectives and achievement of the performance objectives has been documented to the satisfaction of the district board of education.”

The regulations can be found at http://www.state.nj.us/education/code/current/title6a/chap23a.pdf

We are also checking with the New Jersey Association of School Administrators (http://njasa.net/njasa/site/default.asp) to see if they have researched how common merit pay is for school administrators, and how it is typically structured.

Source: NJSBA


Please also see the following article relating to this question:

Merit Based Pay Article - PDF
Source: Hunterdon County Democrat


12/1/2009

Who hires and evaluates a district’s superintendent?

The selection of a superintendent is considered to be one of the most significant decisions a school board makes. A systematic procedure for selection should be used, requiring months of careful planning and well-organized steps in screening the most qualified candidates. In addition, state law requires that boards evaluate superintendents annually. An effective evaluation process is based on the achievement of specific, agreed-upon goals between the board and the superintendent.

Source: NJSBA



11/21/2009

Can you explain the "DOCTRINE OF NECESSITY" and how it was used in the most recent teachers' contract?
 

New Jersey statutes set forth a code of ethics for school board officials (including board of education members) in the "School Ethics Act", or NJSA 18:12-21 seq.  This act defines conflicts of interest for board members, and precludes board members from voting on issues in which they themselves or close family members have a financial interest.  In the case of the contract between a school district and the local teachers' union, a board member is normally precluded from voting on the contract if that board member's spouse, parent, child or other close relative is a member of the NEA (the Nutley teachers' union), because he/she would stand to benefit financially from the result of the vote.  Less stringent restrictions are applied in the case of an indirect financial interest.  For example, if a board member is a member of the statewide teachers' union (The NJEA), but not a member of the Nutley teachers' union, that member would be permitted to vote on the contract, but would not be permitted to participate in negotiating it with the local union.

However, a quorum of five votes is required to adopt certain actions for a school district, including the teachers' contract.  The state recognizes that conflicts of interest will exist from time to time, and that, in some cases, a quorum would not be possible if the normal ethical restrictions defined in the School Ethics Act were to be applied.  The Doctrine of Necessity was formulated to permit a quorum to vote on issues where conflicts of interest would normally preclude a majority of board members from voting on an particular issue.  It removes the restrictions on voting, allowing members with conflicts to vote on matters in which they stand to benefit financially.

Application of the Doctrine of Necessity must follow a certain procedure, which is set forth by the NJ School Ethics Commission in Public Advisory Opinion A03-98.  This clarification issued by the School Ethics Commission states that a school district, prior to invoking the Doctrine of Necessity, must adopt a resolution to do so in which they set forth their intent to invoke the doctrine, their reasons for doing so, and the exact nature of the conflicts of interest that apply.  After adoption, this resolution must be filed with the State Ethics Commission.

Currently, there are 5 trustees on the Nutley BOE who would have been precluded from voting or negotiating the teachers' contract, and an additional member who would have been permitted to vote but not to negotiate.  The trustees who would have been precluded from voting are Mr. Frannicola, Ms. Russo, Mr. Sautter, Mr. Reilly and Mr. Moscaritola - all have close family members who are also members of the local teachers' union.  Dr. Casale is a member of the statewide teachers union, but not the local teachers' union; he would have been permitted to vote on the contract, but not to participate in negotiations.

Because a quorum would have been impossible without removing the restrictions on voting, the Doctrine of Necessity was invoked.  A resolution complying with A03-98 was adopted, and all 9 members were permitted to vote on the recent teachers' contract.

Contributor: Michael Recchione



11/18/2009

Is there a formal "JOB DESCRIPTION" for both the BOE and the Superintendent ?


When it comes to serving on a school board, there is no “job description” to speak of. State law dictates the requirements (e.g., must be a registered voter, have lived in the district at least a year, etc. etc.).  Beyond that, it is the decision of the voters (if an elected board), or a decision of the mayor (if an appointed board), or the decision of the school board itself (if filling a vacancy in the middle of a term).
 

The other “requirements” are more political and personal in nature: Have a sense of diplomacy, be able to make difficult decisions and explain those decisions to the public, adhere to ethics regulations, be able to dedicate an appropriate amount of time, etc.

The legal requirements, as well as some of the personal/political traits needed and the roles and responsibilities of board members, are described in NJSBA’s Candidate Kit, which we send out to every school district and post online annually: http://www.njsba.org/candidacy/  Be aware that this is the Candidate Kit for the April 2009 Annual School Election, so the dates are not accurate and some minor rules and regulations may change.

When it comes to the superintendent, or ‘chief school administrator,’ a district will most likely have a job description. Organizations such as NJSBA offer samples that local school boards may use as a template, but they are purely models and local school boards may create the job description as they see fit. Not all school districts have the same needs, so you’ll see job descriptions varying from one district to another. One such sample job description can be found on NJSBA’s website at http://www.njsba.org/mo/policy_information_systems/jdm/A-1.PDF. Be aware that this one is a few years old, and the language can and will change when the state changes its requirements for serving as a superintendent. But at least this should give you a sense of how one is constructed.

Source: NJSBA

Website powered by Network Solutions®