Board Member Election Reminders

Each November (or April) the future of your district is redefined as school board candidates share their visions and ideas with your community. As a member of your school board, and more importantly as a parent or community member, you have a vested interest in that future – to ensure the continued success of your students. Whether as supporters and opponents, or as candidates yourselves, you must remember that the actions of current board members need to adhere to the Code of Ethics. N.J.S.A., 18A:12-24.1. With this school election season underway, we hope to provide guidance and answer common questions. For additional guidance, please consider reviewing resources available from the New Jersey School Board Association or previously released opinions by the School Ethics Commission.

Endorsements:

May a Board Member Endorse Candidates?

As an involved member in your community, it is likely you have a personal relationship with one, if not multiple, candidate(s). Current board members are permitted to endorse candidates, but should comply with SEC Advisory Opinion A02-06 (3/10/06) and A36-14 (10/29/14).

Per these opinions, Board members are required to indicate that such endorsements reflect their personal views, not those of the board of education. Further, board members are prohibited from sharing confidential information and must ensure that this private action does not compromise the board. It is important to remember that appropriate disclaimers are required on all mediums, whether hardcopy, digital or via social media. However, as discussed below, disclaimers alone are not always sufficient.

May a Candidate be Endorsed By a Local School Employees Union?

Yes, but it depends… The endorsement by a local and/or statewide union does “not create a per se future conflict unless a financial contribution is given and that financial contribution is intended to influence the Board member in the discharge of his/her duties as a Board member.” SEC Advisory Opinion A10-18 (6/26/18).

However, the impact of an endorsement is largely situational. The SEC previously found that endorsements which go beyond casual support may restrict a future ability to fully participate in certain discussions, including participating in current negotiations. An endorsement may also impact participation in future negotiations (depending on the time elapsed between the endorsement and the start of negotiations). See SEC Advisory Opinion A13-02 (12/2/02).

May a Candidate be Endorsed By a Political Party?

Although there is no statute specifically prohibiting candidates from being endorsed by a political party, the Commissioner of Education has traditionally frowned on such endorsements of school board candidates, as school elections should be non-partisan. I/M/O the Annual School Election in the Brick School District, 93 N.J.A.R. 2d 360. Considering it is a presidential election year, it is important to maintain neutral campaigning.

Campaigning:

May a Candidate Fundraise on School Grounds?

Under P.L. 2011, Chapter 204, soliciting funds on school grounds is prohibited. As a reminder, school board candidates may be required to electronically file campaign contributions with the Election Law Enforcement Commission based upon their activity for this election. For more information, please visit www.elec.nj.gov.