Substitute List Exempt from Nepotism Concern

The is permitted to have a member’s relative on its substitute list, as it does not violate state regulations on nepotism.

During its Jan. 23 meeting, the Board of Education accepted Harlene Rosenberg, who is board member Marc Rosenberg’s wife, as one of the district's substitute media specialists—an $80-a-day post that is only needed when an existing librarian cannot come to school, and can be filled from a pool of multiple substitute media specialist. Rosenberg did not vote on the item since he was absent from the meeting.

The item left board member Jennifer Haley uneasy, with reservations about the district’s nepotism guidelines. She and board member Judy Haas later voted against the appointment.

“I just don’t feel comfortable making that kind of decision. I also feel that the sitting board member should alert the board that this is my relative, my spouse,” Haley said. “I don’t think that it’s proper to put board members in a position where we’re voting on a spouse to have some kind of employment in the school district.”

According to the New Jersey Department of Education’s administrative code, which school districts must follow, school districts may exclude per diem substitutes and student employees from nepotism policies. However, school districts cannot hire family members of school officials or board members as full-time contracted employees.

Hillsborough’s policy follows that portion of the code, according to Assistant Superintendent for Personnel Scott Rocco. The policy cites 6A:23A-6.2 and the specific statute numbers, according to Rocco.

“That was specifically put in there at the request of one of the attorneys who read this policy back in 2009,” Rocco said. “Per diem substitutes are per diem substitutes. They work as-needed. They are not contracted. “

The post is a substitute position, which is a non-contracted, paid-by-day post and falls under the state and district’s exception from the regular nepotism regulations.

“I believe, since there is no contract implication to substitutes, there is no conflict, as it were, having the spouse or relative of a board member as a substitute,” Human Resources Committee Chairman Chris Pulsifer said.

A similar item arose in the Manville School District from around 2006 to 2009, when former Board President Andy Zangara’s then wife was placed on that district’s substitute teacher list. Zangara abstained from voting on the substitute teacher list during those meetings; in later meetings he stated his reasons for abstaining from the votes.

Rosenberg was not able to attend the meeting and therefore did not vote on the item. Had he been able to attend the meeting, he would have abstained from the vote and answered any questions about the item, he said.

“I checked with the administration, [board] president, and human resources, and I got a legal opinion,” he said. “All, of which, said it was done before and there was nothing wrong.”

The asbstentions follow state regulations regard board member’s relatives, according to the New Jersey School Boards Association.

“In general, a board member would recuse himself/herself if a vote affects a family member,” said Mike Yaple, spokesman for the New Jersey School Boards Association. “There are some exceptions, such as when a board member’s child attends school. In that case, the board member can vote on issues affecting their child, as long as the child is one of a group of students affected by the vote.”

Two separate cases in Manville saw a different twist on nepotism regulations, when relatives of sitting district employees ran for seats on the Board of Education. During the first case, Herman Brunn, father of then-Alexander Batcho Intermediate School Principal Jim Brunn, won a three-year board term that began in 2006. The second case, from 2011, saw wife of Weston School Principal Donald Frank taking a three-year seat on the board.

The nepotism regulations allow residents with relatives working in the school district to run for and hold board of education seats, according to Yaple. In those cases—and as with the Manville board—the board members abstained from voting on issues that pertained to their relatives’ school.

“As far as running for a board if you have family working in the district—that is allowed,” Yaple said. “The nepotism regulations say board members can’t hire a family member in their district. If one is elected to the board and has a family member working in the district, the board member will likely need to recuse himself or herself from voting on issues affecting the family member, as well as the supervisors of the family member.”

In cases where a board needs more guidance as to whether a board member needs to recuse themselves for a vote, the New Jersey School Boards Association would recommend a consultation with the New Jersey Department of Education’s School Ethics Committee, Yaple said.

“If there were any questions whether a board member should or should not vote, we’d recommend that the board member ask the board attorney for guidance, as he or she would know the details of the issue, and also consider reaching out to the School Ethics Commission,” Yaple said.

“The commission makes rulings after people file complaints, but it also issues “advisory opinions” where school board members ask how to proceed on an issue before a vote is taken."

Editor's Note: This article incorrectly identified Harlene Rosenberg as being on the district's per-diem substitute media assistant list. It has been corrected to reflect that she is on the district's per-diem substitute media specialist list, allowing her to serve as a substitute librarian.