Board Meetings » Doctrine of Necessity

Doctrine of Necessity


Meeting:      Aug 29, 2019 - Regular Meeting, 6:00 p.m.
Category:   12. Legal
Subject:      12.04 Approval to Invoke the Doctrine of Necessity for School Boards
Access:       Public
Type:          Action (Consent)
 
Public Content

DOCTRINE OF NECESSITY
RESOLUTION OF
THE JERSEY CITY BOARD OF EDUCATION,
HUDSON COUNTY, STATE OF NEW JERSEY
INVOKING THE DOCTRINE OF NECESSITY
 
WHEREAS, the School Ethics Act, N.J.S.A. 18A:12-21 et seq was enacted by the New Jersey State Legislature to
ensure and preserve public confidence in school board members and school administrators to provide specific ethical
standards to guide their conduct; and
WHEREAS, the School Ethics Commission (Commission) has provided guidance in Public Advisory opinions A03-9
(April 1, 1998) to assist boards in invoking the Doctrine of Necessity when a quorum of a board of education
has conflicts of interest on a matter required to be voted upon; and
WHEREAS, the School Ethics Commission, by Resolution dated February 25, 2003, clarified and required a board of
education invoking the Doctrine of Necessity to adopt a Resolution setting forth that they are invoking the Doctrine,
the reason for doing so and the specific nature of the conflicts of interest; and
WHEREAS, the School Ethics Commission further directed boards of education that invoked the Doctrine to read the
Resolution at a regularly scheduled public meeting, post it where it posts public notices for thirty (30) days and
provide the Commission with a copy; and
WHEREAS, the State Department of Education promulgated N.J.A.C. 6A:23A-6.2, which places additional
standards and
restrictions upon the ability of the board member to vote on a particular issue; and
WHEREAS, the Jersey City Board of Education desires to vote upon matters involving terms and conditions of
employment with the JCEA and affiliated Associations ESA and PPA; and
WHEREAS, the Board Attorney has reviewed the State regulations and the advisory decisions of the Commission and
determined Board member conflicts prohibit six (6) members from voting on matters associated with JCEA/NJEA, ESA
and PPA; and
WHEREAS, the Board member conflicts are as follows:
1. Trustee Ali’s candidacy was endorsed by the JCEA;
2. Trustee Terrell-Paige’s candidacy was endorsed by the JCEA and Ms. Terrell-Paige’s daughter is a teaching staff
member in a district represented by an affiliate of the NJEA;
3. Trustee Roman’s candidacy was endorsed by the JCEA;
4. Trustee Verdibello has an immediate family member who is a member of the JCEA;
5. Trustee Dupree has a relative who is a teacher and a member of the JCEA;
6. Trustee Richardson has been advised pursuant to Advisory Opinion A09-19 to refrain from votes related to the JCEA;
and
WHEREAS, the inability of the six (6) members to vote on matters related to the JCEA/NCASA results in
the lack of a quorum; and
WHEREAS, in order to vote on matters involving the JCEA/NJEA, ESA and PPA at issue, the Board desires to invoke
the Doctrine of Necessity, in accordance with the procedures established by the Commission;
NOW, THEREFORE, BE IT RESOLVED by the Jersey City Board of Education, Hudson County, State of New Jersey
as follows:
1. That the Six (6) members as noted above are prohibited from voting on the matters involving the JCEA
and the Board, therefore, invokes the Doctrine of Necessity in order to vote on said matters.
2. That this Resolution shall be read at a regularly scheduled public meeting of the Board, a copy of this
Resolution shall be posted where the Board posts public notices for thirty (30) days and posted on the Board’s website.
3. That a copy of this Resolution shall be forwarded by the Board Secretary to the School Ethics Commission.