6A:28-1.2 Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means N.J.S.A. 18A:12-21 et seq., the School Ethics Act (P.L. 1991, c. 393).
"Administrator" means any officer, other than a board member, or employee of a local school district or charter school who:
1. Holds a position which requires a certificate that authorizes the holder to serve as school administrator, principal, or school business administrator; or
2. Holds a position which does not require that the person hold any type of certificate but is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the local school district; or
3. Holds a position which requires a certificate that authorizes the holder to serve as supervisor and who is responsible for making recommendations regarding hiring or the purchase or acquisition of any property or services by the local school district.
"ALJ" means an administrative law judge assigned by the Director of the Office of Administrative Law to preside over contested cases pursuant to N.J.S.A. 52:14F-1 et seq.
"Benefit" as used in the Act means advantage, profit, privilege or gain.
"Board member" means any person holding membership, whether by election or appointment, on any board of education other than the State Board of Education.
"Board of trustees" means the public agent authorized by the State Board of Education to supervise and control a charter school.
"Censure" means, except in the case of a school official who is an officer or employee of the New Jersey School Boards Association, a formal expression of disapproval by the Commissioner which is publicized by the adoption of a formal resolution by the School Ethics Commission and the school official's district board of education or the board of trustees of his charter school at a public meeting when said school official has been found to be in violation of N.J.S.A. 18A:12-21 et seq. In the case of a school official who is an officer or employee of the New Jersey School Boards Association, censure means a formal expression of disapproval by the School Ethics Commission publicized by the adoption of a formal resolution by the Commission at a public meeting.
"Charter school" means a public school established pursuant to N.J.S.A. 18A:36A-1 et seq. and which is operated under a charter granted by the Commissioner, that is independent of the district board of education and that is managed by a board of trustees.
"Charter school designee" means the person at the charter school whom the lead person designates as being responsible for assuring that school officials in the school file timely disclosure statements.
"Code of Ethics" means the standards of conduct set forth in the Code of Ethics for School Board Members established pursuant to P.L. 2001, c. 178 (N.J.S.A. 18A:12-24.1).
"Commission" means the School Ethics Commission established pursuant to N.J.S.A. 18A:12-27.
"Commissioner" means the Commissioner of Education or his or her designee.
"Complainant" means the person bringing a complaint of alleged violation of N.J.S.A. 18A:12-21 et seq. or the person established as a lead complainant pursuant to N.J.A.C. 6A:28-6.6.
"Day" means a business day when the period specified is less than seven days, and a calendar day when the period specified is seven days or more; provided, however, that calculations do not include the day of the action from which they are computed but do include the last day of the period being computed unless such day falls on a Saturday, Sunday or holiday, in which case the last day shall be deemed the next business day immediately following.
"Dependent child" means any child claimed as a dependent on the school official's Federal and State tax returns.
"Financial Disclosure Statement" means the statement of personal finances which school officials are required to file annually pursuant to N.J.S.A. 18A:12-26.
"Fine" means a sanction imposed pursuant to N.J.S.A. 18A:12-29(e) for the filing of a frivolous complaint in an amount not to exceed $500.00.
"Frivolous complaint" means a complaint determined by the Commission to be either:
1. Commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or
2. One which the complainant knew, or should have known, was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law.
"Income" for purposes of these rules shall be as defined by the Internal Revenue Service except as otherwise provided in N.J.S.A. 18A:12-26a(1).
"Local School District" for purposes of these rules means any local or regional school district established pursuant to Chapter 8 or Chapter 13 of Title 18A of the New Jersey Statutes and shall include jointure commissions, county vocational schools, county special services districts, educational service commissions, educational research and demonstration centers, environmental education centers, and educational information and resource centers.
"Member of the immediate family" means immediate family member as defined in the Act.
"Newly elected or appointed board member" means any board member who has never served as a member of either an elected or appointed school board or who has not served for 10 years or more and has not previously completed a training program prepared and offered by the New Jersey School Boards Association pursuant to N.J.S.A. 18A:12-33.
"OAL" means the Office of Administrative Law established pursuant to N.J.S.A. 52:14F-1 et seq.
"Party" means a person whose name is designated on record as a complainant or respondent or the School Ethics Commission.
"Person" means a human being, and does not include boards of education, labor organizations or school districts.
"Personal/Relative Disclosure Statement" means the statement that school officials are required to file annually pursuant to N.J.S.A. 18A:12-25.
"Prohibited acts" means the forbidden conduct set forth for school officials at N.J.S.A. 18A:12-24.
"Relative" means a relative as defined in the Act.
"Removal" means removal from office for the length of a board member or charter school trustee's term of office or termination of employment.
"Reprimand" means a rebuke by the Commissioner of a school official for having been found to have breached the standards of conduct prescribed by N.J.S.A. 18A:12-21 et seq.
"Respondent" means the school official against whom a complaint is made pursuant to N.J.S.A. 18A:12-21 et seq.
"School official" means a board member, a member of the board of trustees of a charter school, an employee or officer of the New Jersey School Boards Association, but not including any member of the secretarial, clerical or maintenance staff of the Association, or an administrator of a district board of education or charter school.
"Spouse" means the person to whom the school official is legally married under New Jersey law and also includes a partner in a civil union couple as established in N.J.S.A. 37:1-33.
Amended by R. 2000 d. 139, effective April 3, 2000. See: 31 N.J.R. 4166(a), 32 N.J.R. 1189(a). In "Administrator", inserted a reference to charter schools in the introductory paragraph; rewrote "Censure", "Reprimand" and "School official"; inserted "Dependent child"; in "Member of the immediate family", deleted a former second sentence; in "Related to the school official by marriage", inserted a reference to sons-in-law and daughters-in-law; in "Relative", substituted a reference to school officials for a reference to school districts; in "Respondent", substituted a reference to school officials for a reference to board members and administrators; and in "Spouse", deleted "under New Jersey law" at the end. Amended by R. 2002 d. 397, effective December 16, 2002. See: 34 N.J.R. 3158(a), 34 N.J.R. 4434(a). Added "Code of Ethics", and "Prohibited acts". Amended by R. 2004 d. 378, effective October 4, 2004. See: 36 N.J.R. 2285(a), 36 N.J.R. 4453(a). In the introductory paragraph, substituted "chapter" for "subchapter"; added "Board of trustees", "Charter school", "Charter school designee", "Fine", "Frivolous complaint" and "Removal"; amended "ALJ", "Censure", "Commission", "Financial Disclosure Statement", "Newly elected or appointed board member", "OAL", "Personal/Relative Disclosure Statement", "Reprimand", "School official" and "Spouse". Amended by R. 2007 d. 247, effective August 20, 2007. See: 39 N.J.R. 821(a), 39 N.J.R. 3513(a). In definition "Spouse", inserted "and also includes a partner in a civil union couple as established in P.L. 2006, c. 103". Amended by R. 2009 d. 163, effective May 18, 2009. See: 41 N.J.R. 26(a), 41 N.J.R. 699(a), 41 N.J.R. 2095(a). Added definitions "Act", "Benefit", "Day", "Party" and "Person"; in definition "Charter school designee", substituted "statement" for "forms"; in definition "Complainant", inserted "or the person established as a lead complainant pursuant to N.J.A.C. 6A:28-6.6"; rewrote definitions "Member of the immediate family", "Personal/Relative Disclosure Statement" and "Relative"; deleted definition "Related to the school official by marriage"; and in definition "Spouse", substituted "N.J.S.A. 37:1-33" for" P.L. 2006, c. 103".