In the new Abbott regulations, the Commissioner included a new anti-nepotism policy, (NJAC 6A:10A-4.1(g)), oulined below:

(g) The district board of education shall adopt a nepotism policy that includes the following:
    1. A definition of “relative” that is consistent with N.J.S.A. 52:13D-21.2;
    2. Prohibiting any relative of a board member or administrator from being employed in an office or position in that school district except that a person employed by the school district on the effective date of the policy or the date a relative becomes a board member or administrator shall not be prohibited from continuing to be employed in the person’s current position or, in the case of a reduction in force, in any position to which that person has a legal entitlement;
    3. Prohibiting the chief school administrator from recommending to the board pursuant to N.J.S.A. 18A:27-4.1 any relative of a board member or administrator unless the person is subject to the exception in (g)2 above;
    4. Prohibiting a school district officer or employee from supervising, or exercising authority with regard to personnel actions over a relative of the officer or employee;
    5. Prohibiting a school district official who has an immediate family member who is a member of the bargaining unit from discussing or voting on the proposed collective bargaining agreement with that unit or from participating in any way in negotiations, including but not limited to, being a member of the negotiating team; nor should that school district official be present with the board in closed session when negotiation strategies are being discussed; and
    6. Prohibiting a school district official who has an immediate family member who is a member of the same statewide union in another district from participating in any way in negotiations, including but not limited to, being a member of the negotiating team or being present with the board in closed sessions when negotiation strategies are being discussed, prior to the board attaining a tentative memorandum of agreement with the bargaining unit; once the tentative memorandum of agreement is established, a school district official with an immediate family member who is a member of the same statewide union in another district may fully participate in the process, absent other conflicts.   

(h) In accordance with the N.J.S.A. 18A:55-2, the Commissioner may withhold State aid from school districts that have not demonstrated compliance with the nepotism policy in (g) above. 

The last sections echo the Code of Ethics, but there is a serious ambiguity in the regulations regarding this nepotism policy.  Although an exception has been made for relative that are current employees on the effective date of the policy, it limits that exception to the employee’s "current position." 

It seems clear that a teacher-level employee is prohibited from being promoted to a supervisor position, if they had a relative that was a board member or administrator. 

Well, what happens, for instance, to an employee is that in a non-tenured position?  Will they be permitted to be granted tenure?  Because that is arguably "a promotion" from their current position - they are now the proud owners of a new set of property rights, etc.

In addition, what about the all-too-familiar situation where a married couple works in the same district and one of them moves up to an administrator level.  Does this mean that his or her spouse is forever locked into that lower position, without any opportunity to move up for as long as their spouse is an employee of the same district?

Lots of questions to answer for the Abbott districts, but other districts should take notice.  Items like this are often auditioned on Abbott districts before being implemented across the state.