MEMORANDUM INFORMATION ONLY TO: FROM: Board of Directors Dr. Lawrence S. Feinsod, Executive Director DATE: September 15, 2017 SUBJECT: GO Policy Manual Revisions Attached for your information are the revised regulations for the following policies: GO/4118.13R Implementation of Political Activity GO/4118.22R Code of Ethics GO/4140R Determining and Announcing Salary Increases
FILE CODE: GO/4118.13R CONFLICT OF INTEREST Implementation of Political Activity Policy NJSBA is a local public employer and may set reasonable restrictions on employee political expression in order for NJSBA to carry out its legislatively created advocacy mission. NJSBA cannot endorse political candidates; when representing the NJSBA in public forums, employees are to refrain from endorsing or expressing support for or against any political candidate or a public issue, that is not representative of NJSBA s Policies and Positions on Education Manual. All staff are expected to abide by this policy and report any political activity conflict of interest or duties to the Director, Human Resources. In an instance when the staff member is not certain there is potential for the direct, ongoing conflict of interest or duties, s/he/she shall report same to the Director, Human Resources, who shall seek clarification from the Executive Director. The Director, Human Resources shall then provide that clarification in writing to the staff member. Except in the instance when a staff member assumes an elected or appointed position in direct ongoing conflict with his/her position which cannot be cured by abstention, and ceases employment with the Association according to policy, all violations of this policy shall be dealt with in accordance with the Association Disciplinary Action policy file code GO/4117. An employee whose position necessitates his/her advocacy on behalf of the Association is prohibited from, in her/his professional capacity, sponsoring, attending or contributing to any political party, campaign, office, or activity within the State of New Jersey. This prohibition includes, but is not limited to, attendance at fund raising activities and donation of money, services, and time to such activities as a representative of the NJSBA. Association positions covered by the above are, but not limited to: Executive Director, Governmental Relations, Communications and other staff as designated. Personal activity, conducted outside of employment, is not intended to be restricted by this policy. Employees may not display partisan or political literature, posters, buttons, political cartoons, etc., on their person or in their work space in NJSBA s facility. Definition of facility is set forth at GO/4118.23R. Additionally, NJSBA staff are prohibited from displaying partisan or political items on their person when representing NJSBA in public forums. Issued: October 20, 1989 Revised: October 6, 2000 February, 2007 October, 2009 August 2017 See also: GO/4118.22 and 4118.22R GO/4118.23 and 4118.23R 5/11 Page 1 of 3 4118.13r
FILE CODE: GO/4118.13R CONFLICT OF INTEREST Implementation of NJSBA Campaign Activities Policy All staff are expected to abide by this policy and refrain from any involvement in any Association election activities. In any instance where a staff member's job responsibilities place him/her in a situation that could be interpreted as a conflict of interest under this policy, he/she should report same to the Executive Director. All violations of this policy shall be dealt with in accordance with the Association Disciplinary Action policy file code GO/4117. Issued: October 20, 1989 Revised: October 6, 2000 February, 2007 Gifts to Staff NJSBA staff are prohibited from soliciting or accepting for themselves or on behalf of the Association, any gift which directly or indirectly benefits them. Gifts in excess of $50.00 would be deemed a benefit to staff. This prohibition applies to gifts from any person or vendor having or seeking a business relationship with the Association or any employee or agent of such person or vendor. If offered a gift by a vendor, staff shall notify that vendor of this regulation, and shall promptly return any gifts in excess of $50.00 received with an explanation of this regulation. The Association shall also annually notify all individuals and vendors it does business with of this regulation. Staff shall also report any such offer and the action taken to their director and/or immediate supervisor as soon as practicable. These provisions shall not apply to gifts of minimal value from non-vendors intended to commemorate an event or program. Employment Conflict This regulation clarifies the employment conflict provision of GO Policy 4118.13, barring an officer/member of the Board of Directors or alternate from NJSBA employment for a period following the Executive Director s evaluation and contract recommendation: Under this policy, an officer will be barred in the case of an actual conflict caused by their participation in this process or where there exists the public perception of a conflict. An officer will be considered to have participated in the evaluation, thus raising a conflict, if he/she were present at meetings at which the evaluation or performance of the Executive Director was discussed or provided formal or informal input regarding the evaluation in any stage of the process. Among the factors that shall contribute to the public perception that an officer participated in the process include, but are not limited to, his/her status as an active member of the executive committee during the time the evaluation is conducted. Further, under this policy, a member of the Board of Directors or alternate will be barred in the case of an actual conflict caused by their participation in reviewing the Executive Director s evaluation and/or employment contract, irrespective of whether the member/alternate votes, or where there exists the public perception of a conflict. A member of the Board of Directors or alternate will be considered to have participated in the 5/11 Page 2 of 3 4118.13r
FILE CODE: GO/4118.13R CONFLICT OF INTEREST evaluation and contract review, thus raising a conflict, if he/she were present at meetings at which the evaluation and/or contract of the Executive Director was discussed or provided formal or informal input regarding the evaluation in any stage of the process. Among the factors that shall contribute to the public perception that a member of the Board of Directors or alternate participated in the process include, but are not limited to, his/her status as a member or alternate of the Board of Directors during the time the evaluation is conducted. Issued: January 15, 1992 Revised: January, 2001 February, 2007 October, 2009 May 2011 Cross Filed: GO/1313R 5/11 Page 3 of 3 4118.13r
Governance & Operations FILE CODE: GO/4118.22R NEW CODE OF ETHICS NJSBA employees are prohibited from using NJSBA owned facilities, equipment, including electronic devices, and NJSBA data about employees and members, including their personal contact information, for any use other than in the performance of their duties at NJSBA. NJSBA owned facilities, equipment, including electronic devices and NJSBA data about employees and members, including their personal contact information, are hereinafter collectively referred to as NJSBA property. Use of NJSBA property for personal reasons is a violation of GO/4118.22. Personal use includes, but is not limited to, using NJSBA property for purposes other than the fulfillment of the employee s duties for NJSBA. All employee violations of this policy shall be dealt with in accordance with NJSBA disciplinary policies GO/4115.1 and GO/4117. Violation of the Association s Code of Conduct policy will result in disciplinary action up to and including termination. Discipline will be determined based on the nature and extent of the improper use of NJSBA property. NJSBA will take legal action where necessary against employees who engage in conduct in violation of the Conflict of Interest and Code of Ethics policies. Issued: August 28, 2017 See also: GO/ 4115.1 GO/ 4117 GO/4118.13
FILE CODE: GO/4140R COMPENSATION AND RELATED BENEFITS Determining and Announcing Salary Increases The following procedures shall be observed with respect to determining and announcing salary increases: A. Completion of the Performance Appraisal Summary form, which should provide an accurate reflection of the quality of the employee's performance, shall be the [sole] basis for determining salary increases. B. New employees hired before March 1 may receive a prorated merit increase. New employees hired on or after March 1 may receive a merit increase after a full fiscal year of employment, prorated to their date of hire. C. Additional information may be included in the evaluation by the Executive Director in consultation with the Department Director. Such information shall be added to the evaluation and shared with the employee before a merit rating is determined. D. Staff shall be apprised of their new salary, by their Department Director, after the evaluation process has been completed. Issued: May 1, 1980 Revised: January 19, 1981 December 2, 1985 January 9, 1987 October 6, 2000 June 16, 2004 September 16, 2005 June 30, 2006 Salary Grades The salary program shall consist of salary grades in which the positions are determined to be similar with respect to the number of Hay Association points assigned. The Executive Director shall be responsible for the classification of positions within salary grades, in accordance with policy set forth in File Code GO/4140. The salary program shall be reviewed annually by the Executive Director to insure that salary grades are maintained at competitive levels. Salary grade changes shall be effective July 1 st of each fiscal year and shall include a minimum, a mid-point, and a maximum, defined as follows: Minimum the point below which no one in the grade shall be paid as long as the employee s performance is deemed satisfactory. Page 1 of 2 6/17 4140r
FILE CODE: GO/4140R COMPENSATION AND RELATED BENEFITS Salary Grades (continued) Mid-point Maximum the point (50th percentile) which is defined as the competitive salary for a competent performer, considered to be of full use to the Association. this point, the top of the range, is the point beyond which no one in the salary grade will be paid. An employee whose salary is at or above maximum upon adoption and implementation of the salary guide shall be maintained at the employee's current salary until such time as the salary grade maximum exceeds the employee's current salary. Staff members whose salary on July 1, of the current fiscal year are at or exceed the maximum of their salary grade will not receive a performance increase in the fiscal year. Such staff member whose performance rating equals or exceeds a 95 may receive an additional week s vacation to be taken no later than August 31 st of the next fiscal year Market Competitiveness Adjustment The Executive Director may authorize, if funds are available, a salary adjustment for an employee at any time to address the needs of the association in retaining a highly qualified employee. Such an adjustment may be made only after a review of the salary market relevant to the position indicates that an adjustment is warranted. Any annual merit increase awarded will not be prorated due to such an adjustment. Stipends The Executive Director may authorize a stipend, if funds are available, to employees for the following: recognition of high performance or significant accomplishments; assignments which are not part of the employee s ongoing responsibilities, but which are part of the normal workload; acting or interim appointment to a position in an acting or interim capacity. Stipends may be paid as a lump sum or as part of the bi-weekly payroll process and will not be part of the employee s base salary for benefit purposes. If an employee vacates their position on which the bi-weekly stipend was authorized, the stipend will end on the effective date of the position termination. Issued: BD 6/78 Revised: June, 1982 March, 1985 May 18, 2002 July 1, 2004 August 24, 2005 September 16, 2005 Page 2 of 2 6/17 4140r
FILE CODE: GO/4140R COMPENSATION AND RELATED BENEFITS July 26, 2006 February, 2007 September 27, 2007 September, 2008 September, 2010 June, 2017 See Also: 4115.1 Page 3 of 2 6/17 4140r