January 13, Filing of 2015 Personal/Relative and Financial Disclosure Statements

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1 CHRIS CHRISTIE Governor KIM GUADAGNO Lt. Governor DAVID C. HESPE Commissioner January 13, 2015 TO: FROM: SUBJECT: Executive County Business Officials Joanne Restivo, Acting Executive Director School Ethics Commission Filing of 2015 Personal/Relative and Financial Disclosure Statements This memorandum is a reminder to the Executive County Offices of Education (County Offices) throughout the State that the School Ethics Commission (SEC) has established an online filing application for reporting the SEC s Personal/Relative and Financial Disclosure Statement, which is required of each school official 1 by the School Ethics Act (Act), N.J.S.A. 18A:12-25 and 26. The Act requires the filing of Disclosure Statements for school officials who have previously filed in the District, Charter School or Renaissance School in prior years by April 30. For school officials who are newly-elected or newly-appointed to the District, Charter School, or Renaissance School, the Disclosure Statement must be filed within 30 days of taking office or assuming the position. Full instructions for the online filing application are available at the SEC website at Each School Board Secretary, Charter or Renaissance School Designee (Board Secretary) must annually submit online the List of School Officials (List), consisting of the names and addresses of those school officials, by office and position, whose responsibilities would require the filing of the Financial and Personal/Relative Disclosure Statements, pursuant to the criteria set forth in N.J.S.A. 18A:12-21 et seq. Full instructions for the online filing application are available on the SEC website at By memorandum sent from the SEC, Board Secretaries will be notified that all such Lists shall be submitted online at The first step in the process requires each Board Secretary to log in and complete the List on or before February 1. The Board Secretary shall then inform all school officials that they will be contacted by the SEC to facilitate the filing of the Personal, Relative and Financial Disclosure Statement for the reporting year. On June 1 and throughout the remainder of the calendar year, Board Secretaries must again access this electronic link to submit the names and addresses of newly-elected and/or newly-appointed board members, trustees and administrators, who are required to file Disclosure Statements within 30 days of taking office or assuming the position. The Board Secretaries will electronically file these Lists for the review of the 1 School official means a board member, a member of the board of trustees of a charter or Renaissance school, an administrator of a local school district, an employee or officer of the New Jersey School Boards Association and other organizations covered by the Act, but not including any member of the secretarial, clerical or maintenance staff.

2 Page 2 Executive County Superintendent (ECS) and the County Offices through the SEC s online filing application. These Lists shall be subject to review only by the Board Secretary, the County Offices and the SEC. Personal addresses shall be protected and may not be released for any purpose. 2 The County Office may go to to review the Lists provided by the Board Secretaries. Using the easy access online filing application, the ECS (County Office) will send an individual with an authorization code to each individual school official to allow the electronic reporting of these Disclosure Statements. Using the easy access online filing application, the Board Secretaries and the County Offices will review and approve Disclosure Statements by April 30. Below is a timeline for collection of Disclosure Statements. If you have any questions, please contact Jill Greenberg Kail, School Ethics Commission, by at schoolethics@doe.state.nj.us. COUNTY OFFICE TIMELINES DATE January/ February Review of Online Lists of School Officials COUNTY OFFICE ACTIONS After notification by the SEC, the County Offices shall remind Board Secretaries/Charter and Renaissance School Designees (Board Secretaries) that the annual List of School Officials is required to be submitted online on or before February 1. A power point is available to assist the Board Secretary in creating the List at Verify that each Board Secretary has submitted the List of all school officials required to file Disclosure Statements. Using the online filing application, select the official to receive an and send the individual s authorization code through the application. This allows the school official to file the Disclosure Statement. Remind Board Secretaries that personal s must be protected, pursuant to OPRA, and that no school official is ever deleted from the List. February Remind Board Secretaries in writing that the online filling of the Disclosure Statement for newly elected or newly appointed school officials who have not filed in the District, Charter School or Renaissance School in the prior year, is required within 30 days of taking office or assuming the position. Remind Board Secretaries that the online filing of the Disclosure Statement is due from all school officials who have previously filed in the District, Charter School or Renaissance School by April 30. New Charter School trustees and administrators must initially file Disclosure Statements within 30 days of the grant of a charter. 2 New Jersey Open Public Records Act, N.J.S.A. 47:1A.

3 Page 3 On or by May 10 Review of Electronic Disclosure Statements June 1 Report to SEC Renaissance School trustees and administrators must file within 30 days of the execution of a contract. Thereafter, any newly-appointed charter trustee or administrator of the Charter or Renaissance School must file within 30 days from assuming the position. After the Charter School or Renaissance School has been established, the disclosure statements are required to be filed annually by April 30, as with the other school officials. Review Disclosure Statements for completeness. When notified on the List that the Board Secretary has reviewed and certified a Disclosure Statement, the County Office shall electronically review each individual Disclosure Statement. The County Office will either note a deficiency within the online Disclosure Statement or accept the Disclosure Statement as complete. The School Ethics Act requires that financial information pertain to the preceding calendar year. If the information has changed from the preceding calendar year, it is recommended that the official also provide financial information which is current as of five days prior to the date of this filing. No statement should be returned for failure to provide current financial information. A Disclosure Statement, identified as deficient by the County office, will automatically be returned to the Board Secretary, who may return the statement to the school official for corrections. If the Board Secretary determines to return the Disclosure Statement to the school official, the online filing application will automatically generate an with an accompanying authorization code notifying the school official that the Disclosure Statement requires a revision. In the alternative, the Board Secretary may determine that the Disclosure Statement is acceptable and approve it as filed. The Disclosure Statement will then be available for County Office review. 3 A Disclosure Statement, identified as complete by the County Office, will automatically become final. The Disclosure Statement will be stored within the List beneath each individual official s name and will be immediately available to the public through the Department of Education s website. Submit to the SEC the County Office June 1 Report, which is available within the County Office s online filing application. The County Office will prepare the report using the information contained in the Board Secretary Certification, required in the online filing application of each Board Secretary by May 10. The County Office June 1 Report shall include the names, home addresses and phone 3 Procedures in the event of an incomplete filing are set forth at N.J.A.C. 6A:28-3.4(a), which provides: When an ECS determines that a portion of a school official s disclosure statement, which are timely filed pursuant to N.J.A.C. 6A:28-3.1, is incomplete, the ECS shall return the disclosure statement to the Board Secretary/Charter School or Renaissance school designee who shall then return the disclosure statement to the school official. The school official shall have 20- days from receipt of the returned filing to complete the disclosure statement and file with the board secretary or charter school designee, who shall then file the completed disclosure statement with the ECS.

4 Page 4 June July Review of Online Lists of School Officials Review of Disclosure Statements of Newly Elected or Newly Appointed Officials numbers of each official who has failed to file a complete Disclosure Statement at the time of the report. The County Office shall assist the SEC and the Board Secretary in updating and editing the online List to reflect board members or administrators who have not filed Statements but are no longer in the District, Charter School or Renaissance School. The name of each school official is a public record and no name shall be deleted unless placed on the List in error. Remind Board Secretaries to submit the June List by June 30 to include the names and addresses of new board members, trustees and appointees, not on the February List, who have 30 days from taking office or assuming the position to file a Disclosure Statement. New Charter School trustees and administrators must initially file Disclosure Statements within 30 days of the grant of a charter. Renaissance School trustees and administrators must file within 30 days of the execution of a contract. Thereafter, any newly-appointed charter trustee or administrator of the Charter or Renaissance School must file within 30 days from assuming the position. After the Charter School or Renaissance School has been established, the disclosure statements are required to be filed annually by April 30, as with the other school officials. Using the online filing application, select the official to receive an and send the individual s authorization code through the application. This allows the school official to file the Disclosure Statement. Review Disclosure Statements for completeness. When notified on the List that the Board Secretary has reviewed and certified Disclosure Statements, the County Office shall electronically review each individual Disclosure Statement. The County Office will either note any deficiency within the Disclosure Statement or accept the Disclosure Statement as complete. The School Ethics Act requires that financial information pertain to the preceding calendar year. If the information has changed from the preceding calendar year, it is recommended that the official also provide financial information which is current as of five days prior to the date of this filing. No statement should be returned for failure to provide current financial information. A Disclosure Statement, identified as deficient by the County Office, will automatically be returned to the Board Secretary, who may return the statement to the school official for corrections. If the Board Secretary determines to return the Disclosure Statement to the school official, the online filing application will automatically generate an with an accompanying authorization code notifying the school official that the Disclosure Statement requires a revision. In the

5 Page 5 alternative, the Board Secretary may determine that the Disclosure Statement is acceptable and approve it as filed. The Disclosure Statement will then be available for County Office review. A Disclosure Statement, identified as complete by the County Office, will automatically become final. The Disclosure Statement will be stored within the List beneath each individual official s name and will be immediately available to the public through the Department of Education s website. Continue assisting the SEC to enforce the filing and completion of Disclosure Statements as required by the Act. June December Continue throughout the year using the County Office online filing application to verify that Board Secretaries update the online June December List of School Officials with new board members, trustees and appointees who must file the Disclosure Statements within 30 days from taking office or assuming the position. Continue to use the online filing application to select the official to receive an and to send the individual s authorization code through the application. Continue to review Disclosure Statements. Any Disclosure Statement identified as deficient by the County Office, will automatically be returned to the Board Secretary, who may return the statement to the school official for corrections. If the Board Secretary determines to return the Disclosure Statement to the school official, the online filing application will automatically generate an with an accompanying authorization code notifying the school official that the Disclosure Statement requires a revision. In the alternative, the Board Secretary may determine that the Disclosure Statement is acceptable and approve it as filed. The Disclosure Statement will then be available for County Office review. A Disclosure Statement, identified as complete by the County Office, will automatically become final. The Disclosure Statement will be stored within the List beneath each individual official s name and will be immediately available to the public through the Department of Education s website. December 1 Submit to the SEC the County Office December 1 Report, which is available within the County Office s online filing application. The County Office will prepare the Report using the information contained in the Board Secretary Certification required of each Board Secretary no later than November 15. The County Office December 1 Report shall include the name, home addresses and phone numbers of each school official who has failed to file a complete Disclosure Statement at the time of the Report. The County Office shall assist the SEC and the Board Secretary to update and edit the online List to reflect

6 Page 6 board members or administrators who have not filed but are no longer in the District, Charter School or Renaissance School. The name of each school official is a public record and no name shall be deleted unless placed on the List in error. Continue assisting the SEC to enforce the filing and completion of Disclosure Statements as required by the Act. c: Members, State Board of Education David C. Hespe, Commissioner Executive County Superintendents Senior Staff Executive Directors for Regional Achievement Centers NJ Lee Group