
FINAL REPORT
OF THE
AD HOC COMMITTEE TO STUDY THE DELEGATE ASSEMBLY
BY
May 17, 2008
Charge of the Committee
The charge of the Committee is to study the Bylaws and policies that govern the Delegate Assembly and make any recommendations for improving delegate attendance, preparation and quality of debate to the May 2008 Delegate Assembly.
The NJSBA staff provided the
following materials to the Committee:
Background
The NJSBA received a resolution from the
The specific solutions in the Bridgewater-Raritan resolution would require major legislative changes to the NJSBA authorizing statutes and as well to the Open Public Meetings Act, commonly known as the Sunshine Law. N.J.S.A. 18A:6-46 requires that each board of education select one of its own members as the delegate to the Delegate Assembly. Thus, in order for persons other than board members to vote at the delegate assembly, NJSBA would have to seek changes to state law. Seeking legislative change is never easy and can be a long, cumbersome process with uncertain outcomes.
Additionally, the idea of proxy-voting is one that comes from the corporate world where there are shareholders whose primary concern is increasing the value of their shares through increasing the profit of the company. The concerns of elected public servants are entirely different. Elected officials are concerned about the public good and how to meet the needs of their constituencies. Voters elect their officials to meet their needs, not to have those elected officials designate someone else to carry out their responsibilities. The U.S. Congress and New Jersey Legislature do not allow their members to vote by proxy—the issues are too multi-faceted and too important to be left to anyone but the elected official.
In a similar fashion, each school board in New Jersey elects one of its members to represent it at the Delegate Assembly, not only to carry out the will of the individual school board that sent them, but also because they are trusted to use their judgment as an elected policymaker to make the best decision possible for the students of their individual districts. When it comes to the interests of a district’s students, who better but the elected board member to represent them?
NJSBA staff consulted the Bridgewater-Raritan Board to determine the precise intent of the Board’s resolution. NJSBA was advised that the intent of the resolution was to address the declining attendance at Delegate Assemblies.
Declining Delegate Assembly attendance has become an increasing concern for NJSBA. For example, at the May 2007 Delegate Assembly, 125 members attended. However, fifteen years ago, at the June 1992 Delegate Assembly (where NJSBA officers were elected), 286 members attended. In short, attendance at the May 2007 Assembly was just 44% of what it was fifteen years ago; only one-quarter of the eligible boards were involved in determining the policies that make NJSBA an effective leader in the education community.
Given this information, NJSBA determined that this issue needed to be addressed now without subjecting the Delegate Assembly governing statutes to the vagaries of a long, drawn out Legislative process with uncertain outcomes. Thus, the President established an Ad-Hoc committee to look at attendance, among other issues, and make recommendations for change. Upon the establishment of that committee, the Bridgewater-Raritan Board withdrew its resolution.
Discussion
The Committee met three times, including twice via telephone conference call. The Committee identified several issues that may be contributing factors to the decline in attendance:
1. Two Delegate Assemblies v. One Delegate Assembly—School Board Members are very often some of the most involved community leaders in their towns, belonging to many different organizations that require great investments of personal time and energy. The Ad-Hoc Committee believes that one way to increase attendance at the DA would be to have one annual DA, rather than two, to decrease the time commitment needed from the delegates. As part of this inquiry, NJSBA requested that the National School Boards Association (NSBA) take a survey of other state school board associations. The NSBA received 30 responses to its survey. The survey revealed that 25 of the 30 responding state school board associations have just one delegate assembly per year. (see appendix)
2. The need for greater awareness and education of members/delegates about the importance of the NJSBA Delegate Assembly to the governance of the Association as well as the NJSBA policymaking process. The Ad-Hoc Committee members felt that one of the reasons for the low attendance numbers is the fact that there are board members that may not fully understand the importance of the Delegate Assembly and its procedures. NJSBA recently produced a video presentation for delegate training, which was shared with the Committee. This video has been posted on the NJSBA website since November 2007 along with a corresponding announcement in School Board Notes. Additionally, Member Services (formerly Field Services) staff have copies of the presentation on disc to help train members. As the May 2008 Delegate Assembly draws closer there will be additional announcements placed in School Board Notes and additional outreach by NJSBA staff.
3. The Delegate Assembly timelines. The Ad-Hoc Committee examined the timelines required for the preparation of the Delegate Assembly. The staff reported that the current process starts 75 days prior to the Delegate Assembly with the submission of resolutions. The Ad-Hoc Committee was concerned that this requirement may discourage boards from submitting resolutions on issues that are timely since resolutions must be submitted two and a half months prior to the time that the Assembly votes on an issue. However, it was shared that a certain amount of time is needed for preparation of resolution write-ups and distribution of materials to members. Also the Bylaws provide for emergency resolutions to be submitted within eight days of the Delegate Assembly meeting, so there is an existing mechanism to deal with emergent issues. Bylaws, Art. V, Sec. 7c.
Conclusions of the Committee
1. NJSBA should have only one Delegate Assembly a year.
a. The Committee believes that by having one DA, you may get greater attendance of the members since it will be the only regular meeting of the delegates (special meetings, if needed, would still remain in the Bylaws) thereby leading to a greater number of resolutions for consideration at that DA. This would create more interest among the members for their attendance. Additionally, when considering the NSBA survey results, it appears that over 80% of the respondents to the survey had only one DA a year. When holding one DA a year, it appears that most of the states that responded to the survey were able to achieve attendance rates of greater than 50%. If NJSBA was able to achieve an attendance rate of 50%, it would mean approximately 300 boards would be in attendance to take policy action.
b. The Committee believes that the NJSBA Board of Directors should set the date of this proposed annual Delegate Assembly on a date that is most likely to have the greatest attendance of the delegates. The Board of Directors sets the calendar for Association-wide activities and is uniquely qualified to set the date for the proposed annual DA.
2. Add an advocacy component on the same day as the DA.
This advocacy component would provide extra incentive to the delegates to attend the DA. This advocacy component would allow the members to hear about the latest news and initiatives of the NJSBA, including an update on its advocacy efforts. Further this would allow the attending members to be heard as well on the issues that their boards are handling that might not have been an issue at the time of the submission of resolutions to the DA. There would be no action at this advocacy component, but it would provide an opportunity for the delegates to discuss pressing issues of the moment with their NJSBA officers that are of concern but may not require Delegate Assembly action. This recommendation requires that the Board of Directors adopt a policy for inclusion in the Governance and Operations Manual.
3. NJSBA should increase its marketing and outreach efforts to get boards to attend the Delegate Assembly.
NJSBA produced a video presentation on delegate training in 2007. This video has been posted to the NJSBA website and announced in School Board Notes. Additionally, Member Services staff have copies of the presentation on disc to help train members. As the May 2008 Delegate Assembly draws near, there will be additional announcements placed in School Board Notes and additional outreach by NJSBA to remind members at programs.
Summary and Recommendations
The Delegate Assembly is the policymaking body of the NJSBA that represents every school district in the State. The policies that are decided by the Delegate Assembly provide the basis of all NJSBA action in the courts, Legislature and regulatory agencies. Attendance at Delegate Assemblies has declined significantly in the past fifteen years.
In order to reinvigorate and increase the attendance at the Delegate Assembly, the Ad-Hoc Committee on the Delegate Assembly makes the following recommendations:
The Ad-Hoc Committee on the Delegate Assembly proposes the following bylaws amendments for adoption by the Delegate Assembly. (Note that language in brackets is proposed for deletion and additional language is underlined).
Art. IV. Section 4: Regular Delegates Meetings There shall be [two] one regular
meeting[s] of the delegates to the Association in each year, which shall be
held [in the months of October/November/December and
May/June,] on a date
and [at a] time and place to be determined by the Board of Directors. In the
event an emergency exists, [which makes it infeasible to schedule a meeting
in one of the stated months, or in the event of an emergency] which
requires cancellation of an already scheduled meeting, the Board of Directors
shall fix the rescheduled time for said meeting. [no later than January, for a
meeting which would have been held in October/November/December,
and no later than July, for a meeting which would have been held in
May/June, and] [t]The business of the regular meeting shall be conducted
at that time.
[Section 5: Annual Meeting The May/June meeting of the delegates
shall be deemed the annual meeting of the Association.]
Art. X. Section 4: Finance Committee
a-c (No change)
d. The Finance Committee shall have the duty of preparing the annual
budget, which shall be submitted to the Board of Directors prior
to [the May/June] May 31 each year [delegates meeting]. In addition, the Finance Committee shall, from time to time, advise the Board of Directors on all
matters affecting the finances of the Association.
e. (No change)

AD HOC COMMITTEE TO STUDY THE DELEGATE ASSEMBLY
CHAIR: Daniel Sinclair, Wanaque Board of Education (
Charles A.
Allbee,
James A Fife, Harrison Board of
Education (
Hillary
Garr, Eastern Camden
Janet Lucas
Esq.,
Richard
Snyder, Ramsey Board of Education (
William
Whelan,
EX-OFFICIO: Kevin E. Ciak, President,
Sayreville
Board of Education,
STAFF: John J. Burns, Esq.,
Counsel (jburns@njsba.org)
Phone:
(609) 695-7600
Fax: (609) 695-0413
800 #:
1-888-88NJSBA
BYLAWS AMENDMENT NO. 1
NEW
1-888-886-5722
SEMIANNUAL DELEGATE ASSEMBLY
November 17, 2007
The following resolution was received from the
WHEREAS, The number of eligible boards attending at any given Delegates Assembly is a fraction of boards who could attend; and
WHEREAS, The time required for board members to fulfill their regular duties is extensive and as the only persons allowed to represent their boards may find attendance difficult; and
WHEREAS, High participation would give the actions of the Assembly greater weight with state officials and legislators; now therefore be it
RESOLVED, That Article IV, Section 2 of the NJSBA Bylaws be replaced with the following:
Section 2: Each district board shall be represented in the Association by one delegate or alternate who meets one of the following criteria:
1) a member of the Board
2) a resident of the district who possesses all the legal qualification to be a board member but is not and has served at least one year as a board member in New Jersey
3) a person who is serving as a delegate for another district from another board in the same county, provided that no delegate shall vote more than three (3) such proxies
4) each board shall elect its representative or authorize its own President to appoint a delegate in accord with its policy
The NJSBA President shall promulgate rules for representatives from state operated districts.
2) That the last sentence of Article IV Section 3 be removed [A certified delegate may represent and vote on behalf of only one board of education.]
3) That a new section be added to Article IV as follows:
The President shall appoint a committee to set up procedures and suggest bylaw changes to replace special delegates meetings with remote electronic voting. and, be it further
RESOLVED, That this resolution be placed on the agenda for consideration at the November 17, 2007 Delegate Assembly.
Adopted at a regular meeting of
The Bridgewater-Raritan Board
of Education on August 28, 2007.
________________________
Peter Starrs
Board Secretary
ATTACHMENT A
6/1992
thru 11/2007
*June 12, 1992 286 21
December 12, 1992 167 21
June 12, 1993 217 21
December 11, 1993 209 21
*June 11, 1994 203 21
December 10, 1994 198 21
June 10, 1995 187 20
November 18, 1995 173 21
*May 18, 1996 185 21
November 16, 1996 178 21
May 17, 1997 141 21
November 22, 1997 189 21
*May 16, 1998 170 21
November 14, 1998 148 21
May 15, 1999 151 21
November 20, 1999 162 21
*May 20, 2000 187 21
November 18, 2000 141 21
May 19, 2001 169 21
November 17, 2001 159 21
*May 18, 2002 154 20
November 16, 2002 141 21
May 17, 2003 144 20
November 22, 2003 159 20
*May 15, 2004 147 21
November 22, 2004 159 20
May 14, 2005 118 20
November 19, 2005 136 20
*May 20, 2006 132 19
November 18, 2006 131 20
May 19, 2007 125 19
November 17, 2007 117 19
* Officer elections
ATTACHMENT B