FINAL REPORT

OF THE

AD HOC COMMITTEE TO STUDY THE DELEGATE ASSEMBLY

BY

DANIEL SINCLAIR, CHAIRPERSON

 

Prepared for the Annual Delegate Assembly

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.

 

Materials Provided

 

The NJSBA staff provided the following materials to the Committee:

 

  1. Bridgewater-Raritan resolution (Attachment A)
  2. DA attendance totals for the last fifteen years (Attachment B)
  3. Results of NSBA survey on other state school board associations’ delegate assemblies (Attachment C)
  4. NJSBA budget sheet for the Delegate Assemblies (Attachment D)
  5. DA training video

 

Background

 

The NJSBA received a resolution from the Bridgewater-Raritan School District that sought to do two things. First, it sought to replace language in the Bylaws of the New Jersey School Boards Association to allow proxy voting by someone who may not be a member of the board he or she is representing as a delegate at the Delegate Assembly (DA). Second, the resolution sought to change the Bylaws to set up a committee to study remote electronic voting that would be used in place of special Delegate Assembly meetings.

 

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:

 

  1. The NJSBA should have one annual Delegate Assembly held at a time determined by the Board of Directors.  Reducing the number of meetings per year will increase the importance of the Delegate Assembly.  This recommendation will require a change in the NJSBA Bylaws.

 

  1. NJSBA should add an advocacy component to be held on the same day in conjunction with the Delegate Assembly.  This component would be a time for the members to hear from the NJSBA about its various recent advocacy efforts and for NJSBA to hear from the members on issues of pressing concern that do not require DA action. This recommendation can be implemented without action of the Delegate Assembly.

 

  1. NJSBA should increase its marketing and outreach efforts to boards, informing them of the importance of the Delegate Assembly and the need for their attendance.  These efforts should include further outreach at New Board Member Orientation programs, all training programs, various field visits and other events as determined by NJSBA. This recommendation can be implemented without action of the Delegate Assembly.

 

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 (Passaic)

                                    Charles A. Allbee, Evesham Township Board of Education (Burlington)

                                    James A Fife, Harrison Board of Education (Hudson)

                                    Hillary Garr, Eastern Camden County Regional (Camden)

                                    Janet Lucas Esq., Hampton Township Board of Education (Sussex)

                                    Richard Snyder, Ramsey Board of Education (Bergen)

                                    William Whelan, Cumberland Regional Board of Education (Cumberland)

                                   

EX-OFFICIO:              Kevin E. Ciak, President, New Jersey School Boards Association

                                    Sayreville Board of Education, Middlesex County

                                   

 

STAFF:                       John J. Burns, Esq., Counsel (jburns@njsba.org)

                                    Barbara Deveney, Administrative Assistant   (bdeveney@njsba.org)

                                    New Jersey School Boards Association

                                    413 West State Street, P.O. Box 909

                                    Trenton, New Jersey   08605-0909

                                    Phone:  (609) 695-7600               Fax:  (609) 695-0413      

                                    800 #:  1-888-88NJSBA

 



                                                                                    BYLAWS AMENDMENT  NO. 1

 

NEW JERSEY SCHOOL BOARDS ASSOCIATION

 

P.O. Box 909                                                                           413 West State Street

1-888-886-5722                                                                      Trenton, NJ  08605-0909

 

SEMIANNUAL DELEGATE ASSEMBLY

November 17, 2007

 

The following resolution was received from the

Bridgewater-Raritan Regional School District (Somerset)

 

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


DELEGATE ATTENDANCE

6/1992 thru 11/2007

 

Date                                          Attendance                                       Counties

 

*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