Chief School Administrator Frequently Asked Questions

NEGOTIATING THE CONTRACT: HIRING / RENEWAL OF THE CHIEF SCHOOL ADMINISTRATOR

This document has been prepared as an aid to assist boards in making a decision to hire or rehire a chief school administrator, also known as a superintendent. While no document of this type can answer every possible question, an effort has been made to include some of the most common questions board members might have regarding the superintendents hiring, contract provisions, evaluation, and dismissal. The information contained in this document is current through April 2008 and includes contractual provisions required by the School District Accountability Act (A5). The reader should be advised that in May 2008, the Commissioner proposed new regulations that could substantially alter the information contained in this document. However, the effective date and final form of the proposed regulations is not known at this time. Please contact NJSBA and/or the executive county superintendent for the most recent update before relying on this sample contract during negotiations.

This document is for informational purposes only. Nothing in this document should be construed as legal advice. The board is strongly encouraged to seek the advice of the board attorney before taking any action based on the information contained in this document.

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Prior to Employment........................................................................................................... 4 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. What type of vote is needed to appoint the chief school administrator? .... 4 Who establishes the terms of the contract?................................................. 4 What is the mandatory length of the CSAs appointment?......................... 4 What are the qualifications necessary to become a CSA?.......................... 4 What are the qualifications for the CSA in an Abbott District? ................. 4 What are standard benefits for CSAs? ........................................................ 5 Should the CSAs contract be aligned with the teachers contract? ........... 5 Should an annual increase provision be included in the contract? ............. 5 To whom are CSA sick days and vacation days reported?......................... 5 How many vacation days should be granted to the CSA? ...................... 6 How many personal days should be granted to the CSA? ...................... 6 Can school districts share CSAs? ........................................................... 6 Who evaluates a shared CSA? ................................................................ 6 Should the board pay for memberships in professional organizations? . 6

Employment Rights ............................................................................................................ 7 15. 16. 17. 18. 19. 20. 21. How often must the board evaluate the CSAs performance?................ 7 What if the board fails to complete the evaluation by April 30? ............ 7 How can the board ensure improvement in the CSAs performance?.... 7 Can the board place the CSA on suspension?......................................... 8 Can the board reopen and renegotiate a contract? .................................. 8 Can the board exclude the CSA from evaluation deliberations? ............ 8 Must the board vote to approve the CSAs evaluation? ......................... 8

Employment Duties/Obligations......................................................................................... 8 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Is the CSA a member of the board? ........................................................ 8 How often must the CSA report to the board?........................................ 9 Does the CSA have the authority to transfer staff?................................. 9 Does the CSA have the authority to renew staff? ................................... 9 Does the CSA have the authority to suspend staff members? ................ 9 Does the CSA have the authority to remove an employee?.................... 9 Does the CSA have the authority to determine a students residency? 10 Does the CSA have the authority to excuse a students absence? ........ 10 Does the CSA have the authority to suspend a student?....................... 10 Does an Abbott CSA have any additional duties? ................................ 10

Renewal............................................................................................................................. 11 32. 33. 34. When must the board give the CSA notice of non-renewal?................ 11 Must the board give public notice of renegotiation? ............................ 11 Can the board offer a different term from the original contract?.......... 11

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Chief School Administrator Frequently Asked Questions 35. 36. 37. 40. 41. 42. 43. 44. Can the board renew a contract for less than three years?.................... 11 Can the board extend a CSAs contract by one year?........................... 11 Is the CSA entitled to written notice of non-renewal?.......................... 11 Is the CSA entitled to a statement of reasons for a non-renewal? ........ 12 Does the CSAs renewal have to be listed on the agenda? ................... 12 Does the vote to non-renew take place in public or private?................ 12 When can a board hire a new CSA? ..................................................... 13 Is notice of employment to the public required? .................................. 13

Termination....................................................................................................................... 13 45. 46. 47. Can the board terminate the CSAs contract?....................................... 13 What are the grounds for dismissal of a CSA? ..................................... 14 Must the board notify the Commissioner of early termination? ........... 14

Pension Rights .................................................................................................................. 14 48. Can the board hire a retired CSA to act as a district consultant?.......... 14 49. What type of compensation is credited toward the CSAs retirement and death benefits in the Teachers Pension and Annuity Fund system?................ 14

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Prior to Employment
1. What type of vote is needed to appoint the chief school administrator?
The board must appoint the chief school administrator (CSA) by a recorded roll call majority vote of the full membership of the board.

2. Who establishes the terms of the contract?

The initial terms and conditions of the employment contract between the board and the chief school administrator are determined by the board and the CSA. The agreed upon terms should be maintained for the life of the contract. However, where both parties agree to revise the contract terms, the board must comply with the notice provisions of P.L. 2007 c. 53, The School District Accountability Act. The board must provide 30-day notice of a public hearing on the proposed revisions and 10-day notice of any public action to revise the agreement. Boards may mutually agree to provide additional benefits or compensation during the life of the CSA's contract, but if an agreement is not possible, an individual board may do so unilaterally based upon the CSA's performance and the needs of the district. The responsibility for the cost of the additional benefits shall rest solely with that individual board.

3. What is the mandatory length of the CSAs appointment?

Type I or Type II districts may appoint the CSA to a contract lasting at least three, but not more than five years. While there is no statutory provision regarding the start of the contract, all CSA contracts must terminate on July 1.

4. What are the qualifications necessary to become a CSA?

In order to serve as a CSA in New Jersey, the candidate must hold a masters degree in a program of management and leadership, pass of The Praxis Test for Educational Leadership: Administration and Supervision and then complete a three-tiered qualification process. The candidate must: a) obtain a certificate of eligibility (CE); b) obtain employment in a public school in a position requiring a school administrators certificate on a provisional basis; and, c) complete a two-year residency program. Other prerequisites are found on the Commissioners website.

5. What are the qualifications for the CSA in an Abbott District?

The Board must assure the appointment and regular performance review of a highly qualified CSA and be guided by the Professional Standards for the Superintendency. The Professional Standards have been incorporated into code by reference and may be obtained from the New Jersey Department of Education, Division of Abbott Implementation, 100 River View Plaza, PO Box 500, Trenton, N.J., 08025-0500 or found on the Department's website at www.state.nj.us/education.

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Chief School Administrator Frequently Asked Questions

6. What are standard benefits for CSAs?

While there are no statutorily defined benefits specifically for CSAs, typical agreements between boards and CSAs throughout the state usually address: extensions or renewals, contract termination, professional certification and responsibilities, performance and evaluation, and compensation, as well as leaves of absence, professional development, and individual or family health benefits.

7. Should the CSAs contract be aligned with the teachers contract?

The board should be cautious when seeking to relate the CSAs contract to that of any bargaining unit in the district. By marrying the CSAs contract to a union contract, the board creates a link between the contracts that would create a conflict for the CSA for negotiations purposes.

8. Should an annual increase provision be included in the contract?

A contractual provision providing for a guaranteed annual increase could limit the boards ability to deny an increase for unsatisfactory performance or in times of uncertain district financing. The compensation provision should provide that salary increases be determined by the board based on the CSAs performance and the needs of the district. Due consideration should be given to the boards compensation philosophy and its practical need to remain competitive.

9. To whom are CSA sick days and vacation days reported?

There is no statute or regulation that addresses this particular question, therefore, this issue should be addressed in the CSAs contract as well as in district policy. Generally, vacation days should be scheduled during times when school is not in session and should be reported to the board in advance; the board may also consider contract language requiring either board approval or approval of the board president in advance of the vacation. Additionally, the CSA should bear the responsibility of reporting vacation time to the business office so that it may be recorded appropriately. Similarly, the CSAs use of sick days should be properly reported to the business office. In this way, the accrual and use of sick and vacation days are properly recorded. The State Commission of Investigations (SCI), in a March 2006 report, recommended that all employee sick leave be limited to 15 days annually to comport with the leave granted to public employees at the state level. It is important to note that N.J.S.A. 18A:30-2 provides all district employees with a minimum of ten sick days per year. Additionally, N.J.S.A. 18A:30-7 gives boards the right to grant an additional 15 leave days to board employees. The SCI recommended that upon a CSAs retirement, boards grant no more than 50% of accumulated but unused sick days and that total reimbursement for unused sick days be capped at $15,000. The SCI also recommended that boards decline to pay employees for accumulated but unused sick leave except upon an employees retirement.

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10. How many vacation days should be granted to the CSA?

No state statute addresses the number of vacation days that the CSA should receive. The SCI report recommended not more than 25 vacation days after 20 years of continuous service. The SCI further recommended that only one-years worth of vacation days be carried into the next year. Finally, the SCI recommended that upon retirement, payment of unused vacation days be limited to the current years balance and the unused days from the prior year. While the SCI recommendations may represent best practices, boards are not statutorily required to implement such limitations. Furthermore, the implementation of such limitations may hamper a boards flexibility in negotiating to employ the most suitable CSA candidate.

11. How many personal days should be granted to the CSA?

As in number 10 above, no state statute addresses the number of personal days that a CSA should receive. The SCI report recommended limiting personal days to three per year with no carry forward or conversion to other types of leave. The SCI also recommended against granting compensatory time in-lieu of leave.

12. Can school districts share CSAs?

Yes, two Type II districts may apply to the county superintendent or county superintendents as the case may be, if the school districts are in different counties, to share a CSA. Upon the approval of the county superintendent, the Commissioner and the State Board, the local districts may appoint a shared CSA by following the procedures outlined in N.J.S.A. 18A:17-24.1.

13. Who evaluates a shared CSA?

Pursuant to N.J.S.A. 18A:17-24.7, each district shall ensure that the shared CSA is evaluated individually in that district, in accordance with statute and regulation.

14. Should the board pay for memberships in professional organizations?

The board is not obligated to pay professional dues for the CSAs membership in professional organizations such as the New Jersey Association of School Administrators (NJASA), the American Association of School Administrators (AASA), or county associations. However, where the board requires such membership because it deems such memberships important to the goals of the board, the board often agrees to pay the membership dues. The SCI has advised boards that payment of such memberships may be considered income for I.R.S. purposes.

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Employment Rights
15. How often must the board evaluate the CSAs performance?
Every board must evaluate the performance of the CSA at least once a year. Each evaluation must be in writing, a copy must be provided to the CSA and the CSA and the board must meet to discuss the findings. The evaluations must be based upon the goals and objectives of the district, the responsibilities of the CSA and such other criteria as the State Board of Education has established pursuant to regulations. Any contract must provide for an annual evaluation and may provide for additional evaluation criteria or procedures that are consistent with the regulations of the State Board.

16. What if the board fails to complete the evaluation by April 30?
Boards that fail to complete the evaluation by April 30 should complete the evaluation as soon as possible. The boards failure to comply with this requirement could ultimately result in the imposition of sanctions against the board, including a comprehensive compliance investigation and/or an order of corrective action. Failure to evaluate the CSA will also result in a negative evaluation on the New Jersey Quality Single Accountability Continuum (NJQSAC) District Performance Review. Pursuant to the Governance section of the proposed District Performance Review document associated with N.J.A.C. 6A:30-1 et seq., the board is required to: Have a policy in place to evaluate the CSA annually as required by N.J.S.A. 18A:17-20.3; Annually review and revise, an evaluative instrument that is based on the goals and objectives of the district; Ensure that the evaluation is based on the adoption of goals and performance measurements reflects that the highest priority is given to student achievement and attention to subgroup achievement; and Execute a contract with the Chief School Administrator that provides for the annual evaluation and includes evaluation criteria and procedures.

Boards having difficulties in meeting the regulatory deadline should contact the county superintendent to request an extension.

17. How can the board ensure improvement in the CSAs performance?
The board is not statutorily obligated to ensure improvement in the CSAs performance, but instead is obligated to evaluate that performance. Every school board is obligated to evaluate the CSA annually. A board that is dissatisfied with the CSAs performance or improvement should ensure that the CSAs annual evaluation is based on the achievement of district goals and objectives as established in that evaluation.

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18. Can the board place the CSA on suspension?

Yes, the board may suspend the CSA pending an internal investigation or upon the certification of tenure charges to the Commissioner. Where tenure charges are filed, the first 120 days of the suspension may be without pay, however, on the 121st day, the board must begin salary payments. Where the suspension is based on a criminal indictment, the CSAs salary may be suspended indefinitely.

19. Can the board reopen and renegotiate a contract?

The parties to an agreement generally have the right to mutually reopen and renegotiate an existing contract. However, it is not clear that a board could unilaterally mandate that the CSA re-negotiate the terms of an existing contract. Notwithstanding the ability to renegotiate an existing agreement, the attempt to re-negotiate has both advantages and disadvantages. Board members are urged to consult with the board attorney for a complete discussion on the advantages and disadvantages of re-negotiation. As noted above, in question #2, where the parties agree to renegotiate the board must comply with the notice provision of the School District Accountability Act.

20. Can the board exclude the CSA from evaluation deliberations?
No statute or regulation addresses this question, so it is left to board policy. Obviously, boards need to discuss the evaluation in order to agree as a body on the annual evaluation. From a practical standpoint, it may be difficult for a free and open exchange of ideas while the CSA is present. However, the CSA is a non-voting member of the board. As such, the CSA has the right to attend all meetings of the board. In this situation, the CSA has a conflict of interest and may be excused on that basis.

21. Must the board vote to approve the CSAs evaluation?

A majority of the board must prepare the evaluation and a majority must meet with the CSA to discuss the evaluation. No statute explicitly requires that the board take a formal vote, but the language of N.J.S.A. 18A:17-20.3 requires the board to evaluate the superintendents performance each year. A formal vote would certainly establish a majority, but it is not the only available method of determining a majority. For example, a consensus would also provide the necessary majority.

Employment Duties/Obligations
22. Is the CSA a member of the board?
Yes, the CSA has a seat on the board, with the right to speak on all matters, but serves in a nonvoting capacity as a member of board of education. However, a recent School Ethics Commission decision has held that the CSA is not a board member for School Ethics Act or Code of Conduct purposes. Doren v. LaPrete, (SEC, 2006: Sept. 26).

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23. How often must the CSA report to the board?

According to N.J.S.A. 18A:17-20, the CSA is required to report to the board from time to time, to, and as directed by, the board on the educational program and facilities of district. Therefore, board policy dictates the frequency of such reports. Boards commonly require such reports to be submitted monthly.

24. Does the CSA have the authority to transfer staff?

Pursuant to N.J.S.A. 18A:27-4.1.a, only the board has the authority to appoint, transfer or remove an employee, but may only do so upon the recommendation of the CSA. The appointment, transfer, or removal must take place by a recorded roll-call majority vote of the full membership of the board. The board however, may not withhold its approval for arbitrary and capricious reasons. Generally, transfers within a building are not considered transfers within the statutory intent.

25. Does the CSA have the authority to renew staff?

Not unilaterally. The CSAs renewal authority is distinct from the appointment, transfer, or removal authority. The board of education may only renew the employment contract of staff upon the recommendation of the CSA. However, a non-tenured employee who is non-renewed by the CSA is deemed non-renewed without any board action. The board must vote to renew by a recorded roll-call majority vote of the full membership of the board, and may not withhold its approval for arbitrary of capricious reasons.

26. Does the CSA have the authority to suspend staff members?
The CSA has the authority to suspend any assistant superintendent, principal or teaching staff member with the consent of the board president, but must report such suspension to the board forthwith. The board must then take action to restore the suspended employee or initiate tenure proceedings. Arguably, the above provision does not apply to employees other than those listed in the statute, so the CSA may not have the authority to suspend janitors unless the board has established rules allowing for the suspension of janitors pursuant to N.J.S.A. 18A:17-41 and the collective bargaining agreement.

27. Does the CSA have the authority to remove an employee?

The CSA may appoint, and pursuant to the provisions of N.J.S.A 18A:17-1 through 17-4, may remove, clerks in his office but the number and salaries of such clerks shall be determined by the board.

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Chief School Administrator Frequently Asked Questions Non-tenured clerks may only be removed pursuant to the provisions of their contracts and tenured clerks may only be removed pursuant to the Tenure Employees Hearing Act; N.J.S.A. 18A:6-9 et seq.

28. Does the CSA have the authority to determine a students residency?
Yes, if the CSA finds that the parent or guardian of a child is not domiciled within the district and the child is not kept in the home of another person domiciled within the school district and supported by him gratis as if the child was the person's own child, the CSA may apply to the board of education for the removal of the child. The parent then must establish domicile or an exception thereto before the board by a preponderance of the evidence; the parent then has the right to appeal to the Commissioner. The child may not be removed from the district during the pendency of the parents appeal to the Commissioner.

29. Does the CSA have the authority to excuse a students absence?
The CSAs authority to excuse a student absence is limited to situations where a pupil serves as a member of a district board of election on the day of any election. If the student has attended required instructional sessions related to such membership, the student shall have his or her absence for those reasons recorded as excused absences on that pupil's attendance record upon the presentation of such documentation as the CSA deems necessary.

30. Does the CSA have the authority to suspend a student?

Not directly. The principal may suspend any pupil from school for good cause but such suspension shall be reported forthwith by the principal to the CSA. The CSA must report the suspension to the board of education of the district at its next regular meeting. The principal or CSA may reinstate the pupil prior to the second regular meeting of the board held after such suspension unless the board shall reinstate the pupil at the first regular meeting.

31. Does an Abbott CSA have any additional duties?

Yes, all Abbott school districts should create a planning team to address issues of greater academic rigor, personalization, and professional development, as well as implications on budget and facility needs. The planning team should be comprised of the district CSA, the person responsible for curriculum and instruction, business administrator and representative secondary school principals, language arts and math content supervisors, school counseling staff, teachers, a parent/community individual, and a member of the school district board of education. Additionally, a school that is having difficulty with implementation of the whole school reform model must convene the CSA, principal and school management team to discuss issues; and to determine, in consultation with the school resource and improvement team and whole school reform model developer, necessary next steps based on the needs of the school; and to explore all possible options for addressing identified needs, including application to the Department for approval to select another whole school reform model. According to P.L.2007, c. 53, P.L.2007, c. 53, the School District Accountability Act (A5), the CSA must complete training in school law, ethics, and school governance.
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Renewal
32. When must the board give the CSA notice of non-renewal?
The CSA must receive notice of non-renewal or appointment to a different term at least one year prior to the termination of the existing contract. Therefore, if the contract is set to terminate on July 1, 2006, the board must provide notice of non-renewal by June 30, 2005. If timely notice is not provided, the CSA is automatically reappointed to a new contract with substantially similar terms and conditions.

33. Must the board give public notice of renegotiation?

Yes. Whenever a board seeks to renegotiate, extend, amend, or alter a contract with the CSA, assistant CSA, or school business administrator, 30 days advance notice must be given. The board must also provide a public hearing and 10 days advance notice of the hearing.

34. Can the board offer a different term from the original contract?
The board may reappoint the CSA to a different term so long as notice is given to the CSA at least one year prior to the termination of the existing contract.

35. Can the board renew a contract for less than three years?
No. CSAs who are appointed after August 24, 1991 must be appointed to a term of between three and five years. Pursuant to N.J.S.A. 18A:17-20.2, the CSA is automatically re-appointed to a term of the same duration as the previous contract, unless the board appoints the CSA to a different term of between three and five years at least one year prior to the termination of the current contract.

36. Can the board extend a CSAs contract by one year?

A board of education is not authorized to enter into less than a three-year contract with the CSA. However the Commissioner has determined that a board of education has the authority to rescind an initial agreement with the CSA prior to its conclusion and vote to reappoint the CSA to a new contractual term of between three and five years.

37. Is the CSA entitled to written notice of non-renewal?

The CSA is automatically reappointed to the same term as the previous contract unless the board either appoints the CSA to a different term or provides notice of non-renewal in writing one year prior to the contracts termination. Therefore, the boards failure to provide written notice is fatal to the boards non-renewal effort. If the board reasonably believes that it must remove the CSA, its removal options are limited to: suspending the CSA, filing tenure charges, if appropriate, or negotiating a buy-out.

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Chief School Administrator Frequently Asked Questions When non-renewing the CSA, the board should be certain to pass a resolution to that effect in order to clearly establish the date of formal board action.

40.

Is the CSA entitled to a statement of reasons for a non-renewal?

N.J.S.A. 18A:27-3.2 provides that any teaching staff member (which includes the CSA) who receives notice of non-renewal may request a written statement of reasons for the non-renewal. Consequently, a board should be prepared to provide a written statement of reasons for the CSAs non-renewal, if so requested. Generally, any non-renewal should be based on objective factors such as the CSAs failure to meet goals and objectives as established in the CSAs annual evaluation. Relating the decision to non-renew to that instrument not only allows the board to fairly evaluate the CSAs performance, it also provides a support for the ultimate decision to renew or not.

41. Does the CSAs renewal have to be listed on the agenda?

Pursuant to the Open Public Meetings Act, no public body may conduct a meeting unless adequate notice has been provided to the public. Adequate notice is defined as, written advance notice of at least 48 hours, giving the time, date, location, and, to the extent known, the agenda of any regular, special or rescheduled meeting. Where the board knows that the CSAs renewal is a discussion item, the matter should be listed on the agenda. However, failure to list the item on the agenda does not invalidate the boards reappointment, unless it can be shown that the board deliberately omitted the item from the agenda.

42. Does the vote to non-renew take place in public or private?

The CSAs employment status is a matter falling within the ambit of the Open Public Meetings Act. Therefore, the board may exclude the public from: Any matter involving the employment appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee public body or current public officer or employee employed or appointed by the public body unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matters or matters be discussed at a public meeting. Therefore, the act allows the discussion of the CSAs non-renewal to take place in closed session. However, the statute does not provide that the vote take place in closed session. Neither the non-renewal provision of N.J.S.A. 18A:17-20.1, nor the dismissal provision of N.J.S.A. 18A:17-20.2 addresses the issue of public action; unlike the exception in N.J.S.A. 18A:6-11, of the Tenure Employee Hearings Act, which specifically directs that board deliberations and actions shall not take place at a public meeting. Therefore, while discussion and deliberation may take place in closed session, the actual vote must take place in open session. It should also be noted that the CSAs contract is a public document. The contract should contain all of the provisions that are pertinent to the employment relationship, including duties and compensation and should clearly indicate all of the compensation the CSA is receiving
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Chief School Administrator Frequently Asked Questions whether that compensation is through direct monetary payments or through some other type of benefit or contribution. The School District Accountability Act requires that the essential terms of the contract be submitted with the proposed budget and posted to the district website.

43. When can a board hire a new CSA?

The Appellate Division has held that an existing board does not have the authority to appoint a new CSA where the appointees term would not take effect until after the term of the existing board expired. By doing so, the existing board would forestall the rights and obligations of the successor board and as such, its appointment would be void.

44. Is notice of employment to the public required?

Yes. According to P.L.2007, c. 53, the School District Accountability Act (A5), annually, a district must submit, with the budget, the following regarding the CSA, assistant CSA, the school business administrator, and any employee with an annual salary in excess of $75,000 who is not a member of a collective bargaining unit: i. ii. A detailed statement of the contract terms, including the contract term and all forms of compensation; The annualized cost of all benefits provided to these employees, including all allowances, bonuses, stipends, contributions towards health, dental, life, and other types of insurance, medical and reimbursement plans, and retirement plans that exceed the contributions for the cost of these items made on behalf of a teaching staff member under a collective bargaining agreement; A detailed statement of any benefits to be conferred upon or after separation of employment; and A detailed statement of any form of in-kind or other remuneration provided to these individuals that is not otherwise included in the employees salary or benefits.

iii. iv.

Termination
45. Can the board terminate the CSAs contract?
Pursuant to N.J.S.A. 18A:17-20.2, the CSA has the right not to be dismissed or reduced in compensation for the term of his contract unless tenure charges have been certified to the Commissioner. Notwithstanding this statutory limitation, a board may choose to buy-out a CSAs contract under the right conditions.

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46. What are the grounds for dismissal of a CSA?

The grounds and procedures for the dismissal of the CSA are the same as those for the dismissal of any other tenured employee. Pursuant to N.J.S.A. 18A:17-20.2, during the term of any employment contract with the board, a CSA shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming a CSA or other just cause and then only in the manner prescribed by N.J.S.A. 18A:6-9 et seq. According to P.L.2007 c. 53, the School District Accountability Act (A5), the CSAs contract must contain a provision that explicitly states that in the event the CSAs certification is revoked, the contract becomes null and void as of the date of revocation. Additionally, if the district provides the Commissioner with information that causes the Commissioner to believe that the CSA has engaged in conduct that warrants revocation of the CSAs certification, the Commissioner must recommend revocation to the Board of Examiners. If conditions exist within a district that require the appointment of a state monitor, the Board of Examiners must review the CSAs certification.

47. Must the board notify the Commissioner of early termination?

Yes. If a board negotiates an early departure with the CSA that calls for payment to the CSA as a condition of early termination, the board must submit that agreement to the Commissioner for approval. Compensation includes salary, allowances, bonuses, stipends, payments for accumulated sick or vacation leave, contributions toward health, dental, and life insurance, medical reimbursement plans, retirement plans and any in-kind or other form of remuneration.

Pension Rights
48. Can the board hire a retired CSA to act as a district consultant?
Yes, but, pursuant to N.J.S.A.18A:66-53.2, if a former member of the retirement system who has been granted a retirement allowance for any cause other than disability, becomes employed again in a position which makes him eligible to be a member of the retirement system, his retirement allowance and the right to any death benefit as a result of his former membership, shall be cancelled until he again retires.

49. What type of compensation is credited toward the CSAs retirement and death benefits in the Teachers Pension and Annuity Fund system?
According to the New Jersey Department of the Treasury, Division of Pensions and Benefits, the compensation of a TPAF member that is subject to pension and group life insurance contributions and creditable for retirement and death benefits in the system is limited to base salary and does not include extra compensation.
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Chief School Administrator Frequently Asked Questions The SCI, reported negatively on practices that would supplement pre-retirement income such as:

Payments for cashing-in of unused sick, vacation and/or personal leave; Payments in lieu of overtime; Cash bonuses; Tax-deferred annuities and trusts; Payments for cashing-in of unused sick, vacation and/or personal leave; Payments in lieu of overtime; Payments for length of service (longevity); Stipends for travel, meals and miscellaneous expenses; Reimbursement of disability insurance payroll deductions; Reimbursement for opting out of a districts group employee health insurance plan; Salary increments or adjustments in express recognition of an impending retirement; and Reimbursement of employee contributions to the TPAF system.

Boards should ensure that all payments to CSAs comport with standards set forth it the manual issued annually by the Division of Pensions and Benefits. In addition, the SCI report recommended that school districts, through their boards of education, should be made financially responsible to the pension fund for any unfunded pension cost liability resulting from any violation of pension system rules and regulations. The SCI also recommended that school districts should be required to certify that no disallowed compensation has been included in total amounts submitted to the New Jersey Division of Pensions and Benefits. The SCI report reminded boards that intentional violations of state pension system standards and rules are subject to possible criminal prosecution under N.J.A.C. 17:3-4.1, which provides for referral of such matters to the Office of the Attorney General. Such violations should also be subject to appropriate civil penalties. Accordingly, the SCI report recommended that school districts, through their boards of education, should be made financially responsible to the pension fund for any unfunded pension cost liability resulting from any violation of pension system rules and regulations. Finally, SCI recommended that all school district administrative personnel and members of boards of education should be trained on a periodic basis with regard to the types of compensation that are disallowed by law or regulation for purposes of calculating pension awards. Click here to access the full text of the SCI report.

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