UPDATE ON CURRENT LEGISLATIVE ISSUES

Over the weekend, we learned that the Assembly Budget Committee was going to consider two bills at Monday afternoon’s committee meeting. Yesterday, the committee released those two bills.

A-3688 would reduce the PERS employer pension contribution over the next three years. Under the bill, school districts would contribute up to $75 million less to PERS this year. The bill is very similar to S-7, which the Senate considered but did not pass late last year. NJEA opposed this bill because it continues irresponsible pension funding practices at a time when the state had just begun to return to sound funding practices after many years of neglect.

A-3650 directs the Commissioner of Education to withhold from districts state aid payments an amount equal to the districts’ savings from the proposed pension deferral. NJEA opposes this bill because it negatively modifies the new school funding formula during its very first year of implementation, and because it reduces critically-needed aid for districts across the state

While NJEA opposes each bill individually on its merits, the combined effect of the two bills is even more objectionable. In short, the bills would allow districts to “save” $75 million in pension contributions, but would then take that $75 million from them in the form of reduced state aid. The bills would leave districts with no additional funds to save jobs or programs, while increasing the unfunded liability of the pension system. The combined effect of the bills is that the state would essentially take $75 million from the PERS pension fund to pay its current operating expenses.

NJEA testified against both bills yesterday, and will continue to lobby and testify against them should they proceed to a vote in the full Assembly. We urge you to contact your legislators and ask them to oppose both A-3688 and A-3650.

IMPORTANT TITLE 6 CODE CHANGE

The Region 3 UniServ office would like to call your attention to a code change which has significant impact to our membership. The code change is part of Title 6A and reads as follows:

Arrest Reporting Requirements for Certificated Staff, N.J.A.C. 6A:9-17.1(c), a new subsection, requires that certificate holders report to their superintendent within 14 days if they are arrested or indicated for any crime or offense by any jurisdiction, and to report within seven days the final disposition of such charges. In addition, this proposed new section would require school districts to make the reporting requirements known to certificate holders. The new subsection reads as follows:

(c) All certificated holders shall report their arrest or indictment for any crime or offense to their superintendent within 14 calendar days. The report shall include the date of arrest of indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to their superintendents the disposition of any charges within seven calendar days of disposition. Failure to comply with these reporting requirements may be deemed "just cause" pursuant to N.J.A.C. 6A:9-17.5. School districts shall make these requirements known to all new employees and to all employees on an annual basis.

There are several key points.

• Some school districts have started to circulate the memo to satisfy the notice requirement that is noted in the new section.
• It applies to all certificate holders - not just those who are in a position requiring a certificate.
• Failure to comply with this new reporting requirement constitutes "just cause" pursuant to 6A:9-17.5.
• N.J.A.C. 6A:9-17A is the section of code that authorizes the Board of Examiners to issue an order to show cause as part of a certificate revocation proceeding.
• The State Board of Examiners is not an agency that you want to have control over your professional life.
• Note "any crime" means the arrest could be as simple as unpaid parking tickets.

As you can see, there could be serious consequences as a result of this new requirement. It is important that all members be notified of this change. Urge members to work through the association from the very beginning on these issues.

It is our understanding that it went into effect January 5, 2009. As always, feel free to contact this office with any questions you may have or for assistance with defending members on this matter.

January 20th Inauguration

Welcome back and Happy New Year!

As you know, the inauguration is right around the corner on January 20th. If you have any activities/assemblies/etc. planned in your district around the inauguration, please contact this office ASAP or contact Kathy Coulibaly, NJEA Communications Division, directly at kcoulibaly@njea.org or call her at 609-599-4561 extension 2316.