Legal Assistance Policy

The NJPSA assists in defending members in employment related cases to assure that the member’s employment rights remain unabridged, including enforcement actions where a board of education has failed to comply with a court or agency order and/or with its statutory obligation to indemnify the member. The legal services of the Association shall not include providing a legal defense to criminal charges or legal claims against boards of education seeking money damages or workmen’s compensation matters.

Criteria for Assistance

NJPSA legal services are available to premier or organization NJPSA members who are members for at least three months prior to the claim for which legal services are needed. Members receiving NJPSA legal representation are required to continue their active membership to the conclusion of the legal action undertaken on their behalf by NJPSA counsel. Assistance to members shall be available without regard to race, creed, color, gender, marital status, sexual preference, gender identity, age or handicap.

Legal Committee

NJPSA’s Legal Assistance Program shall be coordinated by the NJPSA General Counsel with input from the NJPSA Legal Committee which shall consist of no less than seven members consisting of the Director of the NJPSA Field Program, or his designee; three active field representatives; one local association president; and two members of the NJPSA Board of Directors, all of whom shall be chosen by the Director of the NJPSA Field Program in consultation with the NJPSA Executive Director and NJPSA General Counsel. Members of the Legal Committee have two-year terms and may be reappointed. Legal Committee meetings shall require a quorum of five members. If a member of the Legal Committee resigns, a replacement shall be appointed by the Director of the NJPSA Field Program. The Legal Committee shall meet periodically for the purpose of:

1. Approving appellate litigation on behalf of a member when the NJPSA General Counsel is not in agreement with the filing of an appeal. In matters where the member and NJPSA General Counsel are in disagreement as to whether an appeal should be filed, the member and the NJPSA General Counsel or designee, shall present the reasons for or against such appeal in writing to the Legal Committee; and
   
2. Where the member does not cooperate with NJPSA Counsel, such that it impedes the ability of the NJPSA Counsel to adequately represent the member, then upon the recommendation of the NJPSA General Counsel, the Legal Committee may decide to terminate the specific legal representation of the member in which case the member would be given the opportunity to obtain an attorney of the member’s choosing at the member’s expense. Other legal services provided by NJPSA will still be available to the member.
   

 

The member shall have the right to appear before the Legal Committee in person or by video conference and shall be available to answer any questions pertaining to the matter at issue.

 

Legal Aid Procedure

1. Use of Association Counsel
   The following conditions must be met for members to be able to have NJPSA representation:
   1. The member must be a premier or organizational member of the NJPSA for at least three months prior to requesting legal assistance.
      
   2. The matter at issue must entail a violation of the member’s employment rights as protected by contract, precedent, regulation and/or statute.
   3. The member must cooperate with the NJPSA counsel assigned to the matter.
      
   4. The member must maintain active membership with the NJPSA until the matter for which the member is receiving legal representation is concluded.
2. Use of Private Counsel
   1. In matters where NJPSA may be conflicted from representing a member, private counsel will be assigned to the member, the cost/fees of which shall be the responsibility of the NJPSA.
   2. If a member chooses to retain private counsel where there is no recognizable conflict of interest and there is no reason why NJPSA counsel cannot represent the member, the costs/fees incurred shall be the responsibility of the member.
   3. Members who, in addition to their NJPSA membership, are also members of the National Association of Secondary School Principal (NASSP) and/or the National Association of Elementary School Principals (NAESP), who choose to retain private counsel, may request financial assistance from the respective national associations of which they are members pursuant to the policies of the respective associations, to the extent that such financial assistance is available.