In a September 28, 2011 decision, the New Jersey School Ethics Commission held that a Winslow Township (Camden County) Board of Education member did not violate the Code of Ethics for School Board Members by audio-taping a board executive session "without asking permission to do so" and by not informing his fellow Board members "of his intentions prior to taking action."
The Commission found that merely taping an executive session, without more, did not have "the potential to compromise the Board." Given that "[t]here [was] no claim that the [school board member] took action to make public, reveal or disclose information that was not public . . . the Commission [found[ that the complaint, on its face, fail[ed] to allege facts sufficient to maintain a claim that the [board member] violated the [Code of Ethics]."
The decision is on-line here.