NAVIGATING PERSONNEL & OTHER LEGAL ISSUES Alabama Association of School Boards Summer Conference 2011 Jayne Harrell Williams Hill, Hill, Carter, Franco, Cole & Black Montgomery, Alabama

Open Meetings Act

 What is a “meeting”?  Prearranged gathering of a quorum time and place set by law; e.g. annual meeting exercise its powers; or expenditure of public funds; or  Prearranged or not gathering of a quorum when members deliberate specific matters

Open Meetings Act contd.  What is NOT a “meeting”?  Social gatherings, conventions, conferences, training programs, press conferences, media events no deliberation of specific matters  State or federal officials to report or obtain information; or seek support can be electronic or in person

Open Meetings Act contd.  What is “deliberation”?  exchange of information or ideas  quorum of members  arrive at or influence a decision  how to vote at a later time

Open Meetings Act contd.  Requirements  Notice Time, date & place Bulletin board at Central Office  Preliminary Agenda or General Description As soon as available  Timing 7 Days Meeting required by law 1 Day Special called meeting 1 Hour Accept resignation Emergency to prevent physical injury or property damage

Open Meetings Act contd.  Executive Session  Never required  Procedure  Convene an open meeting  Enter a motion stating the reason for executive session

Open Meetings Act contd.  9 Reasons to Call Executive Session  General Reputation and Character, Job Performance or Mental/physical condition  Job performance for superintendent and employees who have to file Statement of Economic Interests must be discussed in open meeting  Formal Complaints or Charges Against an Individual or Legal Entity  Discussion with the Government Body’s Attorney  Security Plans and Measures  Criminal Investigation and the Identity of an Undercover Agent or Informer  Negotiations to Buy / Sell / Lease Real Property  Preliminary Negotiations in Trade Competition  Negotiations Between The Body and a Group of Public Employees  Discuss and Vote Upon a Public or Contested Case Hearing

Open Meetings Act contd.  Receive a written or oral declaration if necessary Discussion with the body’s attorney concerning options for, and ramification of, litigation, mediation, or arbitration Discussions that would disclose the identity of an undercover informant or that focus on criminal investigations of non-public officials Discussions concerning the negotiations between the body and a group of public employees  Vote to go into executive session Vote in public Individual votes  Enter statement concerning reconvention

Open Meetings Act contd.  Violations  Notice  Meeting procedures  Executive session  Other violations  Penalties  Civil action Media Alabama citizen Attorney General District Attorney  Invalidate actions  $1000 or ½ monthly board salary

Posting Vacancies

 Act  Superintendent vacancies Post for 30 days Fill within 120 days State superintendent will appoint  HB 455 (2011)  Fill within 180 days  Proposed process within 90 days  Withhold state warrants  Interim appointed for up to 180 days

Posting Vacancies contd.  Job description  Central Office  Every school campus  Every worksite  Contents Title and job description Required qualifications Salary range Where to send application Application deadline

Probationary & Contract Principals

Probationary vs. Contract Principals  Teacher Tenure Act, Effective July 2000  Probationary Principals  Contract Principals  Tenured Principals Teacher Tenure Act as “principals” Students First Act as “teachers”

Reference Chart ProbationaryContract Who?First time principalAny other principal hired after July 2000 Evaluation Required?NoYes Length of Contract1-2 years3 years End of Contract Options Offer 3 year contract Nonrenew New 3 year contract Nonrenew Reasons to nonrenew Any reason Without a stated reason Not personal or political Must provide a reason Not personal or political When to nonrenewEnd of contract90 days before end of contract Right to challengeNoYes

New Problem  Principal Contract The undersigned acknowledge that this Contract is void and a nullity unless (a) the Superintendent has been duly authorized by the Board of Education to execute this Contract on behalf of the board as evidenced by action of a majority of the Board in an official board meeting and (b) a copy of the official minutes of the board meeting in which the Superintendent was so authorized is attached to this Contract. The attached minutes are a material part of this Contract and are incorporated into it by reference.

Fix the Problem  How do I fix it?  Check your contracts  Add required documents No time requirement  New Contracts  Remove language which requires items to be attached

Nepotism  Ala. Code §  No public official can appoint a relative within the 4 th degree of affinity or consanguinity  Appointment void  1 year  $500 fine

Ethics  Big changes!  No personal gain for yourself or family member  Public employee Spouse Dependents  Public official Spouse Dependents Adult children and spouses Parents Spouse’s parents Siblings and spouses

Ethics contd.  What is a “thing of value”?  Gift  Benefit  Favor  Service  Gratuity  Tickets or passes  Unsecured loan  Reward  Promise of future employment  Honoraria  Thing of monetary value

Ethics contd.  What is NOT a “thing of value”?  Certain political contributions  Gifts from friends or family  Items with little intrinsic value  Loans, favorable rates & discounts  Rewards and prizes  Travel expenses during certain functions  Hospitality during certain functions

Ethics contd.  Training  Public officials  Public employees  Statement of Economic Interest

Questions?

Jayne Harrell Williams Thank you for listening!