navigating personnel & other legal issues alabama association of school boards summer conference...
TRANSCRIPT
NAVIGATING PERSONNEL
& OTHER LEGAL ISSUESAlabama Association of School Boards
Summer Conference 2011
Jayne Harrell [email protected]
Hill, Hill, Carter, Franco, Cole & BlackMontgomery, Alabama
Open Meetings Act
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
Posting Vacancies
Act 2010-210 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. ContractPrincipals
Teacher Tenure Act, Effective July 2000 Probationary Principals Contract Principals Tenured Principals
Teacher Tenure Act as “principals” Students First Act as “teachers”
Reference Chart
Probationary Contract
Who? First time principal Any other principal hired after July 2000
Evaluation Required? No Yes
Length of Contract 1-2 years 3 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 nonrenew End of contract 90 days before end of contract
Right to challenge No Yes
New Problem
Principal ContractThe 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 §41-1-5 No public official can appoint a relative
within the 4th 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?
