NAVIGATING PERSONNEL & OTHER LEGAL ISSUES Alabama Association of School Boards Summer Conference...

NAVIGATING PERSONNEL

& OTHER LEGAL ISSUESAlabama Association of School Boards

Summer Conference 2011

Jayne Harrell Williamsjhwilliams@hillhillcarter.com

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?

Jayne Harrell Williamsjwilliams@alabamaschoolboards.org

jhwilliams@hillhillcarter.com

Thank you for listening!