Navigating Personnel & Other Legal Issues

1. Navigating Personnel & Other Legal Issues Alabama Association of School Boards Summer Conference 2011 Jayne Harrell Williams jhwilliams@hillhillcarter.com Hill, Hill, Carter, Franco, Cole & Black Montgomery, Alabama

2. Open Meetings Act

3. 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

4. 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

5. 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

6. 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

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

8. 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

9. 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

10. 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

11. Posting Vacancies

12. 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

13. 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

14. Probationary & Contract Principals

15. 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”

16. Reference Chart

17. 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.

18. 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

19. 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

20. 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

21. 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

22. 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

23. Ethics contd. • Training • Public officials • Public employees • Statement of Economic Interest

24. Questions?

25. Thank you for listening! Jayne Harrell Williams jwilliams@alabamaschoolboards.org jhwilliams@hillhillcarter.com