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NON-PROFIT CORPORATIONS WITH PUBLIC BODY PROBLEMS

NON-PROFIT CORPORATIONS WITH PUBLIC BODY PROBLEMS. Presented by Lee C. Reid Partner, Adams and Reese LLP September 11, 2009. Why do Charter Schools have to comply with the laws required of Public Bodies?. The State Legislature says they have to. La.R.S. 17:3996.

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NON-PROFIT CORPORATIONS WITH PUBLIC BODY PROBLEMS

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  1. NON-PROFIT CORPORATIONS WITHPUBLIC BODY PROBLEMS Presented by Lee C. Reid Partner, Adams and Reese LLP September 11, 2009

  2. Why do Charter Schools have to comply with the laws required of Public Bodies?

  3. The State Legislature says they have to. La.R.S. 17:3996

  4. Overview of those that cause charters the most trouble: A) Public Records Laws B) Open Meetings Laws C) Public Bid Law

  5. A) Public Records Most important thing to remember: ALMOST EVERY DOCUMENT YOU HAVE IS SUBJECT TO A PUBLIC RECORDS REQUEST

  6. A) Public Records 1) Must receive request 2) Must be an existing document 3) Must be in your possession • Must provide a written response

  7. A) Public Records Exception: • Attorney-Client Privilege • Personal Information of Employees • Personal Information of Students

  8. B) Open Meetings • Meetings with a quorum of the Board to: 1) Deliberate on 2) Act on 3) Receive information

  9. B) Open Meetings • No formal or informal polling of Board members

  10. B) Open Meetings • Written notice – 24 hours

  11. B) Open Meetings Exception: Executive Session • Personnel • Litigation • Student Issues • ALL VOTES IN OPEN MEETING

  12. C) Public Bid • Only Comply with on Construction • $1 - $100,000: 3 quotes • $100,000 + : Bid Process

  13. List of Other Applicable Laws La R.S. 17:3996

  14. Private Entities for Most Everything Else • Labor • Pay • Benefits • Retirement (TRSL Choice) • Federal Laws Apply • FSLA • Employee contracts • Employee handbooks

  15. Private Entities for Most Everything Else • Unions • Do Not Recognize

  16. QUESTIONS!!

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