MEANS GILLIS LAW, LLC “ATrORNErS AND CouNseLLoRsar Law ESTABLISHED 1981, Ga COMMERCE STREET SUITE 200: MONTGOMERY. ALABAMA 36108-6088 TEL; Gap 20 ns: 6 205056 Lows Guus “TyRONE C. MEANS? "KRISTEN. GILLS MEMORANDUM spare Via E-Mail Only To: Mrs. Stephanie Bell Board Vice President - ALSBOE State Board Members ~ ALSBOE Date: ‘August 20, 2017 Re: Legal Authority and Policy Guidance to Call Special-Called Meeting for August 23, 2017 ‘On August 17, 2017, the Members of the State Board of Education received a letter from Mr. Brian Taylor, General Counsel to Governor ivey, regarding three referenced points for consideration by this Board to call, schedule, and conduct a special-called meeting. Superintendent Sentence was copied ‘on this correspondence indicating coordination between his office and Mr. Taylor. However, neither the Governor's Office nor Mr. Taylor had previously addressed any concerns, or otherwise, to this Board regarding its legal and policy powers and authority to hold and conduct official board action at regular and special-called meetings. This “point paper” serves to clarify the Board's legal and policy authority to schedule special-called meetings and it sets forth a more factual and authoritative basis in response to the stated concerns raised by Mr. Taylor, as follows: (@) The first basis raised in the August 17, 2017 letter isa citation to Code of Ala. (1975), § 16-3-7, regarding the legal authority to schedule and conduct official Board meetings. Interestingly, Mr. Taylor only cites a brief phrase from this code section to support his concern. However, the language immediately preceding the cited portion in the letter reads that, in addition to the mandated annual July meeting, the Board can schedule and conduct, “Such other meetings may be held as the needs of public education may require, on dates to be set by the Board in official session...” (Emphasis added) This statutory authority and powers given to the Board is augmented by Ala. Admin Code, r. 290-010-010-.04(1) and (10), entitled Meetings of State Board of Education, which in conjunction with state law provide the legal authority for the Board to schedule and conduct official board actions at both regular and special-called meetings. Section (1) prescribes that “regular meetings... shall be held at a time and on 2 date set by the Board. The presiding officerfor each meeting shall be the President, and in his or her absence, the Vice President.” ‘Moreover, Section {10) authorizes that “special meetings of the Board may be called as provided bystate law." Code of Ala. (1975), § 16-3-7, clearly permits, as stated above, that “such other ‘meetings may be held as the needs of public education may require...” As noted, Mr. Taylor omitted that pertinent phrase of Section 16-3-7 and he omitted the entire administrative code section (10) authorizing special-called meetings. It is duly noted that “the Governor has not, to date, exercised her authority in this regard” as stated in paragraph 1 of the August 17, 2017 correspondence. However, the pivotal point to be made here is that the State Board of Education lawfully exercised the Board's authority at its August 10, 2017 meeting by calling for @ Special-Called Meeting to be set at a mutually convenient date prior to the next regular mes which is the Special-Called meeting on August 23, 2017. (See, streaming video of meeting). (2) Asstated above, statutory, regulatory, and administrative authority, policy, and guidance substantiate and uphold the Board's actions, as taken for both regular and special-called meetings. Historical precedent, including the current administration's policy regarding Board meetings, also serves as a distinct and supplemental basis for the August 23, 2017 and nine (9) State Board of Education meetings have occurred since that time with five (5) of these scheduled and conducted as special-called meetings. These special-called meetings occurred on April 26, May 24, June 21, June 23, and July 25, 2017. In fact, the Board publicly addressed at its, August 10, 2017 meeting its intent with upcoming dates for a special-called meeting with the Governor's Education Policy Advisor, Ms. Christian Becraft, in attendance. No one, including Ms. Becraft, raised any concerns or discourse regarding the Board's authority or scheduling this special-called meeting (3) Likewise, Mr. Taylor’s additional concerns in paragraphs two and three are also without merit. For example, the Board had clearly satisfied the notice and purpose mandates required for a special-called meeting. The distributed official Board Agenda for the August 23, 2017 Special- Called Meeting states under Section (F), Action Items, the matters to be addressed, including the Superintendent's Contract. This agenda item, and the others, undoubtedly state the Board's intent and purpose which, pursuant to Ala. Code § 16-3-7, is in furtherance of “the needs of public education...” which do, in fact, require immediate action due to the critical and serious nature of the stated agenda items.* RECOMMENDATION: Pursuant to the aforementioned authority and well-established pattern and practice, the August 23, 2017 special-called meeting by the Board is in accord with and satisfies legal and regulatory standards and requirements to proceed as scheduled. » The case cited by the Governor's General Counsel (Underwood v. Alaboma State University, etal, 51 So.3d 1010 {2010}, actually supports the action being taken by this State Board of Education.