Monday, December 20, 2010

ASBA/ASA Conference -Staying out of Legal Trouble

The Staying out of Legal Trouble session was a bit frightful.  Although Board Members are immune from almost all acts taken in the course and scope of their duties as board members, there are instances where potential personal liability can occur.  We learned several laws that outline when I am liable and at what cost.

We were informed that as an individual, I can support any candidate and any position I would like.  I just can't use school resources to do it or there is a $500 fine, plus value of resources expended for every violation; with no reimbursement for insurance.

We also learned the difference between libel and slander.  Libel: usually written, published and Slander: communication fleeting, usually spoken.  As a Board Member, I am protected for truth, but not always; public disclosure of private facts

Most common complaint board members will get is from employees.  We were told to direct the employee to the follow the chain of command.  If the issue isn't resolved then the person should ask the Superintendent, or the School Board President, to place the item on the agenda to come before the Board.  We were reminded of the cliche, "There are three sides to every story: his, hers, and the truth.  We were advised not to do our own investigation.  We are to wait for the matter to come before the Board.

A.R.S. §38-431.07: $500 fine for each violation of the Open Meeting Laws (plus attorney’s costs)  The district insurance policy does not indemnified me.  It is also possible that to be remove from office if the violation continue.

Breach of Fiduciary Duty:
  • Duty/responsibility to public
  • Make prudent financial decisions after getting advice from experts
  • Make best personnel decisions following administrative recommendation
  • Treat the public’s money as you would your own
  • Provide proper oversight without micromanaging
  • Ask right questions, have policies and systems in place

Confidentiality is required for the following:
  • Executive Sessions during a legal Open Meeting
  • Personnel Issues
  • Student Matters
  • Real Estate
  • Meet and Confer
  • Security Issues

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