Meeting Minutes, November 20, 2013

Emory LaVista Parent Council
November 20, 2013
McClendon Elementary

Rodney Moore—Education Attorney

Political Representatives: State Senator Fran Millar, School Board Member Marshall Orson

In many cities in Georgia, the school system is a major employer. Many decisions are made or not made as the result of good, bad or no legal advice. Mr. Moore is not the attorney for DCSD and doesn’t know the details of DCSD operations. There is a question of who the attorney reports to (Board or Superintendent) is a barrier to getting things done. Regardless, the role of an attorney is to protect the entity, not individuals or positions. When the State Legislature established the law that allows the Governor to remove a school board, it made an error in not defining the grounds for removal. In addition, the law does not address individual board members but the group as a whole. For voters to be overruled, there needs to be more than a statement that “we don’t like what you’re doing.”

TSA Lawsuit—There are contractual rights which are basically property interests and there are constitutional rights. The teacher retirement programs are contractual rights, like tenure, not constitutional rights. A government agency can rescind a property interest with due process. So the question is, did DCSD provide due process before it rescinded the property right? If DCSD did not follow proper procedures and give due process, it could still correct the mistake now.

Attachment pending.