Law Conference...It Is Good to Learn

This last week was another quiet one.  On Thursday I attended the New York State School Boards Association Summer Law Conference.  I also attended it last year and learned so much as a new Board Member.  Having been on the Board a year now there was a lot that I have already learned but of course…there is always more to know!!

This year the Conference was broken up into four parts:

1.       Board Ethics

2.       New Legal Responsibilities

3.       Superintendent Evaluations

4.       Collective Bargaining

The first presenter was Jay Warona who is General Counsel to NYSSBA.  He spoke about Board Ethics.  He first gave a background of Board Authority and Board Duties and then got into the nitty gritty of conflicts of interest, incompatibility of office, individual free speech rights, appearances of impropriety and other legal and ethical dilemmas that might affect the ability of board members and the board as an entity to fulfill their leadership role.  Sounds dry…but he was a great presenter and although these are things I learned last year as a new board member…it never hurts to hear it all again. 

The next section was broken up into two parts.  Pilar Sokol, the Deputy General Counsel to NYSSBA reviewed new laws, new bills, and new regulations…last year this was a much meatier section because APPR and DASA were new.  However, there is still plenty that is new this year.  Every year statutory, regulatory, and guidance changes transform a school district’s legal responsibilities…but in my opinion…so far none of what is currently new has the weight that APPR and DASA had last year.  From what I know there are currently 60 bills of interest to school boards that have recently passed both houses of the legislature. These bills await delivery to the Governor although I think last week a few were already delivered. The Governor, upon receipt of a bill, will have ten days (not counting Sundays) to sign into law or veto a bill. If the Governor does not act on a bill within the ten day period, the bill automatically becomes law.  (Just a little lesson in government here…)  Anyway, after Pilar spoke, Kimberly Faniff who is a Senior Staff Attorney at NYSSBA shared some actual cases and recent court and administrative decisions.  There were so very many that she didn’t get to them all but I intend to read through them…they are fascinating.  My parents always said I should have been a lawyer…

There was a panel of people who presented the section on Superintendent Evaluations and to break up the format this was done almost like a talk show host with two guests.  The “host” was Gregory Guercio who practices Education Law and the “guests” were Shari Bardash-Eivers, School Board President of Farmingdale Union Free School District and the School Superintendent in Farmingdale, John Lorentz.  Evaluating the Superintendent is one of the principal responsibilities of School Boards.  Essentially they reviewed the legal and contractual issues involved in the evaluation of school superintendents and spoke about what boards can do to make those evaluations more effective.  They also covered how teacher and principal APPR evaluations effect superintendent evaluations and the types of information boards should consider when evaluating their superintendent. The need for teamwork was stressed and refraining from planning any “Gotchas!” was also stressed.  In the end, the process should enhance a district’s governance and student performance.

The final presentation was also given by a panel.  Three education attorneys, John Gross, Lawrence Tenenbaum, and Thomas Volz gave an update on Collective Bargaining.  They explored the current and emerging issues in collective bargaining between districts and their unions including the impact of Obamacare and recent APPR developments.  They also spoke about how recent rulings from the courts and the Public Employment Relationship Board (PERB) are affecting how districts should approach negotiations.  They gave an in depth history behind the Triborough Doctrine (remember me mentioning this law last week?) and the Taylor Law.

Once again, much of what was covered I learned last year.  Still, there was plenty new that I learned this year.  An interesting thing that was said last year and again this year which is something that I bet most people don’t realize is that Board Meetings are actually meetings of the Board IN public NOT a meeting OF the public.  There are actually boards that do not even have an opportunity for the public to speak on their meeting agenda.  There is no legal obligation for them to do so!  You should know that at our Regular Meetings we give the opportunity for the public to be heard on both agenda and non-agenda items…come see for yourself!  At our Work Meetings that go into the wee hours of the night we try to accommodate people who come to speak…again…come see for yourself!

So, once again, it was a quiet week but now reading back on what I wrote it was quite a day that day!  But now next week is going to be quite a week…lots and lots of meetings…plus we have an additional five children living with us…mother of 8…don’t worry…I’ve got this!  They don’t call me Mama Gates for nothing!

One last thing before I put this baby to bed...there was something that was said early on in the day when the topic of Board Ethics was covered and it was reiterated throughout the day.  I carry it with me still and plan to keep it in my mind always as it is really something everyone can live by which is, “The only thing that endures is your character.”  I like it!  So true…have a good week…I know I won’t be board…I mean bored because definitely there will be a lot going on with the board!!!