Citizens Ask for Elected Muscle Shoals School Board

The following was presented to Muscle Shoals council member Chris Hall on December 29th. There will be further developments at Tuesday's council meeting:

Councilman Hall;

During the meeting where the fate of Mr. Jarmon was discussed, you publicly expressed frustration regarding the activities of Muscle Shoals BOE and the Administration. I too, am frustrated. Beyond the question of Mr. Jarmon’s abilities, qualifications and performance, this sensitive personnel matter and subsequent investigation of abuse seems to have been bungled from the start.

I speak for many of your constituents and we have the sense our school board has become too familiar with the school administration. As many of your constituents have pointed out, due to that familiarity, objective decision making has become suspect. Now, I fear, that group-think mentality extends to city government.

When the subject of additional taxes was proposed, in light of recent events, many wonder if any part of the system which proposed those taxes can be trusted. It seemed bold and tone-deaf to even propose such a thing. The MSCBOE and BOE Administration seem increasingly out of control.

I hope you will review the attached draft resolution and act accordingly to bring sanity back to the MSBOE.

RESOLUTION OF THE MUSCLE SHOALS CITY COUNCIL

WHEREAS due to recent actions of the appointed Muscle Shoals City Board of Education have caused the citizens of Muscle Shoals to lose faith and trust in the current appointed board,

AND WHEREAS the city council is powerless to amend, reverse or otherwise affect effective governance of said board,

BE IT RESOLVED:

If the majority of electors voting vote in favor of changing to an elected board, an elected board of education for the City of Muscle Shoals shall be established.  The board shall be called the Muscle Shoals City Board of Education.  The board shall be composed of five members, at large by a majority of the qualified electors voting who reside in the city.

A member shall reside within the city limits of Muscle Shoals during the entire term of office.  If a member leaves the city, that position on the board shall be considered vacant and shall be filled pursuant to Section 45-39A-12.05.

A candidate for each place on the board of education shall be at least 21 years of age, a registered voter, a resident of the City of Muscle Shoals for at least six months immediately preceding the deadline date for qualifying as a candidate, and shall not be an employee of the board or have a record of conviction for any crime involving moral turpitude.  Each candidate shall pay a qualifying fee in an amount equal to that paid for candidates for general municipal elections.

(a) The Muscle Shoals City Council shall take necessary steps to ensure that this part complies with the Federal Voting Rights Act of 1965, as amended.

(b) The Muscle Shoals City Council shall call an election to elect the initial members of the board of education.  This election shall be held on the fourth Tuesday in February 2018.  The initial runoff election, if necessary, shall be held three weeks later on Tuesday, March 20, 2018.

(c) The initial election and the initial runoff election, if necessary, and all subsequent elections held pursuant to this part shall be conducted, the vote canvassed, and the results declared in the same manner as provided for other general municipal elections, unless otherwise required in this part.

(d) The initial elected members of the board of education shall assume office on the first Monday in June 2018, and shall serve initial terms of two years.  Thereafter, terms of office shall be four years, coinciding with general municipal elections.

(a) Upon the assumption of office of the initially elected members of the board of education, the Muscle Shoals City Board of Education as provided in this part shall be constituted and the terms, powers, duties, responsibilities, and emoluments of office of the prior members of the board of education shall end.

(b)(1) Upon assumption of office of the initial elected members of the board of education, these members shall have the powers, authority, duties, and responsibilities as are otherwise provided by law for members of city boards of education as set forth in Chapter 11, commencing with Section 16-11-1 of Title 16.

(2) At the first meeting after the board takes office, and every year thereafter, the board shall by majority vote of those voting, select a chair and vice chair from among its members.  The vice chair shall preside over meetings of the board in the absence of the chair.

(3) All property, records, supplies, and equipment of the prior board of education shall be vested in the board created by this part.

(c) The establishment of the board of education as provided in this part shall not affect or impair any of the following:

(1) Existing rights or privileges of employees of the board including, but not limited to, employment, personnel, salary, and retirement rights and privileges.

(2) Existing contractual obligations of the board of education.

(3) Existing civil and criminal actions.

A vacancy on the board of education shall be filled by appointment by a majority of the remaining members of the board of education for the unexpired term.  The remaining members of the board shall fill the vacancy within 45 days after the vacancy occurs from qualified candidates who apply for the position on the board.  If the vacancy is not filled by the remaining members of the board of education within 45 days, the city superintendent of education shall notify the State Superintendent of Education who shall fill the vacancy by appointment.  A person filling a vacancy on the board shall reside in the City of Muscle Shoals.

The compensation for each member of the board of education shall be in an amount as provided by state law, payable from city school system funds.

An annual audit of the financial records of the city school system and of the board of education shall be conducted by an independent licensed certified public accountant, selected by the board, who has an office located in the City of Muscle Shoals.  The audit results shall be made a matter of public record.  All monies of the school system shall be accounted for whether reserved for capital outlay or held for any other purpose.

Any member of the board of education who fails to attend more than two regularly scheduled monthly board meetings without an authorized excused absence as recognized by the board through written policy shall receive a written request from the city superintendent of education to attend the meetings.  If the board member persists in his or her unexcused absence for two additional regularly scheduled monthly board meetings, then the position shall be declared vacant by the chair of the board, subject to review and approval by the city council.

The chair of the board shall have all of the following duties:

(1) To preside over all board meetings.

(2) To set the meeting dates and times of all board meetings consistent with state law.  The chair shall endeavor to set meeting times at 6:00 p.m. or at a similar time which will afford citizens the best opportunity to attend.

(3) To set the agenda of the board meetings in consultation with the city superintendent of education.

(4) To ensure proper and adequate notice to the public for public hearings on the budget of the school system.

(5) To maintain order at all board meetings.

(6) To assist the superintendent in seeking public input into the operations and support of the city school system.

(7) To vote on all matters which come before the board if he or she so desires.

(8) To ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.

(9) To promote the city school system as authorized by the board.

Members of the Muscle Shoals City Board of Education shall be immune from any civil liability whatsoever, be it in contract, tort, or otherwise, for any actions taken in their official capacity as members of the board.

 

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Two of our bloggers live in Muscle Shoals, Leslie M. Shoals and Southern Son. We know both have been closely following the situation there with school leadership, from the board to the superintendent to school principals. Drama Queens and liars? No. Solid citizens who want an improved school system for their hometown. We salute them!