Alabama Advisory Opinions February 17, 1999: AGO 1999-111 (February 17, 1999)

AGO 1999-111.

Dear Mr. Trotter:

This opinion of the Attorney General is issued in response to your request.

How much of and to what extent are employee grievance hearings before the Walker County Board of Education required to be open to the public? The Board has traditionally respected the contract with its employees and has not publicized any information, but the Board wishes to comply with the Sunshine Law. Would it be sufficient for the Board to simply release the names of the grievant and the position grieved, or must all of the grievance hearing (except that portion involving the good name and character) be held as part of its public meeting?

Your request provides:

The Walker County Board of Education hears several employee grievances at each meeting. Occasionally, the presentation of the grievance is limited to a simple comparison of the grievant's years of service, degrees held, and other criteria, to those of the individual who obtained the position over which the grievance was brought. More often, the presentation of the grievance, or at least the deliberation concerning the grievance, will involve a discussion of the good name and character of the grievant, the successful candidate, or both. The Board has enacted, with approval and agreement of the teachers' association and the support employees' association, handbooks that plainly and unequivocally state, regarding the grievance procedure, "[a]ll meetings and hearings shall be private." These handbooks rise to the level of enforceable contracts under Alabama law as was the decision in Walker County Board of Education v. Walker County Education Association , 431 So. 2d 948 (Ala. 1983).

The Alabama Sunshine Law requires all meetings of boards of education to be open to the public except when the character or good name of a man or woman is involved. Opinions to Dale Howard, Chairman, Hartselle City Schools, dated January 22, 1993, A. G. No. 93-00106 and to Honorable Tom Butler, Representative, dated August 6, 1987, A. G. No. 87-00282. The Sunshine Law states:

(a) No executive or secret session shall be held by any of the following named boards, commissions or courts of Alabama, namely: Alabama Public Service Commission; school commissions of Alabama; board of adjustment; state or county tax commissions; any county commission, any city commission or municipal council; or any other body, board or commission in the state charged with the duty of disbursing any funds belonging to the state, county or municipality, or board, body or commission to which is delegated any legislative or judicial function; except that executive or secret sessions may be held by any of the above named boards or commissions when the character or good name of a woman or man is involved .

This Office has previously held that only those portions of the meeting that involve the good name or character may be held in executive session, and any action taken and all voting must be done in an open meeting. Opinion to Honorable J. R. Brooks, Attorney, Huntsville City Board of Education, dated December 7, 1994, A. G. 95-00057.

An employee grievance hearing may be conducted in executive session if the Board determines that an employee's good name or character will be involved. Any part of the hearing that does not involve good name or character, and any action taken by the Board pursuant to the hearing, must be done in an open meeting. The Board may not conduct the hearing in executive session and just release the name of the grievant and the position grieved.

Your request states, pursuant to a 1983 court decision involving the Board, the Board's handbook rises to the level of a contract with its employees. The Alabama Supreme Court held in that case that employee policies that are properly adopted are legally binding upon the board to the extent that they do not violate state law. Walker County Board of Education v. Walker County Education Association , 431 So. 2d 948, 955 (Ala. 1983). The policies in the employee handbook violate state law if the policies allow executive sessions in instances where the character or good name of a person is not involved.

Only those portions of a grievance hearing held by a county board of education where the good name or character of a person is involved may be held in executive session. Any action taken by the board must be done in an open meeting.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

2704/1725-002