Beruflich Dokumente
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ELECTRONICALLY FILED
4/21/2017 4:28 PM
01-CV-2017-901644.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
ANNE-MARIE ADAMS, CLERK
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
Richard Franklin, )
)
Plaintiff, )
)
v. ) Civil Action No.: ______________
)
)
Birmingham Board of )
Education; Wardine T. Alexander, )
Sherman Collins, Jr., )
Lyord Watson, Brian Giattina, )
Daagye Hendricks, Cheri Gardner, )
Randall Woodfin, April M. )
Williams, and Sandra Brown )
in their individual capacities and )
official capacities as members of the )
Birmingham Board of Education; )
Fictitious Parties A, )
B, and C, )
)
Defendants. )
COMPLAINT
COMES NOW Plaintiff Richard Franklin and for his Complaint against
PARTIES
of Birmingham, Alabama.
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adult resident of the City of Birmingham, Alabama, and is the President of the
resident of the City of Birmingham, Alabama, and is the Vice President of the
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persons or entities who authorized expenditure of Board funds for travel, food, and
JURISDICTION
for the performance of duties and obligations required of Defendants by state and
local law. Plaintiff seeks injunctive and declaratory relief pursuant to Rule 65,
Ala.R.Civ.P., Rule 81(a)(15), (16), and (19), Ala.R.Civ.P., and 6-6-220, et seq.,
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and 6-6-500, et seq., Code of Alabama (1975). Plaintiff also invokes the
jurisdiction of this Court seeking relief to which he is entitled for violation of state
law, particularly Ala. Code 16-11-5 which prohibits city boards of education
from passing any motion or resolution without a concurrence of the majority of the
board. The Court has jurisdiction over these matters pursuant to the Constitution
of Alabama.
mistaken interpretation of the law and are not immune to suite pursuant to Ex Parte
VENUE
FACTUAL ALLEGATIONS
17. Ala. Code 16-11-5 prohibits city boards of education from passing
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process and approach for soliciting, screening, and selecting the new
superintendent.
superintendent search. The Search Committee also presented for Board approval a
timeline for the superintendent search. That timeline included posting the notice of
candidates by February 28, 2017, and a final candidate to be selected on March 13,
2017.
21. At the December 13, 2016 meeting, the Search Committee requested
for services rendered in the search for a superintendent. The Search Committee
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did not request, and the Board did not approve, any expenditure of funds related to
the travel, food, and lodging of candidates for the superintendent position.
approved by the Board in a meeting that complied with the Alabama Open
Meetings Act (OMA), Ala. Code 36-25A-1, et seq. The Board has not voted
any meeting that complied with the requirements of the OMA since the December
13, 2016 meeting. More importantly, the Board has not authorized any additional
23. The superintendent search has not proceeded in accordance with the
timeline and process approved by the Board in the December 13, 2016 meeting.
Among other deviations, the Board did not begin interviewing candidates until
April 19, 2017. Though Defendants had communicated that interviews with
and/or C utilized the Boards public funds to pay for travel, food, and lodging
expenses. This expenditure of public funds was not, at any point, approved by a
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25. Upon information and belief, two out-of-state candidates have been
asked to return to Birmingham for a second in-person interview, and public funds
will again be used to pay for travel, food, and lodging expenses. The Board has
26. The Board, its members, and its agents are acting in violation of their
the Board. The payment of candidates travel, food, and lodging expenses without
Board approval, and the impending repetition of that violation for a second round
27. The Board has been cautioned recently regarding the failure to
finances for the period of October 1, 2014 through September 30, 2015, pursuant
to the authority granted the Department by Ala. Code 41-5-21. The report of that
audit is attached hereto as Exhibit A. Included in that report is a finding that the
Board compensated a previous superintendent for accrued but unused sick days in
deviation from the Boards contract with that superintendent and Board policy
regarding compensation for accrued sick leave. (Ex. A, pp. D-E). The Examiners
noted specifically that [w]ithout official action taken by the Board, this expense
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which deviated from the contract and the Boards policy is not considered as
28. Despite the warning issued by the Examiners, the Board has again
candidates for travel, food, and lodging expenses related to their interviews without
COUNT ONE
DECLARATORY JUDGMENT
anew herein.
31. As set out above, Defendants violated Ala. Code 16-11-5 when they
utilized public Board funds to pay the travel, food, and lodging expenses without
Board approval.
following: Issue a declaratory judgment that the Defendants actions violate Ala.
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Code 16-11-5, and that the Board must expressly approve any expenditure of
public funds.
That this Court award such fees, costs, and expenses of maintaining this
action in order to restore legal rights of which Defendants had clear knowledge,
expressly requiring that the costs of this action be taxed against the Defendants,
which costs would include, but not be limited to, reasonable attorneys fees.
Plaintiff further prays that he be awarded any further relief, and that such
COUNT TWO
INJUNCTIVE RELIEF
anew herein.
33. As set out above, Defendants violated Ala. Code 16-11-5 when they
utilized public Board funds to pay the travel, food, and lodging expenses without
Board approval.
following:
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expenditure of public funds and that prohibits Defendants from expending any
public funds for the travel, food, and lodging expenses of superintendent
Board in a meeting in compliance with the Alabama Open Meetings Act, Ala.
Board in the amount of the funds that party authorized to be expended without
Board approval.
That this Honorable Court award such fees, costs, and expenses of
maintaining this action in order to restore legal rights of which Defendants had
clear knowledge, expressly requiring that the costs of this action be taxed against
the Defendants, which costs would include, but not be limited to, reasonable
attorneys fees.
Plaintiff further prays that he be awarded any further relief, and that such
s/ Nicolas M. Stanojevich
NICOLAS M. STANOJEVICH (STA113)
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s/ Glen M. Connor
GLEN M. CONNOR (CON003)
OF COUNSEL:
Wardine T. Alexander
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
Sherman Collins
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
Lyord Watson
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
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Brian Giatina
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
Daagye Hendricks
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
Cheri Gardner
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
Randall Woodfin
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
April M. Williams
BIRMINGHAM BOARD OF EDUCATION
2015 Park Place North
Birmingham, Alabama 35203
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