66 Op. Att'y Gen. 211 | Wis. Att'y Gen. | 1977
JAMES F. CLARK, Legal Counsel Wisconsin Association of SchoolBoards
You asked what effect subch. IV of ch. 19, Stats., entitled "Open Meetings of Governmental Bodies," has on the provisions of sec.
*212Section
118.22 (3), Stats., provides:
"At least 15 days prior to giving written notice of refusal to renew a teacher's contract for the ensuing school year, the employing board shall inform the teacher by preliminary notice in writing that the board is considering nonrenewal of the teacher's contract and that, if the teacher files a request therefor with the board within 5 days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to being given written notice of refusal to renew his contract."
Specifically you ask the following questions:
"Question 1: Is the `private conference' a `meeting' within s.
19.82 (2), stats.?"
Subchapter IV of ch. 19, Stats., applies to every "governmental body" defined by sec.
"Question 2: If so, is the proper purpose for convening the `private conference' in closed session the consideration of employment under s.
19.85 (1)(c), stats., or the consideration of dismissal under s.19.85 (1)(b)? Please note that the Wisconsin Supreme Court has characterized `nonrenewal' as not re-hiring, while `dismissal' means to remove from employment, as by discharge. Hortonville Education Association v. Joint School District No. 1,66 Wis. 2d 469 ,481 (1975); Richards v. Board of Education,58 Wis. 2d 444 , 460b (1973); and Millar v. Joint School District,2 Wis. 2d 303 ,312 (1957)."
The first stage in the usual nonrenewal case is properly a matter for a closed session under sec.
The second stage of nonrenewal proceedings is the procedure under sec.
The question remains, however, whether the word "dismissal" in sec.
"Question 3: Under what circumstances or occurrences, if any, are the provisions of s.
19.85 (1)(b) regarding an `evidentiary hearing' applicable to the `private conference'?"
If a nonrenewal is preceded by charges which might damage the good name, reputation, honor or integrity of a teacher or where nonrenewal may impose substantial stigma or other disability, a board should initially give notice of the meeting with an agenda item that it intends to go into closed session under both subsecs. (b) and (c) of
I consider the words "evidentiary hearing" as meaning a formal examination of charges by the receiving of testimony from interested persons, irrespective of whether oaths are administered, and receiving evidence in support or in defense of specific charges which may have been made. Where an evidentiary hearing is held, the parties are entitled to seasonably know the charges and claims preferred, have a right to meet such charges or claims by competent evidence, and the right to be heard by counsel upon the probative force of evidence adduced and upon the law applicable thereto.
BCL:RJV