Florence, Ala. | Wednesday, May 16, 2012
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Teacher alleges open meetings violations
By Michelle Rupe Eubanks,

The Muscle Shoals Board of Education violated the Alabama open meetings act in terminating Sherrie Perkins' contract, a lawsuit filed in Colbert County claims.

"This is about the public's right to have decisions made in public rather than behind closed doors," said Perkins' attorney, Nathan Ryan.

Perkins was a tenured drafting instructor in the system. Muscle Shoals is eliminating its drafting instructor position.

The suit claims board members, in executive session, considered information to determine Perkins' fate that was not available during the public portion of their meetings.

Ryan said that's a direct violation of the Alabama open meetings act.

The act, which replaced the open sunshine law in 2005, provides open access to public business under consideration by public officials. It does allow, however, public boards to meet and discuss issues involving the good name and character of individuals or attorney-client information.

"There's not a lot of cases out there that can tell us what this law means," Ryan said. "We need a judge to tell us."

Perkins' termination was made official June 18. The original meeting to discuss the issue took place June 16. The board convened for an executive session both times, citing personnel issues as their reason.

Each of the board members, Pam Doyle, Mike Elliott, Don Pendergrass, Farrell Southern and Willis Thompson, are named in the suit.

"We only named the board members because the statute says we have to," Ryan said. "We believe they are all good people who may be getting bad advice."

Superintendent Jeff Wooten recommended to the board that Perkins be terminated because of low enrollment in her classes as well as a lack of funding for career tech programs.

Donna Pate, the Huntsville attorney representing the school board, has not responded to the lawsuit.

Calls made by the TimesDaily to Pate seeking comment were unreturned.

The next step will be a July 30 hearing.

Ryan said Circuit Judge Jackie Hatcher could decide at the hearing whether to revoke the termination.

Michelle Rupe Eubanks can be reached at 740-5745 or michelle.eubanks@TimesDaily.com.

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