HB1591: HB1591 Dekalb County; Board of Education; recruitment, vetting, and appointment of and contracting with school system superintendent; establish protocols

26 LC 47 4197 House Bill 1591 By: Representatives Drenner of the 85th, Lupton of the 83rd, Mitchell of the 88th, Crawford of the 89th, Draper of the 90th, and others A BILL TO BE ENTITLED AN ACT To amend an Act to create and establish in DeKalb County, Georg ia, districts from which1 the members of the County Board of Education of DeKalb County shall be elected, approved2 April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to establish protocols governing the3 recruitment, vetting, and appointment of and contracting with t he superintendent of the4 DeKalb County School System; to provide for related matters; to repeal conflicting laws; and5 for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act to create and establish in DeKalb County, Georgia, districts from which the members9 of the County Board of Education of DeKalb County shall be elec ted, approved10 April 12, 1963 (Ga. L. 1963, p. 3424), as amended, is amended by adding a new section to11 read as follows:12 "SECTION 3.3.13 (a) The General Assembly hereby declares that the enactment of comprehensive14 superintendent accountability legislation specifically tailored to the DeKalb County School15 H. B. 1591 - 1 - 26 LC 47 4197 System serves compelling governmental interests, advances the public welfare, protects the16 educational interests of students, safeguards taxpayer resource s, and constitutes a valid17 exercise of the legislative power vested in this body by the Co nstitution of the State of18 Georgia, including but not limited to the local amendment to th e Constitution originally19 enacted in Ga. L. 1947, p. 1753, amended in Ga. L. 1962, p. 998, and continued in force20 and effect as part of the current Constitution in Ga. L. 1985, p. 4078.21 (b) As used in this section, the term:22 (1) 'Board' means the DeKalb County Board of Education provided for in this Act with23 governing authority over the DeKalb County School System.24 (2) 'Candidate' means any natural person who submits an application, expresses interest25 in, or is under consideration for appointment to the position o f superintendent of the26 DeKalb County School System.27 (3) 'Finalist' means any candidate for superintendent who has progressed through initial28 screening procedures and is under serious, active, and substantive consideration by the29 board for recommendation, nomination, or appointment to the superintendent position.30 (c) This section shall be liberally construed to effectuate it s purposes and advance the31 legislative intent expressly articulated in this section. 32 (d) Notwithstanding any other provision of local law, custom, practice, or prior board33 policy to the contrary, the board shall not, under any circumst ances, employ, appoint,34 contract with, or otherwise engage any person to serve as superintendent unless and until35 such person has successfully completed a comprehensive backgrou nd investigation36 conducted in accordance with the requirements, standards, and p rocedures prescribed in37 this section.38 (e)(1) The board shall cause a comprehensive background investigation to be initiated39 for every finalist before any employment offer, letter of inten t, memorandum of40 understanding, or contract proposal is extended, negotiated, or discussed with such41 finalist. No finalist shall advance to contract negotiation, p ublic announcement as the42 H. B. 1591 - 2 - 26 LC 47 4197 preferred candidate, or recommendation for board approval until the comprehensive43 background investigation has been completed and the results the reof presented to the44 board in executive session.45 (2) Background investigations shall be initiated within five business days following the46 board's identification of finalists and shall be completed with due diligence and47 reasonable dispatch.48 (3) A comprehensive background investigation satisfying the re quirements of this49 subsection shall include:50 (A) A comprehensive criminal records search;51 (B) Independent, third-party verification of all academic degr ees, certificates,52 diplomas, and educational credentials claimed by the candidate;53 (C) Thorough verification and investigation of the candidate's complete employment54 history for the preceding 20 years;55 (D) Comprehensive verification of all professional licenses, certificates, endorsements,56 and credentials held by the candidate;57 (E) Procurement and analysis of a comprehensive consumer credit report from all three 58 major consumer reporting agencies to assess financial responsib ility, stability, and59 potential vulnerabilities of the candidate;60 (F) A comprehensive search of civil court records in all juris dictions where the61 candidate has resided or been employed;62 (G) Review and investigation of any administrative complaints, professional conduct63 violations, ethical grievances, or regulatory proceedings involving the candidate;64 (H) A comprehensive review of the candidate's publicly availab le social media65 accounts, internet presence, published writings, public statements, and digital footprint,66 conducted in compliance with all applicable federal and state privacy laws;67 H. B. 1591 - 3 - 26 LC 47 4197 (I) Structured interviews with professional references and for mer colleagues,68 supervisors, subordinates, and board members who have worked wi th the candidate,69 designed to assess:70 (i) Leadership style and effectiveness;71 (ii) Interpersonal and communication skills;72 (iii) Fiscal management competence;73 (iv) Ethical standards and integrity;74 (v) Ability to work collaboratively with governing boards; and75 (vi) Any concerns regarding professional conduct or fitness for superintendency; and76 ( J ) A c o m p r e h e n s i v e s e a r c h o f n e w s m e d i a a r c h i v e s , p r e s s r e p o rts, investigative77 journalism, and public records for any mention of the candidate in connection with78 controversies, investigations, scandals, or adverse publicity.79 (f)(1) All comprehensive background investigations required pu rsuant to this section80 shall be conducted by a qualified, independent third-party investigative firm or agency81 possessing a demonstrated expertise in executive-level background investigations and has82 no direct or indirect business relationship with the candidate or any entity with which the83 candidate is affiliated.84 (2) Backgr ound investigations shall comply with all requirements of the f ederal Fair85 Credit Reporting Act, 15 U.S.C. Section 1681, et seq., Equal Employment Opportunity86 Commission guidance, and standards of the Georgia Professional Standards Commission87 established pursuant to O.C.G.A. Code Section 20-2-200, et seq., or its successor agency. 88 Background investigation reports and related materials shall be maintained in a secure,89 confidential personnel file with strictly limited access. Back ground investigation90 materials shall be retained for a minimum period of seven years following separation91 from employment or discontinuation of candidacy. Disclosure of background92 investigation materials shall be governed by applicable personnel records privacy laws,93 H. B. 1591 - 4 - 26 LC 47 4197 the Georgia open records law at O.C.G.A. Code Section 50-18-70, et seq., and the94 Georgia Records Act, O.C.G.A. Code Section 50-18-90, et seq.95 (3) The board shall bear all costs, fees, and expenses associat ed with comprehensive96 background investigations required pursuant to this section. N o cost or fee associated97 with background investigations shall be assessed against or col lected from candidates. 98 All background investigation expenditures shall be properly documented, accounted for,99 and disclosed in the district's financial records as a component of superintendent search100 and recruitment costs.101 (g)(1) The board shall require the investigating vendor to pro vide a comprehensive102 written report documenting all investigative procedures, findings, verifications, and any103 adverse information discovered. Upon completion of each comprehensive background104 investigation, the investigating vendor shall provide a complet e written report to the105 board's legal counsel for preliminary review and analysis. 106 (2) The legal counsel shall present the background investigation results to the full board107 in a properly noticed executive session conducted pursuant to O.C.G.A. Code Sections108 50-14-2 and 50-14-3.109 (3) The board shall not proceed to public session consideratio n, employment offer, or110 contract negotiation until and unless the board has received an d reviewed the111 comprehensive background investigation report. 112 (h)(1) Upon the board selecting one or more finalists, the board shall enter into contract113 negotiations with such finalists to develop an employment contract for the superintendent. 114 Prior to the board appointing a finalist as superintendent or the board or a finalist entering115 into any employment contract, the board shall post on the school system's website for a116 minimum of seven days the final form of the proposed contract b etween the board and117 the superintendent and a financial impact study that details the following provisions of118 the contract, if applicable:119 H. B. 1591 - 5 - 26 LC 47 4197 (A) Total compensation to be paid to the superintendent, inclu ding any contractual120 bonuses;121 (B) All benefits to be provided to the superintendent;122 (C) All leave or paid time off to be provided to the superintendent;123 (D) Renewal provisions; and 124 (E) Total payout amount due to the superintendent if his or her contract is terminated125 by the board.126 (2) The board shall not appoint a superintendent until the employment contract is in its127 final form, and the board shall not appoint a superintendent subject to final negotiation128 of the contract or subject to finalization of terms. 129 (3) At a regularly scheduled meeting, not less than seven days after the posting of the130 final contract and financial impact study required by paragraph (1) of this subsection, the131 board shall take a roll-call vote to approve the appointment of the superintendent and to132 approve the employment contract for said superintendent. 133 (i) The publication and timeline provisions of subsection (h) of this section shall also apply134 to any action by the board to extend, renew, or terminate the contract of a superintendent,135 as well as any other action where the board seeks to enter into a separation or settlement136 agreement with the superintendent so as to terminate his or her employment as137 superintendent. 138 (j) The board shall maintain a publicly accessible internet po rtal where persons can139 retrieve, review, download, or print all public documents related to the search, selection,140 appointment, suspension, removal, or termination of superintendents, and such documents141 shall be maintained on such portal for a period of not less than ten years."142 SECTION 2.143 All laws and parts of laws in conflict with this Act are repealed.144 H. 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