Policy ESU-8480

Board Operating Procedures

Conduct of Public Hearings on Personnel

Reviewed and affirmed by the Board: 
Last Revision: 
Original publish date: 08/22/1989
Related policies & regulations:  
Legal references:  

 Any required personnel hearings shall be held before a quorum of the Educational Service Unit Board. The President of the Unit Board shall preside. Due and proper notice of the hearing shall be given and the hearing shall be held in accordance with the open meetings law.

An attorney, other than the attorney for the Service Unit, shall be selected and designated as the advisory attorney. The advisory attorney shall rule upon evidence and objections and shall perform other duties as are provided by these rules of procedure but shall not otherwise participate in the hearing. Prior knowledge of the facts involved shall not, in itself, be a reason for disqualification.

The advisory attorney shall remind the Unit Board members of their oath of office and of the fact that if any Unit Board member is not able to make a fair and impartial determination based upon the evidence presented at the hearing, he or she should disqualify themselves prior to commencement of the hearing.

The parties or their counsel may make opening statements outlining the issues and facts involved.

The attorney for the Service Unit shall then offer evidence in support of the reasons given. The employee or the employee’s attorney shall then be entitled to present evidence material to the issues. Rebuttal evidence may then be offered.

All witnesses shall be sworn by the advisory attorney. Testimony shall be offered in question-and-answer form and all witnesses shall be subject to cross-examination. Objections and admissibility of evidence will be ruled upon by the advisory attorney.

At the conclusion of the evidence, both parties may make closing statements.

During the deliberations, the advisory attorney may answer legal questions and shall assist the Unit Board in drafting of the specific findings and determinations for any minority opinions. The Unit Board shall reduce its findings and determinations to writing. The findings and determinations shall be based solely upon evidence presented at the hearing. Copies of the findings and determinations shall be furnished to the employee as soon as practical.

Formal action will be taken at the time, place and date specified in the original notice and the employee will be advised of the action taken at said meeting.