School Board

The Orange Beach City School Board is composed of five (5) members appointed by the Orange Beach City Council.  The original members were appointed by the Orange Beach City Council Resolution No 22-064 on April 5, 2022. 

Many desirable characteristics are needed to be a Orange Beach Board of Education member, such as a willingness to give time and effort; a belief in the spirit and need for public education; the ability to motivate other people; the capacity to understand people; the insight which is needed to work as a part of a cooperative body; and a devotion to the concept of a better society through education.

The following qualifications are legally required to become one of the members of the Orange Beach Board of Education:

• The individual must be a resident of Orange Beach, Alabama, and not a member of the Orange Beach City Council;
• The individual shall not be employed by the Orange Beach School System;
• The individual must be of good moral character;
• The individual must have at least a degree from a four-year college or university;
• The individual must not be a registered sex offender;
• The individual must not be a convicted felon; and,
• The individual must not be serving on the board of a private school or college. 

References: Code of Alabama 16-11-2, 16-11-3, 41-16-60, 36-25-1, 36-9-1, Alabama Legislative Acts 91-161, 93-536, 95-258, 98-627, Alabama School Board Governance Act of 2012
 

Orange Beach Board of Education members will pursue ongoing training to develop and enhance their knowledge and effectiveness as Board members and to improve Board governance and operations. 

Training will include at a minimum the requirements of the Alabama School Board Governance Act of 2012:

• Orientation for newly elected or appointed Board members;
• Training or consulting workshop for the local Board as a whole;
• State or national school Board association events addressing Board governance or operation, or other Board member development opportunities relating to leadership development, Board governance, or Board operations.

Beginning July 1, 2013, members must complete six (6) hours of annual training between July 1 and June 30, two (2) hours of which must be interactive training and encompass the entire Board of Education.

After a member’s initial appointment to the Orange Beach Board of Education, the Board recommends that he/she has twelve (12) months to complete the Alabama Association of School Boards’ (AASB’s) two (2) segments of orientation. Orientation is required once, but refresher training is encouraged.

As soon as possible after the appointment of a new Orange Beach Board of Education member, the Superintendent should provide him/her with copies of Alabama school laws, the system’s policy manual, current budget of the school system, Code of Student Conduct, strategic or other long-range plan, and other materials as deemed appropriate by the Superintendent. New members shall be encouraged to attend orientation sessions and other training arranged at the local school system level and by the AASB.

The Superintendent shall include an amount in each proposed annual budget to cover expenses to support the participation of the Board in activities and programs conducted by the State and other organizations as the Board chooses. Board member travel outside of the state of Alabama must be approved in advance by the Orange Beach Board of Education in order for a member to receive reimbursement.

The Orange Beach Board of Education may maintain membership in AASB. Board members shall participate when possible in AASB development opportunities and training programs.

References:Code of Alabama 16-1-6, 16-11-9, Alabama School Board Governance Improvement Act of 2012
 

The Board will elect, from its members, a president and vice-president at its annual     meeting in May of each year. In the event of a vacancy in the office of the president, the vice-president shall fill that office for the remainder of that term until the designated election time for officers. The Board may fill the office of vice-president at any meeting after the vacancy occurs.

The President shall sign, with the Superintendent, the minutes and other official  documents which require the signature of the President. He/she shall perform other duties as prescribed by law or specified in the policies of the  Orange Beach City School System.

The President shall preside at all board meetings, appoint committees, and perform such other duties as may be prescribed by law or by action of the board.  The Vice-President  shall preside  in the absence  of the President and shall perform such other duties of the President as required by circumstances.

If the President and Vice-President are absent from a meeting at which a quorum is present, the Superintendent may conduct an election to select a President Pro-Tem for that respective meeting. The Superintendent shall have no nominating authority or voting rights.

The President of the Board shall have all the following duties:
Preside over all board meetings.

1. Set the meeting dates and times of all board meetings consistent with state law. The President shall endeavor to set meeting times which will afford residents of the city the best opportunity to attend.
2. Set the agenda of the board meetings in consultation with the city superintendent of education.
3. Ensure proper and adequate notice to the public for public hearings on the budget of the school system.
4. Maintain order at all board meetings.
5. Assist the superintendent in seeking public input into the operations and support of the city school system.
6. Vote on all matters which come before the board.
7. Ensure due process for the employees of the city school system according to duly adopted written policies and applicable state laws.
8. Promote the city school system as authorized by the board.
    

The five (5) members of the Orange Beach City Board of Education shall be appointed by the Orange Beach City Council at the first regular meeting of the Council in April. Terms of the office of member of the board shall be five (5) years. The newly appointed board member will assume office at the first regularly scheduled board meeting following the appointment. Members shall serve on the board until their successor assumes office.

The original Board in 2022 was appointed as follows:

• Randy McKinney - Term Expires April 4, 2023
• Tracie Stark - Term Expires April 4, 2024
• Shannon Robinson - Term Expires April 4, 2025
• Nelson Bauer - Term Expires April 4, 2026
• Robert Stuart - Term Expires April 4, 2027

The Orange Beach City Council shall make appointments to fill unexpired vacancies on the board of Education. The Council may set any time to fill the vacancy of an unexpired term.

Any board member shall be considered resigned when he or she permanently establishes residence outside the city or becomes an employee of the Orange Beach City Board of Education.

Members of the Orange Beach City Board of Education are officers of the State and may be removed from office only through impeachment proceedings in Circuit Court or other court of like jurisdiction as stipulated in the Alabama Constitution of 1901.

Causes for impeachment of any board member shall be those applicable to all public officers, namely: willful neglect of duty, corruption in office, incompetence, intemperance in the use of intoxicating liquors or narcotics to such an extent that it renders the officer unfit to discharge duties of the office; or any offense involving moral turpitude while in office, or connected therewith.
Reference(s): Code of Alabama 16-11-2, 16-11-3, 36-9-2, Alabama Legislative Acts 91-161, 93-536, 95-258, 98-627, Alabama Constitution of 1901 Article VII
 

The Orange Beach Board of Education desires to operate with the highest standards of stewardship and principles of public service possible and to that end the Board adopts this Board Code of Conduct.

Conduct of Individuals

• Attends and participates in regularly scheduled and called Board meetings.
• Reads and prepares in advance to discuss issues to be considered on the Board agenda.
• Recognizes the authority of the Board rests only with the Board as a whole and not with individual Board members.
• Upholds and enforces applicable laws, rules and regulations of the local Board, and the Alabama State Board of Education, and court orders pertaining specifically to the school system.
• Renders all decisions based on available facts by exercising independent judgment instead of the opinion of individuals or special interest groups.
• Works with other Board members and the Superintendent to establish effective policies to further the educational goals of the school system.
• Makes decisions on policy matters only after full consideration at public Board meetings.
• Complies with the requirements of the School Board Governance Improvement Act.
• Communicates in a respectful, professional manner with and about fellow Board members and the Superintendent.
• Takes no action that will compromise the Board or school system administration.
• Refrains from using the position of school Board member for personal or partisan gain or to benefit any person or entity over the interests of the school system.
• Informs the Superintendent and fellow Board members of business relationships or family members or close associates or private interests.
• Abstains from voting on or seeking to influence personnel or other actions involving family members or close associates or private interests.
• Communicates to the Board and the Superintendent public reaction to Board policies and school programs.
• Advocates for the needs, resources, and interests of the public school students and the school system.
• Safeguards the confidentiality of nonpublic information.
• Shows respect and courtesy to staff members.

Conduct of Individuals at Board Meetings

• Work with other Board members in a spirit of harmony and cooperation in spite of differences of opinion that may arise during the discussion and resolution of issues at Board meetings.
• Take actions that reflect the first and foremost concern for the educational welfare of all students attending system schools.
• Make decisions in accordance with the interests of the school system as a whole based on system finances available to accomplish education goals and comply with the School Fiscal Accountability Act.
• Abide by and support all majority decisions of the Board.
• Act on personnel recommendations of the Superintendent in a timely manner, particularly when there are financial implications of such decisions.
• Approve operating budgets and budget amendments that are aligned with system goals and objectives and are fiscally responsible.
• Honor and protect the confidentiality of all discussions during executive sessions of the Board.

Conduct of the Board as a Whole

• Recognize that the Superintendent serves as the chief executive officer and secretary to the Board and should be present at all meetings of the Board except when his or her contract, salary or performance is under consideration.
• Honor the Superintendent’s authority for the day-to-day administration of the school system.
• In concert with the Superintendent, regularly and systematically communicate Board actions and decisions to students, staff, and the community.
• Review and evaluate the effectiveness of policies and programs to improve system performance.
• Develop, in concert with the Superintendent, the vision and goals for the school system to address student needs, advance student performance, and monitor the implementation of policies and programs.
• Provide opportunities for all members to express opinions prior to Board action.

References: Code of Alabama 16-1-14.1, Alabama Open Meetings Act, Alabama School Board Governance Improvement Act of 2012
 

The Orange Beach Board of Education is responsible for the organization and control of the public schools of the system and is empowered to determine the policies necessary for the effective operation and general improvement of the school system.  The Board is a public corporate entity and may take action only when the Board is meeting in an official public session and a quorum is present. 

The Orange Beach Board of Education shall limit its action to establishing policy and to meeting the requirements prescribed by federal and state law and rules of the State Board of Education. Individual members of the Orange Beach Board of Education have authority to take official action only when sitting as a member of the Board in public session, except when the Board specifically authorizes the member to act. The Orange Beach Board of Education shall not be bound in any way by any action on the part of an individual Board member or an employee, except when such statement or action is in compliance with the public action of the Orange Beach Board of Education.

The specific duties of the Board shall include, but not be limited to the following:

• Work with the Superintendent to establish a vision for the school system by adopting goals that address student needs, advance student performance, and review data to monitor implementation of policies and programs.
• Adopt policies and programs to meet the adopted goals and respond to system needs recommended by the Superintendent.
• Address personnel recommendations submitted by the Superintendent in a timely manner and take personnel actions based on student needs and system finances without regard to personal preferences or political interests.
• Approve operating budgets aligned with the adopted goals as recommended by the Superintendent.
• Advocate for the needs, resources, and interests of students and allow the Superintendent to address constituent issues.

The duties and obligations of an individual Orange Beach Board of Education member shall include, but not be limited to the following:

• To attend all meetings;
• To become familiar with selected federal and state school laws, State Department of Education rules and regulations, and local Board policies, rules and regulations;
• To assist in establishing the highest goals and objectives for the Orange Beach School System which realistically can be achieved;
• To vote and act in the Board meetings for the total good of the school system;
• To accept the will of the majority vote and give support to the resultant policy;
• To represent the Orange Beach Board of Education in such a way as to promote public interest in and support for Board-related activities;
• To refer complaints and inquiries to the proper school authorities and to abstain from individual counsel and action;
• To recognize that candid discussions based on objective rationale are vital to the ultimate success of the school system;
• To comply with statutory requirements, state and Orange Beach Board of Education policies, and regulations of duly authorized administrative agencies;
• To act ethically in all matters at all times, thereby representing the school system to the best of one’s ability; and,
• To receive no financial interest or personal benefit, either directly or indirectly, in the purchase of or contract for real or personal property or contractual service with the Orange Beach Board of Education.

References: Code of Alabama 16-11-9, 16-11-5, 16-11-17, 16-11-24, 36-25-1, 36-26-100, 41-16-50, 41-16-57, Alabama Legislative Act 2005-40 (Alabama Open Meetings Act), Alabama School Board Governance, Improvement Act of 2012
 

All Orange Beach Board of Education meetings shall be open to the public, and all informal meetings and conferences involving Board members shall be conducted as public meetings unless specifically exempted by Alabama Statutes. The Orange Beach Board of Education may take no official action at any time other than at an open meeting.

Regular, special, and emergency meetings of the Orange Beach Board of Education shall be held in the regular Board meeting room, unless changed in the manner prescribed herein. Dates, times, and locations of regular meetings shall be approved at the Board’s annual organizational meeting. Any regular or special meeting may be held at any other appropriate public place within the system by giving prior public notice.

Special meetings shall be held at the time designated by the Superintendent, President, or when requested by two (2) Board members in written notice.

Emergency meetings may be held at any time by the Superintendent, either upon his/her initiative or upon the President’s request.  An emergency meeting may be called, and the public shall be notified. Orange Beach Board of Education members shall be given a tentative agenda during the notification.

Board members shall receive notice of each regularly scheduled Board meeting, including an unapproved agenda, at least twenty-four (24) hours prior to regular Board meetings. The Superintendent shall, whenever possible, notify or cause to be notified, all Board members at least twenty-four (24) hours prior to special meetings. 

All Orange Beach Board of Education meetings shall be conducted in accordance with the latest edition of Roberts’ Standard Rules of Order. A majority of the Board shall constitute a quorum for the transaction of business. An official act of the Board shall require a majority vote of the total membership. The President may discuss, make motions, second motions, and have a vote on all matters before the Board. 

Order of Business: The Board shall adhere to the following order of business when conducting regular meetings:

• Call to order, welcome of visitors
• Roll call, establishment of a quorum
• Approval of Agenda
• Disposition of minutes and payroll or bills and accounts
• Communications and/or hearing of delegations
• Unfinished business
• New business
• Superintendent’s reports, information items, Board discussion items
• Adjournment

Participation Procedure: All citizens are encouraged to attend open meetings of the Orange Beach Board of Education.

Addressing the Board:  Delegates desiring to address the Board may be permitted to address the Board at all regular Board meetings according to established procedures. No delegations shall be permitted during special meetings, unless the Board votes to suspend the rules to allow them. Individuals or delegations who wish to appear before the Board shall submit such a request to the Superintendent at least five (5) working days prior to the meeting date, stating what matters are to be presented to the Board, and the approximate time such matters should consume at the meeting. Each delegation appearing before the Board shall select one (1) person in advance as spokesperson. The President of the Board may recognize persons at the meetings for the purpose of introducing such persons. However, a person is not entitled to take up business before the Board unless the item in which he is interested has been placed on the agenda of the meeting or unless a motion to permit such a person to take up business before the Board is approved by two-thirds of the Board members present. Such persons shall neither engage in debate with the Board nor address questions to any member of the Board. Comments will be limited to five (5) minutes or less in length. The Board, in its discretion, may address questions to persons who address the Board after the presentation is completed. The Board shall have authority to terminate the remarks of or remove any person when such remarks become personal in nature or such person disrupts, becomes boisterous, or interferes in any manner with the orderly process of the meeting. (See Policy 9.90 Public Comments.)

Resolution Factors: All school community residents are urged first to seek resolution with school employees directly involved and/or school administrators before requesting to be on the Board agenda. If a concern or concerns stated are not specific or resolution has not been attempted, the resident seeking resolution shall be referred back to school personnel before the Board can take action. To facilitate resolution delegations are encouraged to meet with the Superintendent and President to outline problems. The Board may determine they do not have the means or authority to legislate or attempt resolution for a given concern and may vote to dismiss a given item as a valid Board business item.

Quorum: A majority shall constitute a quorum for any Orange Beach Board of Education meeting. Unless a majority is present, no meeting can be convened. There shall be no representation by proxy of any Orange Beach Board of Education member.

Minutes: The official minutes of the Orange Beach Board of Education shall be kept as prescribed by Alabama statutes. The minutes shall be kept in a safe place by the Superintendent and shall be made available by the Superintendent during the time the office is open to any citizen desiring to examine the minutes.
Only motions, resolutions, and the necessary information related thereto; the name of the person making the motion or submitting the resolution; the name of the person who seconds the motion; and the vote or action thereon must be recorded.  Other relevant information as determined by the Superintendent may be recorded.

Executive Session: The Orange Beach Board of Education may vote in a legally called meeting and, upon approval of the majority of the whole Board, may hold executive sessions for specific purposes. Such purposes shall be limited to those involving the character or good name of a person or pending litigation in which the Board is a party. Executive sessions shall be attended only by members of the Orange Beach Board of Education, the Superintendent, counsel if necessary, and persons necessary to ensure due process. All matters discussed by the Board in executive session shall be regarded as confidential by all persons in attendance and shall not be divulged to the public. No minutes shall be kept of executive session discussions. Nothing having the effect of regulation, policy, or official action of any kind shall be decided in an executive session.

Notification of Meetings: Public notice shall include the time, date, and place of Orange Beach Board of Education meetings. Persons wishing to receive individual notice by email must notify the Superintendent in writing of their request. Persons requesting such notice shall be responsible for having a valid email address and are responsible for informing the Superintendent of any changes of address. The Board is not responsible for email that is not deliverable for whatever reason. The Superintendent may remove any address for which email is undeliverable via the Internet. The Superintendent shall establish a notification system for members of the public.

References: Code of Alabama 16-11-5, Alabama Legislative Acts 91-161, 93-536, and 2005-40 (Alabama Open Meetings Act)
 

Policy Adoption: The Orange Beach Board of Education shall formulate policies by which its schools shall be managed.

No Orange Beach Board of Education policy shall be construed to create or confer any contractual right, property right, entitlement of, expectancy of, or other legal cognizable interest in employment or continuing employment. Nothing in any policy shall be construed to create or grant employment rights greater than or in addition to those expressed in law or written contract. 

Before adopting written policies, the Board shall directly or indirectly, through the Superintendent, consult with the local employees’ professional organization whose parent organization represents the majority of school employees statewide. Input by the applicable professional organization shall be made in writing to the Superintendent. The Superintendent may also consult professional assistants, principals, employees and interested citizens. All policies shall be made available to all persons affected and employed by the Orange Beach Board of Education.

Policy Dissemination: Board policies and administrative rules and regulations shall also be made accessible to all members of the Orange Beach Board of Education, students and members of the community served by the school system. Board policies shall be available to employees, parents, students, and the public on the school system website.

Any amendments to the policies, rules and regulations of the Orange Beach Board of Education shall be furnished to the affected persons employed by the Board. The Orange Beach Board of Education is aware a preliminary requirement for demanding certain standards of performance is adequate notification of such requirements. The Board is also aware that the responsibility of familiarization with specific aspects of policies rests with the employee following fair and reasonable attempts by administrative personnel to provide such information.

Policy Suspension: All policies established at any time by the Orange Beach Board of Education are implemented with the expectation that they will apply under routine circumstances. No policy is intended to restrict the Board's general authority to exercise all powers necessary and proper for the administration and management of the schools. Therefore, whenever in the Board's opinion it would be in the best interest of the system to suspend one or more policies, the Board may acknowledge that fact, suspend the application of the policies, and take whatever action it deems appropriate. Any such action taken by the Board under this policy shall not be a violation of any suspended policy, provided the minutes of the Board reflect the Board's determination that the best interest of the system justified the suspension of the policy.

Administration in the Absence of Policy: The Board authorizes the Superintendent to take reasonable and prudent action when the Board has provided no guidelines for administrative action. The Superintendent shall have the power to act unless the power to take such action is invested solely in the Board by law. 

References: Code of Alabama 16-12-5, 16-11-9, 16-11-2, Alabama Administrative Code §290-3-1-.02
 

The Orange Beach Board of Education shall be responsible for school and student performance and for developing, approving, implementing, and maintaining a system of school improvement and education accountability pursuant to Alabama statutes and State Board of Education rules. The system shall establish the individual school as the unit for education accountability and shall conform to the provisions of planning and budgeting as required by Alabama statutes and State Board of Education rules. 

References: Code of Alabama 16-6b-3, 16-6b-7, 16-11-9, Alabama Administrative Code § 290-4-1-.01, Every Student Succeeds Act of 2015
 

When necessary, special committees may be appointed by the Orange Beach Board of Education President. The duties of any such committee shall be outlined at the time of appointment; the committee shall be automatically dissolved when the Board accepts the committee’s final report. Each Orange Beach Board of Education member shall be notified of all committee meetings, but shall have no vote unless the member is serving as a committee member. All meetings of Board committees shall be open to the public.

Special committees or individuals who serve on special committees shall take no action that is binding upon the Orange Beach Board of Education.

Reference: Code of Alabama 16-11-9
 

The Orange Beach Board of Education attorney, obtained from outside the Board’s membership, shall act as legal advisor to the Orange Beach Board of Education and the Superintendent. When approved by the Board, special counsel may be retained to assist in any litigation or other matter.

Reference(s):  Code of Alabama 16-11-9
 

The operation of a public school system is a complex undertaking. Important to success is the quality of relationship that exists between the Board and the Superintendent and his/her staff. In some cases, the duties and prerogatives of each can be clearly defined; while in others, functions necessarily overlap. Often complicated questions that cannot be anticipated will arise; faith, understanding, and patience are essential to teamwork. Advance knowledge that certain codes of conduct and principles will be observed by the Superintendent and Board members promotes confidence, trust, and provides for understanding and cooperation.

The Orange Beach Board of Education considers the formulation and adoption of policies as its most important function. The execution and implementation of adopted policies shall be the function of the Superintendent.

Delegation by the Board of its executive powers to the Superintendent provides freedom for the Superintendent to manage the schools within the Board’s policies and frees the Board to devote its time to policy-making and judicial and evaluative functions.

The Board shall hold the Superintendent responsible for carrying out its policies within established guidelines and for keeping the Board informed about school operations. In an effort to keep the Board informed, the Superintendent shall promptly notify Board members of any happenings of an emergency nature that occur in the schools.

References: Code of Alabama 16-1-30, 16-11-9