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February 03, 2004 The People’s Agenda Gov. Riley’s Accountability and Reform Initiatives
School Fiscal Management and Responsibility - Ensures that taxpayer dollars invested in school systems are closely monitored and audited so there will be no waste or abuse by the bureaucracy. Creates criminal penalties for intentional fiscal mismanagement. 1. This bill requires the State Superintendent of Education to employ a chief education financial officer and necessary auditors 2. Requires the State Superintendent to develop and conduct programs for the instruction and testing of local superintendents of education in finance, instruction and legal requirements 3. Requires local superintendents of education to appoint chief school financial officers of minimum competency and provides the duties of those officers 4. Requires the purchase of necessary financial software to monitor the financial conditions of local school systems 5. Requires that city and county boards of education be audited annually by the Examiners of Public Accounts 6. Provides that local boards develop a plan to establish and maintain a reserve of one month’s operating expenses 7. Establishes penalties for providing inaccurate financial information Education Administrator Accountability - Eliminates tenure for administrators. 8. The bill eliminates tenure for administrators including assistant principals, financial officers, and supervisors. 9. The bill establishes the process by which a contract employee could challenge contract cancellation through a non-jury, expedited evidentiary hearing in the county circuit court or by a mediator chosen by the circuit court. The decision of the mediator would be binding on the parties. Tenure Reform - Maintains teacher tenure but streamlines the process for removing an incompetent teacher. Under the current process, it takes more than a year. This reform reduces this process to just a few months. 10. This bill streamlines the process for public school teachers to contest terminations of employment, transfers, and suspensions. 11. Gives school boards the option to use a hearing officer to conduct a termination hearing in lieu of a hearing before the board. 12. Shortens hearing length by providing examples of what constitutes certain grounds for dismissal. For example, failure to show up for work without taking leave would presumptively be considered neglect of duty. 13. Allows appeal of the board’s decision to an arbiter from the Federal Mediation and Conciliation Service. Arbiter would review the record and allow for a second, limited hearing that would allow the employee to testify on his or her behalf. Each side will also be allowed oral argument. Fair Dismissal Reform - Like teacher tenure reform, this proposal streamlines the process for removing non-teaching personnel who are not performing satisfactorily. 14. This bill streamlines the contest and appeal process for employees of local boards of education, two-year colleges, the Alabama Institute for Deaf and Blind and non-merit employees of the Department of Youth Services 15. Provides that employees have a hearing before the local board of education and an appeal heard by a hearing officer appointed by the United States Federal Mediation and Conciliation Service. Testimony by the employee will be allowed before the arbiter and oral testimony by both sides will be heard. 16. Streamlines the hearing process by limiting, unless good cause is shown, the number of witnesses either party can call to 10 and allowing the board to refuse to hear redundant evidence. Local Cafeteria Flexibility - Frees up $40 million and gives schools some flexibility to use funds where they are needed. 1. Current law prohibits local schools systems from using available, excess Child Nutrition Program monies for salaries and benefits for cafeteria employees. 2. Currently the Department of Education estimates available funds in excess of $40 million. 3. This bill will allow local cafeteria programs to use operating funds in excess of a two-month operating balance for salaries, benefits, and all other operating costs associated with the Child Nutrition Program. Part-time Teacher Reform - Gives schools greater flexibility to hire teachers for part-time jobs. Schools should not be required to pay full-time benefits for part-time teachers. 1. This bill allows schools to hire part-time teachers without providing full-time benefits and tenure, provided their salaries, on an hourly rate, reflect the salary schedule hourly rate adopted by the Legislature or board of education. 2. This bill ensures that part-time employees are still eligible for a pro-rata share of benefits.
The Alabama Higher Education Improvement Act of 2004 - Improves accountability of Alabama’s higher education system by strengthening ACHE and allowing it to eliminate redundant programs, set mission statements and create a report card on student achievement. 1. This bill reduces term of ACHE members from 9 years to 6 years and allows the Governor (instead of commission), with consultation from the commission and the Council of Presidents, to appoint the executive director 2. Provides that the executive director serve at the pleasure of the Governor and serve in the Cabinet. 3. Eliminates the requirement that the executive director be confirmed by the Senate. (All commission members are still confirmed.) 4. Provides that the Commission, in consultation with the boards of trustees, the Council of Presidents and college and university personnel, shall have the authority to set mission statements and role and scope designations for each institution. 5. Adds language that states that it is the intent of the legislature that the mission statements of the public four-year institutions shall, whenever practical, prohibit those institutions from providing remedial education courses and that institutions under the purview of the Postsecondary Education Department shall, whenever practical, provide all remedial education courses. 6. Provides that the Commission shall have broad authority to shut down any academic program that is (i) nonviable in terms of the number of degrees granted as defined by current law, the number of students served by the program, the program’s effectiveness, and budgetary considerations (ii) supported by state funds and is unnecessarily duplicative of academic programs offered at other public institutions of higher education in the state or (iii) inconsistent with the institution’s mission. 7. Provides that the commission shall develop an annual assessment or “report card” of student achievement and administrative accountability and that an omnibus report be submitted to the Governor and legislature each January beginning 2006. 8. Provides that nonresident students in Alabama public institutions of higher education shall be charged a minimum of three times the resident tuition rate of each institution. The increase will be phased in over two years beginning in August of 2004. Boards of Trustees Reform - Removes possible conflicts of interest from our public colleges and universities. 1. Prohibits legislators and political appointees of the executive branch from serving on boards of trustees. 2. The bill would also prohibit members of boards of trustees and their immediate family members from transaction business with any state entity.
DROP Repeal - Eliminates unnecessary and costly benefits program that cost the state $27 million last year. 1. This bill would repeal the Deferred Retirement Option Plan (“DROP”). 2. This bill would provide that the rights and duties of persons who have elected to participate in DROP prior to such repeal shall not be affected by such repeal. Public Employee Retirement Reform - This reform puts Alabama more in line with other states when it comes to length of service to quality for public employees. This reform will apply only to public employees after it takes affect. 1. Increase the number of years for full retirement eligibility to 30 years from 25 years for new employees. 2. This will not impact employees that are currently in the system. Retiree Health Insurance Reform - Requires public employees who retire early to pay a prorated share of their health insurance benefits. 3. Amend current system to require that state employees who retire early to receive only a pro rata share of health insurance benefits. 4. This will not impact employs who have already retired.
State Holiday Rationalization - This reform makes Alabama more comparable to other states and the federal government, which grants its employee only 10 holidays. 5. Reduce the number of state holidays from 13 to 11 by combining 2 confederate holidays and eliminating Mardi Gras Veto Reform - Gives Alabama’s Governor stronger veto power and line-item veto power to eliminate unnecessary spending items from budgets by requiring a 2/3 vote of the Legislature to override. Under the current system, a simple majority can override a Governor’s veto or line-item veto. 6. The constitution presently gives the governor six days to act on a bill if the legislature is in session, unless the time is extended because the house in which the bill originated is in recess, and fifteen days in which to consider a bill if it is presented within five days of adjournment sine die. This amendment would give the governor seven calendar days to consider a bill while the legislature is in session, and twenty days from presentation if the legislature adjourns sine die within seven days after the bill is presented to him. 7. Present section 125 requires “a majority of the whole number elected” to override the governor’s veto. This amendment would require the vote of two-thirds of the members elected to each house for passage of the bill. 8. Present section 126 allows the governor to “approve or disapprove any item or items of any appropriation bill embracing distinct items.” This amendment would require the affirmative vote of two-thirds of the members elected to each house to override the governor’s line item veto. Limited Home Rule - Allows purely local matters to be handled at the level closest to the people. Gov. Riley’s proposal does require approval by voters for local tax increases. 1. This bill proposes an amendment to the Constitution of Alabama of 1901 that would provide for limited optional home rule for those counties in the State, the qualified electors of which approve the same, in the areas of public safety and health, taxation and land use regulation and control. 2. The amendment provides an absolute guarantee that no county government choosing to exercise home rule taxing powers under the proposed amendment could raise taxes without the approval of its voters. Legislator Term Limits - Gov. Riley has been a long-time supporter of term limits. He limited his terms when he served in Congress. 1. This constitutional amendment would establish term limits on members of both houses of the Alabama legislature of twelve years. 2. The twelve-year limit would apply to each house individually allowing for a total of 24 years of service if one serves in each house of the legislature. 3. The term limits would be effective in the quadrennium beginning in 2007. Longevity Pay 1. Eliminates the automatic $300 to $500 bonus state employees receive each year after being employed for five years. Vacation Reform 2. Caps the maximum number of vacation days that a state employee may receive at four weeks per year.
Permanent Pass Through Pork Ban - Gov. Riley banned this deceitful practice by Executive Order. This reform makes the ban permanent. 1. This bill prohibits pass through appropriations. 2. This bill defines pass through appropriations as expenditures by an agency that are not appropriated as a line item or earmarked in the budget 3. The Finance Director is authorized to declare all pass through appropriations to be void and reclaim the money from such appropriations. 4. Requires agency directors to report any legislative directives regarding pass-through appropriations 5. Provides for a Class C misdemeanor for any agency director that violates the provisions of the bill 6. All grant-making agencies must maintain a public record of all grants awarded, the recipients, and all applicants for such grants 7. This bill expressly protects the right of a legislator to lobby for or offer support for a legal and valid program of an agency. PAC to PAC Transfer Ban - Instead of keeping these transfers hidden from public view, Gov. Riley’s reform shines the light of accountability on them so citizens will know the true source of campaign contributions. 1. This bill would end the practice of transfers of campaign funds between political action committees. 2. Provides that contributions may be made between principal campaign committees; between political committees and principal campaign committees; and between political committees of associations formed and operating with a bona fide on-going relationship with their members for a principal purpose other than influencing elections in either of the following situations: * The contribution is between national, regional, state, and local political committees representing components, chapters, or locals within an organization. * The contribution is between a political committee of a professional association, business association, commercial association, industrial association, or trade association that is organized as a nonprofit corporation under Alabama law and the political committee of a member organization. Lobbyist Ethics Reform - Changes the system that today allows lobbyists to spend up to $250 per day on public officials without reporting it. 1. This bill would require full disclosure of lobbyist expenditures on elected officials and staff. 2. This bill would require executive branch lobbyist to register in the same manner legislative branch lobbyist register. | |
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