NOTICE OF ELECTRONIC FILING

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1 AlaFile E-Notice 01-CV To: GILES GILPIN PERKINS NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA THE BOARD OF EDUCATION OF THE CITY OF GARDENDALE V. THE JEFFERSON COUN 01-CV The following complaint was FILED on 3/17/2015 1:02:50 PM Notice Date: 3/17/2015 1:02:50 PM ANNE-MARIE ADAMS CIRCUIT COURT CLERK JEFFERSON COUNTY, ALABAMA JEFFERSON COUNTY, ALABAMA 716 N. RICHARD ARRINGTON BLVD. BIRMINGHAM, AL

2 State of Alabama Unified Judicial System Form ARCiv-93 Rev.5/99 DOCUMENT 1 COVER SHEET CIRCUIT COURT - CIVIL CASE (Not For Domestic Relations Cases) Case Number: 01-CV Date of Filing: 03/17/2015 ELECTRONICALLY FILED 3/17/2015 1:02 PM 01-CV CIRCUIT COURT OF JEFFERSON Judge COUNTY, Code: ALABAMA ANNE-MARIE ADAMS, CLERK GENERAL INFORMATION IN THE CIRCUIT OF JEFFERSON COUNTY, ALABAMA THE BOARD OF EDUCATION OF THE CITY OF GARDENDALE v. THE JEFFERSON COUNTY BOARD OF First Plaintiff: Business Government Individual Other First Defendant: Business Government Individual Other NATURE OF SUIT: TORTS: PERSONAL INJURY WDEA - Wrongful Death TONG - Negligence: General TOMV - Negligence: Motor Vehicle TOWA - Wantonnes TOPL - Product Liability/AEMLD TOMM - Malpractice-Medical TOLM - Malpractice-Legal TOOM - Malpractice-Other TBFM - Fraud/Bad Faith/Misrepresentation TOXX - Other: TORTS: PERSONAL INJURY TOPE - Personal Property TORE - Real Property OTHER CIVIL FILINGS ABAN - Abandoned Automobile ACCT - Account & Nonmortgage APAA - Administrative Agency Appeal ADPA - Administrative Procedure Act ANPS - Adults in Need of Protective Services OTHER CIVIL FILINGS (cont'd) MSXX - Birth/Death Certificate Modification/Bond Forfeiture Appeal/Enforcement of Agency Subpoena/Petition to Preserve CVRT - Civil Rights COND - Condemnation/Eminent Domain/Right-of-Way CTMP-Contempt of Court CONT-Contract/Ejectment/Writ of Seizure TOCN - Conversion EQND- Equity Non-Damages Actions/Declaratory Judgment/Injunction Election Contest/Quiet Title/Sale For Division CVUD-Eviction Appeal/Unlawfyul Detainer FORJ-Foreign Judgment FORF-Fruits of Crime Forfeiture MSHC-Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition PFAB-Protection From Abuse FELA-Railroad/Seaman (FELA) RPRO-Real Property WTEG-Will/Trust/Estate/Guardianship/Conservatorship COMP-Workers' Compensation CVXX-Miscellaneous Circuit Civil Case ORIGIN: F INITIAL FILING A APPEAL FROM DISTRICT COURT O OTHER R REMANDED T TRANSFERRED FROM OTHER CIRCUIT COURT HAS JURY TRIAL BEEN DEMANDED? Yes No RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED ATTORNEY CODE: PER043 3/17/2015 1:02:38 PM /s/ GILES GILPIN PERKINS MEDIATION REQUESTED: Yes No Undecided

3 ELECTRONICALLY FILED 3/17/2015 1:02 PM 01-CV CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA ANNE-MARIE ADAMS, CLERK IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA THE BOARD OF EDUCATION OF THE CITY OF GARDENDALE, v. Plaintiff, THE JEFFERSON COUNTY BOARD OF EDUCATION, THE STATE OF ALABAMA DEPARTMENT OF EDUCATION, DEAN TAYLOR, JR., individually and as a member of the Jefferson County Board of Education, JENNIFER H. PARSONS, individually and as a member of the Jefferson County Board of Education, JACQUELINE A. SMITH, individually and as a member of the Jefferson County Board of Education, OSCAR S. MANN, individually and as a member of the Jefferson County Board of Education, MARTHA V.J. BOUYER, individually and as a member of the Jefferson County Board of Education, WARREN CRAIG POUNCEY, individually and as Superintendent of the Jefferson County School District, and THOMAS R. BICE, individually and as Superintendent of the State Department of Education, Defendants. CV PETITION FOR A WRIT OF MANDAMUS, OR, IN THE ALTERNATIVE, FOR A COMMON-LAW WRIT OF CERTIORARI, OR, IN THE ALTERNATIVE, COMPLAINT FOR EQUITABLE AND DECLARATORY RELIEF Plaintiff The City of Gardendale Board of Education complains of Defendants and demands the equitable and declaratory relief set forth below, reserving its right to amend these averments as may become necessary.

4 PARTIES AND JURISDICTION 1. Plaintiff is a municipal board of education organized under the provisions of Chapter 11, Title 16 of the Code of Alabama for the general administration and supervision of the public schools and educational interests of the City of Gardendale. 2. Defendant the Jefferson County Board of Education is a county school board organized under Alabama law for the general administration of the public schools in Jefferson County except those schools under the control of a city school board. 3. Defendant Dean Taylor, Jr. is an individual resident of Jefferson County, Alabama and a member of the Jefferson County Board of Education. 4. Defendant Jennifer Parsons is an individual resident of Jefferson County, Alabama and a member of the Jefferson County Board of Education. 5. Defendant Jacqueline Smith is an individual resident of Jefferson County, Alabama and a member of the Jefferson County Board of Education. 6. Defendant Oscar Mann is an individual resident of Jefferson County, Alabama and a member of the Jefferson County Board of Education. 7. Defendant Martha V.J. Bouyer is an individual resident of Jefferson County, Alabama and a member of the Jefferson County Board of Education. 8. Defendant Warren Craig Pouncey is an individual resident of Crenshaw County, Alabama and is the superintendent of the Jefferson County School District. 9. Defendants the Jefferson County Board of Education, Taylor, Parsons, Smith, Mann, Bouyer, and Pouncey are at times referred to collectively hereinafter as the County School Board Defendants

5 10. Defendant the State of Alabama Department of Education is a state agency formed to administer and discharge the duties imposed under Alabama law for the administration of school boards and education resources throughout the state. 11. Defendant Thomas R. Bice is an individual resident of Montgomery County, Alabama and is the superintendent of the State of Alabama Department of Education. 12. All individual defendants named herein are sued in their official and individual capacities. 13. This Court has general jurisdiction over claims for equitable and declaratory relief and exercises jurisdiction over petitions for common-law writs of certiorari or mandamus directed toward public officials. FACTUAL BACKGROUND 14. The City of Gardendale caused to be formed the City of Gardendale Board of Education (hereinafter, Plaintiff or the School Board ) in 2014 and levied a 10-mill school ad valorem tax to fund and support the School Board s contemplated administration of the public schools within the City of Gardendale, for the benefit of the approximately 2,300 students who live within Gardendale s corporate limits, as well as an estimated 750 students who live in nearby unincorporated communities. 15. The City of Gardendale s population, as of the 2010 federal census, was approximately 14,000. It is the desire of a majority of the citizens of Gardendale, for the benefit of the students within the district, that its own school board assume control of the public schools within the district for the school year. 16. To that end, the School Board intends to begin its administration of the public schools within its district on July 1,

6 17. Before the School Board was formed, the public schools located within and near Gardendale had been under the control of the Jefferson County Board of Education (hereinafter, the County School Board ). 18. Included within those schools was the Gardendale High School, built in 2010 with funding more than $300,000,000 that the County School Board received from the Jefferson County Commission. The County School Board thus did not incur debt or any financial obligation to construct the Gardendale High School. 19. In 2014, after the City of Gardendale caused Plaintiff to be formed, Plaintiff approached the County School Board to discuss how to accomplish the transition of control over Gardendale schools to Plaintiff, as required under Ala. Code and other statutes. 20. In a dramatic break with prior practice, however, the County School Board declined to negotiate with Plaintiff in good faith, flatly refusing to consider Plaintiff s request that the County School Board, per its statutory duty under Ala. Code and other statutes, relinquish control of the school facilities namely, Gardendale Elementary School, Snow Rogers Elementary School, Bragg Middle School, and Gardendale High School, all of which are located within the city limits of Gardendale to Plaintiff. 21. Accordingly, in November 2014, Plaintiff and the County School Board requested Superintendent Bice, as the superintendent of the State Department of Education, to resolve unreconciled critical issues. 22. Superintendent Bice s initial response, in his preliminary decision dated February 6, 2015, purported to place a monetary value on the debt-free Gardendale High School and to require the School Board to pay an unprecedented Exit Fee of $8.1 million. This was a departure from the established practice for public-school separations in Alabama, including those

7 municipalities in Jefferson County that have established city school boards since 2003 and have assumed control of their schools from the County School Board. 23. The School Board timely responded to Superintendent Bice s decision, pointing out the City of Gardendale s right under Alabama law to form its own school district and board of education, the School Board s right to control the schools within its municipal school district, the County School Board s lack of indebtedness for Gardendale High School, and the unprecedented nature and fundamental inequity of Superintendent Bice s preliminary decision. 24. In his final decision of February 26, 2015 (the Final Order ), Superintendent Bice properly held that the School Board may move forward with its separation from the County School Board and that no payment to the County School Board would be required at this time. 25. The Final Order also adopted as binding on Defendants the School Board s 13- year Open Door Attendance Policy, as submitted, beginning with the upcoming school year. 26. The Final Order s adoption of the Open Door Attendance Policy ensures that students currently attending Gardendale schools will be able to remain there through their graduation, even if they reside outside of Gardendale city limits. This ensures continuity of educational services for all students. 27. The Final Order also adopted as binding Plaintiff s proposal that students attending the William E. Burkett Multi-Handicapped Center and who reside in the community of Gardendale be entitled to remain at that facility unless a different arrangement is negotiated between the boards, or as otherwise directed by Superintendent Bice. 28. The Final Order also denied Plaintiff s request for payment of the July September employee payroll from the Foundation Program. This is contrary to the actions taken

8 in other recent separation agreements. Due to the fact that the County School Board will not have expenditures for payroll and has received the revenue from the state from the Foundation Program, this will result in a financial windfall for the County School Board. 29. The Final Order makes clear that its resolutions are immediate and are necessary to complete planning for the school year. 30. These items were decided by the Final Order and are binding on Defendants, but certain matters were left to the school boards to work together to finalize details leading to Plaintiff s assumption of control over Gardendale schools in a separation agreement. 31. However, rather than negotiate with Plaintiff in good faith on those details as Superintendent Bice instructed, the County School Board has refused to view the Final Order as authoritative or final and has refused to move forward with handing over control of Gardendale schools. 32. Plaintiff brings this action to seek relief from the legal errors and arbitrary and capricious actions of the Defendants. COUNT ONE Petition for a Common-Law Writ of Mandamus 33. Plaintiff adopts and incorporates here all foregoing allegations. 34. Plaintiff has the statutory right to administer the public schools within its school district, absent an agreement with the County School Board to allow those schools to remain under the control of the County School Board. 35. No such agreement exists between Plaintiff and the County School Board. 36. In the absence of such an agreement, the County School Board Defendants have a legal duty to allow Plaintiff to assume control of the public schools within the city limits of Gardendale

9 37. Alabama law affords the County School Board Defendants no discretion in this respect; their duty is simply to perform the ministerial act of transferring control of the schools, held in the public trust, to Plaintiff. 38. The County School Board Defendants and Defendant Pouncey have breached their statutory duty to allow Plaintiff to administer the public schools within its district, despite Plaintiff s request that they do so. 39. Plaintiff has a clear legal right to a common-law writ of mandamus directing the County School Board Defendants and Defendant Pouncey to relinquish control of the public schools within the Gardendale school district to Plaintiff. 40. Plaintiff therefore prays that this Court issue such a writ and order that Defendants perform the ministerial act of ceding administration of the schools at issue to Plaintiff as directed by the Final Order. COUNT TWO Injunctive Relief 41. Plaintiff adopts and incorporates here all foregoing allegations. 42. In the alternative to the above counts, Plaintiff seeks a permanent injunction directing Defendants to recognize Plaintiff s statutory rights. 43. Plaintiff has demonstrated above its likelihood of success on the merits of its claim that Defendants have erred in refusing to recognize Plaintiff s statutory right to control the schools in its district. 44. Further, Plaintiff faces irreparable harm if Defendants are not ordered to recognize Plaintiff s statutory right to control its public schools, because the school year is fast approaching and Plaintiff will be prevented from fulfilling its legal duty indeed, its

10 reason for existence to administer Gardendale public schools for the good of its students if those schools are not placed under Plaintiff s administration. 45. As outlined above, the Final Order properly requires the County School Board to hand over control of Gardendale schools by July 1, The Final Order does not expressly state that the County School Board Defendants must immediately grant Plaintiff access to the facilities and employees of the Gardendale schools to allow Plaintiff to engage in the planning and preparations that are necessary for Plaintiff to be able to take control of the schools for the school year. 47. It is clear, however, that the Final Order was intended to allow for this necessary planning to occur immediately so that Plaintiff will be ready to fulfill its duties to the students of Gardendale for the school year. The Order itself indicates that it includes resolutions necessary to complete planning for the school year. However, the County School Board Defendants refuse to negotiate matters related to such planning and jeopardize the Plaintiff s ability to operate its school system. 48. Immediate access to the facilities and employees is part of the planning Plaintiff must undertake to fulfill its duties to its students. 49. It is therefore necessary that the County School Board Defendants be enjoined to immediately allow Plaintiff such access to enable Plaintiff to be in a position to fulfill its duties to the students of Gardendale schools by July 1, No amount of money damages could make Plaintiff whole if it is not allowed this access for necessary planning. Plaintiff thus has no adequate remedy at law. 51. Moreover, Defendants cannot establish any hardship by reason of the injunctive relief Plaintiff seeks here because Defendants are already under a legal duty to yield control of

11 the Gardendale public schools to the School Board and so cannot be heard to complain of any hardship occasioned by their refusal to follow the law. Further, the County School Board will not be left with any indebtedness attaching to the Gardendale public schools for which it would remain responsible after control is passed to Plaintiff. 52. Plaintiff is entitled to and demands equitable relief in the form of a permanent injunction that will: (1) require Defendants to recognize Plaintiff s legal right to administer the public schools within the city of Gardendale school district; (2) order that those schools and all their associated real and personal property and assets be turned over to Plaintiff s control by July 1, 2015; (3) grant Plaintiff immediate access to the facilities and personnel so that Plaintiff may begin planning for the school year; and (4) enjoin Defendants from further interference or obstruction to Plaintiff exercising its statutory rights and fulfilling its legal duties to the students attending Gardendale public schools. COUNT THREE Declaratory Judgment 53. Plaintiff adopts and incorporates here all foregoing allegations. 54. In the alternative to the foregoing forms of relief, Plaintiff requests that this Court declare that Superintendent Bice s Final Order of February 26, 2015 was indeed a final order within the meaning of Ala. Code and Ala. Admin. Code The County School Board has refused to acknowledge the Final Order as the binding decision of Superintendent Bice as to the disposition of Gardendale s schools and the School Board s authority over them. 56. The County School Board Defendants err because the Final Order was issued as the culmination of the process mandated in Ala. Admin. Code

12 57. The Final Order is, furthermore, demonstrably intended to be understood and applied as a binding, final decision, as it is titled Final Decision on the Joint Petition for Adjudication of Disputed Separation Issues submitted by Plaintiff and the County School Board. 58. It is therefore manifest, by the plain language of the Final Order and the procedures of Alabama law under which it was issued, that the Final Order is the binding decision of Superintendent Bice and that it is incumbent on the County School Board Defendants to cede control of Gardendale schools to Plaintiff and to negotiate the details of the separation of the Gardendale schools from the County system in good faith, as the Final Order requires. 59. Plaintiff requests that this Court enter a judgment declaring the Final Order as final within the meaning of Alabama law and therefore binding on the County School Board Defendants, including specifically the Final Order s resolution that no fee will be required from Plaintiff and that Plaintiff s Open Door Attendance Policy has been adopted by Superintendent Bice and is binding on Defendants. PRAYER FOR RELIEF Plaintiff prays this Court to issue a writ of mandamus directing the County School Board and its members to relinquish control of the public schools within Plaintiff s school district to Plaintiff immediately. Alternatively, Plaintiff requests that this Court enter a permanent injunction that grants the relief requested above. Alternatively, Plaintiff asks this Court to enter a judgment declaring that the Final Order is binding on the County School Board Defendants

13 Respectfully submitted on this 17th day of March OF COUNSEL: ADAMS and REESE LLP 1901 Sixth Avenue North, Suite 3000 Birmingham, AL Telephone: Fax: mark.gaines.arlaw.com /s/ Giles G. Perkins Giles G. Perkins Mark L. Gaines Aaron G. McLeod Russell J. Rutherford Counsel for The City of Gardendale Board of Education

14 CERTIFICATE OF SERVICE I hereby certify that I caused to be served by certified mail, return receipt requested, a complete copy of this Complaint and a summons on the following Defendants: The Jefferson County Board of Education th Street South Birmingham, AL Dean Taylor, Jr th Street South Birmingham, AL Jennifer H. Parsons th Street South Birmingham, AL Jacqueline A. Smith th Street South Birmingham, AL Oscar S. Mann th Street South Birmingham, AL Martha V.J. Bouyer th Street South Birmingham, AL Superintendent Warren Craig Pouncey th Street South Birmingham, AL The State of Alabama Department of Education 5114 Gordon Persons Building 50 North Ripley Street Montgomery, AL Superintendent Thomas R. Bice 5114 Gordon Persons Building 50 North Ripley Street Montgomery, AL /s/ Giles G. Perkins OF COUNSEL