ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 1 EXECUTIVE LEADERS SEMINAR SERIES Charter School Legal Issues: What You Need to Know SPEAKER BIOS co-sponsored by the University of Delaware’s Institute for Public Administration and Delaware Academy for School Leadership ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 2 Speaker Bios Robert Bambino, CPCU, ARM Senior Vice President, Risk Management Wright Risk Management Bob is in charge of Wright Risk Management’s risk-management and loss-prevention department. He has over 30 years experience in risk management, training, coverage analysis and claims management. Bob manages a staff of 15 highly experienced loss- and risk-control professionals. In his capacity, he has spearheaded many innovative programs to help his clients control risk for many types of exposures, including comprehensive programs addressing employment practices liability, premises liability, fleet operations, security claims, and recreational liability. Bob and his staff have written handbooks addressing employment-related practices, student travel, and risk transfer. Bob is an instructor at Hofstra University (Hempstead, N.Y.), where he teaches insurance and risk-management courses in the Center for Continuing Education and Professional Advancement (CCEPA). He is also the coordinator of the CPCU program at CCEPA. Bob received his B.S. degree from Hofstra and his Chartered Property Casualty Underwriter and Associate in Risk Management designations from the American Institute for CPCU – Insurance Institute of America. He was recently recognized as an Outstanding Course Leader by the Institutes. Bob has made dozens of presentations for various organizations around the country, including the Public Entity Risk Management Association (PERMA), National Business Officers Association (NABO), Nonprofit Risk Management Center, and the International Association of School Business Officials (ASBO). He has written over 20 articles for various journals, most recently for the Loss Control Interest Group of the CPCU Society. William W. Bowser, ESQ. Partner Young Conaway Stargatt & Taylor, LLP Bill represents both private and public employers in labor negotiations, union campaigns, binding-interest arbitration, and employment discrimination and wrongful-termination lawsuits. Bill regularly represents employers in administrative proceedings before the NLRB, the Delaware PERB, the EEOC, the Delaware Department of Labor, and other government agencies. Bill also regularly counsels employers on issues relating to employment agreements, restrictive covenants, tradesecret agreements, employee discipline and termination, and the FMLA and ADA. He assists employers on avoiding litigation by developing effective employee handbooks, policies, and procedures, and he provides training to in-house counsel, human-resource professionals, supervisors, and employees. Bill was selected by Best Lawyers in America© as the 2012 Delaware Management Labor Lawyer of the Year. He is also listed as a top employment lawyer in the 2011 edition of Chambers USA: America’s Leading Lawyers for Business. As an editor of the Delaware Employment Law Letter, Bill has written dozens of articles on labor and employment law. Bill is a frequent speaker on labor and employment law in Delaware and across the country, including the annual meeting of the Delaware SHRM and the National Public Employment Relations Association (NPELRA). 1 ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 3 Speaker Bios Bill received his J.D. degree cum laude from Villanova University. He is a member and past chair of the Delaware State Bar Association’s Section of Labor & Employment Law and is treasurer of the Candlelighters Childhood Cancer Foundation of Delaware. Since 2000, Bill has served as the Governor-appointed Chair of the Delaware Cancer Consortium. Allyson Britton DiRocco, ESQ. Associate Morris James, LLP Allyson B. DiRocco focuses her practice on employment law, education law, and professionalliability litigation in state and federal courts. In her employment counseling and litigation practice, she defends the interests of employers in allegations of discrimination, wrongful discharge, and constitutional claims in the case of public employers. In her education law practice, Allyson provides counsel to private and public schools regarding matters such as benefits, employment and student/parent matters. In Allyson’s professional liability litigation practice, she represents the interests of Delaware healthcare providers and professionals in general matters. Allyson joined Morris James LLP in 2007. She graduated cum laude from Widener University School of Law. She clerked for The Honorable Myron T. Steele of the Delaware Supreme Court in 2006-2007. Allyson received her B.S. in psychology from Washington College in 2002. In 2009 Allyson was named in the Delaware Volunteer Legal Services Pro Bono Honor Roll for her volunteer work for The Office of the Child Advocate, Delaware, as guardian ad litem on behalf of abused and neglected children. She is also an executive committee member for Girls, Inc. of Delaware and is the Chair of the Professional Networking Group of Girls, Inc. of Delaware. Allyson is the Chair of the Labor and Employment Law Section of the Delaware Bar Association. Jennifer L. Kline, ESQ. Procedural Safeguards and Monitoring Delaware Department of Education Jennifer Kline is an Education Associate with the Delaware Department of Education (DDOE). She currently manages the State’s special-education due-process hearing system, and other state-level procedural safeguards available to parents of children with disabilities under the Individuals with Disabilities Education Act (IDEA). Ms. Kline serves as the lead staff at DDOE responsible for monitoring school districts, charter schools, and other local educational agencies to ensure compliance with state and federal special-education regulations. From 2000 to 2006, Ms. Kline was in private practice with the law firm of Morris, James LLP in the areas of general and special-education and employment law. From 2006 to 2009, Jennifer was a Deputy Attorney General for the State of Delaware and served as counsel to the Department of Education, the State Board of Education, and the Exceptional Children Resources Group. Ms. Kline graduated cum laude from the Widener University School of Law in 2000. She resides in Sussex County with her husband and two children. 2 ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 4 Speaker Bios Adria Martinelli, ESQ. Council Young Conaway Stargatt & Taylor, LLP Adria has practiced employment law at Young Conaway since 2001. She counsels and represents employers and management on a wide range of labor and employment matters. She specializes in the defense of employment discrimination lawsuits, including Title VII, ADEA, ADA, FMLA, and retaliation. Her litigation experience includes state and federal lawsuits, labor arbitrations, and administrative proceedings involving discrimination and harassment, retaliation, and common law claims. She served as first chair in a federal trial including discrimination and retaliation claims, in which all claims were dismissed against her public-sector client. Adria also counsels and trains public-sector clients on compliance with Delaware’s procurement laws and Freedom of Information Act. James H. McMackin, III, ESQ. Associate Morris James, LLP In his employment, education and governmental relations law practice, Jim primarily appears before members of the Delaware court, arbitrators, and administrative bodies. He frequently counsels and represents clients on matters involving enforcement of non-compete agreements, defending clients in suits alleging discrimination and retaliation, and enforcing and defending contractual obligations. In addition to counseling clients in litigation, Jim frequently serves as primary counsel in matters concerning negotiating and drafting contracts; representing clients before various administrative bodies, including the Unemployment Insurance Appeals Board, the State Board of Education, and the Delaware Division of Industrial Affairs; and complying with Delaware education laws. Beyond the courthouse, Jim is a frequent guest on seminar panels and presenter on topics concerning employment and education law. As former chair of the Labor and Employment Section of the Delaware State Bar Association, Jim is asked to comment upon pending and proposed legislation. He is also an Associate Member of the Board of Bar Examiners, and is recognized in Chambers USA, America’s Leading Lawyers for Business. Jim received his J.D. degree cum laude from Widener University School of Law in 2002. He is a member of Delaware State Bar Association, Labor and Employment Section and served as chair from 2009-2010, vice chair from 2008-2009, and secretary from 2007-2008; the American Bar Association’s Labor and Employment Law Section; Claymont Community Center Board of Directors; and the Archmere Academy Alumni Council. 3 ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 5 Speaker Bios Mary Ann Mieczkowski Exceptional Children Resources Delaware Department of Education Mary Ann Mieczkowski is the Director of Exceptional Children Resources with the Delaware Department of Education. Mary Ann was the Supervisor of Special Education Services for the Appoquinimink School District for ten years and thoroughly loved working with the students, parents, and other educators. Mary Ann has a Bachelors degree from the University of Delaware in Elementary Education and Special Education and a Masters degree from Johns Hopkins University in Special Education, specifically the education of students with severe and profound disabilities. Teaching and advocating for students who have difficulty advocating for themselves has been the main focus of Mary Ann’s professional career. Prior to this position, she worked for many years at the Delaware Department of Education, providing leadership and training in Positive Behavior Support, the Delaware Inclusion Project, and the Delaware Alternate Portfolio Assessment. Mary Ann also coordinated the Interagency Collaborative Team, which provides support and funding for students with mental-health issues and interagency supports. Mary Ann’s teaching career has provided her with the experience and leadership to develop these statewide projects to assist teachers and students in moving forward. Michael P. Stafford, ESQ. Associate Young Conaway Stargatt & Taylor, LLP Mike specializes in education law issues, including special education, student rights and discipline, school policies and procedures, and staff-termination issues, for both private and public schools. In particular, he has represented school districts in special-education disputes in both administrative due-process hearings and federal and state courts. Similarly, Mike has handled numerous student rights’ issues, including complex disputes over students’ free speech rights and discipline issues, such as search and seizure and expulsion hearings and appeals. He also works with school administrators to develop or revise policies and procedures and provides school staff development and training on a wide variety of topics. Mike is a regular speaker at Dr. Perry Zirkel’s annual special education conference at Lehigh University. On numerous occasions, he has also represented employers in a range of matters such as wrongful discharge and employment discrimination lawsuits, including Title VII, ADEA, ADA, EPA, and state employment statutes. He has also advised foreign and domestic corporations, organizations, and financial institutions on a variety of business immigration matters including obtaining and renewing temporary work visas such as H-1b’s and employment-based permanent residency. In 2011 Mike was honored with the Theodore Roosevelt Leadership Award (for environmental protection). Mike received his J.D. degree from Duke University and is a member of the Delaware State Bar Association’s Labor and Employment Section, the American Bar Association’s Labor and Employment Section, the American Immigration Lawyers Association, and the Education Law Association. 4 ExecLeadersSeries_program2-handouts_Layout 1 2/5/13 9:07 AM Page 6 Speaker Bios David H. Williams, ESQ. Partner Morris James, LLP Managing Partner of Morris James LLP since 2004, David H. Williams focuses his practice in the areas of employment law and education law. In employment law, his practice involves representation of employers in all varieties of litigation and administrative proceedings, including employment discrimination, discharge, constitutional claims, wage and hour issues, unfair-labor-practice claims, and restrictive covenants; arbitration involving employment-related disputes, and the interpretation and application of collective-bargaining agreements; counseling aimed at avoiding employment claims; and collective bargaining. In education law, his practice involves counseling educational institutions on all legal issues, and representing such clients in litigation and administrative proceedings relating to discharge of employees; expulsion of students, Students’ rights; Freedom of Information Act compliance; collective bargaining; and constitutional issues, including due process and freedom of speech and the establishment clause. Sources “highlight his strong negotiation style and singularly strong knowledge of employment law in relation to the education sector” (Chambers 2011). Described as doing “a phenomenal job,” his experience, particularly in the educational sector, is one of his primary assets, and clients like the fact that he is “level headed and reasonable (Chambers 2007). He is listed among the Delaware Super Lawyers® for 2007-2010. David received his J.D. degree in 1975 from Dickinson School of Law and is a member of the Delaware State Bar Association’s Labor and Employment Law Sections, the American Bar Association’s Labor and Employment Law Sections, the National Association of School Attorneys, is president of the Delaware Council of School Board Attorneys, and is the Delaware Office of Child Advocate’s guardian ad litem on behalf of abused and neglected children. Barry M. Willoughby, ESQ. Partner Young Conaway Stargatt & Taylor, LLP Barry is Chair of the Employment Law Section of YCS&T. He also serves as a member of the firm’s Management Committee. His practice focuses on the representation of employers in claims of employment discrimination, retaliation, “whistleblower,” and other “wrongful discharge” cases under federal and state law, including defense of charges of racial and sexual harassment. Barry also defends public employers in First Amendment, due-process, equal-protection, and other constitutional law allegations. He represents employers in union-related conflicts, including representation in organizing campaigns, unfair-labor-practice proceedings, and grievance/arbitration hearings. Barry received his J.D. degree cum laude from Dickinson School of Law and is a member of the Delaware State Bar Association’s Employment Law Section (former chair), Labor Law Committee (former chair), the American Bar Association. He is also a Fellow of the College of Labor & Employment Lawyers and an Associate of the Society for Human Resources Managers (SHRM). 5