TUETH
KEENEY
COOPER
MOHAN &
JACKSTADT P.C.
School Law Hot Topics
MOASBO FALL CONFERENCE
Camden on the Lake, Lake Ozark, MO
October 20, 2014
Presented by: Celynda L. Brasher
Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C.
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Anticipatory Set
(with apologies to Madeline Hunter)*
– Take time now (to learn what is right)
– Or serve time later (in the long prison night)
– A reflection that is studied (i.e., informed
and cool)
– Will keep you where you are (not in prison,
but at school!)
*Those of you familiar with Madeline Hunter may be wondering what happened
to the “Stated Objectives.” I would think that learning how to stay out of jail
(and/or the auditor’s doghouse) is a pretty strong objective!
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Revisions to the Missouri Criminal Code
– Why this is important to school business
officials

Must report additional offenses to law
enforcement
– Child molestation in the second and third degree
– Manufacture of a controlled substance

Must receive additional reports from law
enforcement
– Child molestation in the first, second, and third degree
– Manufacture of a controlled substance
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Revisions to the Missouri Criminal Code
– Did not change the eleven “deadlies” for which
“mandatory” exclusions are prescribed
– Did change the names of some of the offenses
under the eleven “deadlies”
– Added offenses for which a teaching certificate
may be denied, suspended, or revoked
– Added a fourth degree of assault
– Made additional changes to criminal offenses
and consequences
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Why do you care about the Criminal
Code if you are not involved in student
discipline (and you may be any way!)?
– If those involved in discipline get it wrong
Cost in time
 Cost in money
 Cost in ways
 That are really not funny!

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Elections – Tax Levies, Bond Issues,
Amendment 3, Etc., Etc., Etc.
– Section 115.646 prohibits expenditure of
public funds to oppose or support a
candidate for public office or a ballot
measure
– This is not a suggestion, it is a rule, a law, a
mandate, and it comes with potential civil
and criminal consequences if violated
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Elections – Tax Levies, Bond Issues,
Amendment 3, Etc., Etc., Etc. (cont.)
– Committees formed by patrons may spend
private money to oppose or support candidates
and ballot measures
– But they must comply with rules established by
election authorities and the Missouri Ethics
Commission
– Technical support is available through the
Commission
– But mom, everybody else is doing it!
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Unemployment Claims – New law
redefines “misconduct” and “good cause”
– “Misconduct”
Previously – wanton or willful disregard of the
employer's interest and a disregard of standards
of behavior the employer has the right to expect
 New – knowing disregard of the employer’s
interest and a knowing violation of the standards
the employer expects

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

New law redefines “misconduct” and
“good cause”
– “Misconduct”
Previously – intentional and substantial
disregard of the employer's interest or of the
employee's duties and obligations to the
employer also qualifies as misconduct
 New – knowing disregard of employer’s
interests and employee’s duties and
obligations to the employer

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

New law redefines “misconduct” and
“good cause”
– “Misconduct”
Previously – a deliberate violation of the
employer's rules constitutes misconduct
 New – a violation of an employer's rule is
misconduct unless the employee demonstrates
that he or she did not know and could not
reasonably know the requirement, the rule is
unlawful, or it is not fairly or consistently enforced

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

New law redefines “misconduct” and
“good cause”
– “Misconduct”
New – includes violation of no-call, no-show
policies, chronic absenteeism, tardiness,
unapproved absences after a written warning,
and knowing violation of a state standard or
regulation by an employee of a licensed employer
that would cause the employer to be sanctioned
 New – misconduct standard applies when the
conduct is connected to work regardless whether
it occurs at the workplace or during work hours

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

New law redefines “misconduct” and
“good cause”
– “Good Cause”
Previously – employees are disqualified from
benefits if they voluntarily leave work without
good cause
 New – a situation that would compel a
reasonable employee to stop working or that
would require separation from work due to
illness or disability

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Significance of these changes
– Creates potential for more success in opposing
unemployment claims
– But – and this is a big but (as opposed to you
know . . .)
– The mindset of the deputies and referees will
take time to change
– Tips: Present all of your information at the
protest stage; provide copies of all relevant
documents; make your protest a compelling
story, not just a perfunctory “these are the
facts”
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Architects, Engineers, and Surveyors,
oh my!
– Failing to use the required professional to
build and/or design
– Requests for qualifications (no $$$)
– Accepting the initial proposal – subject to
negotiation of the final contract
– Negotiating the contract
– What contract to use
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Architects, Engineers, and Surveyors, oh
my! (cont.)
– New legislation

Prompt Payment Act applies (including landscape
architects)
– May retain up to 10% of the value of public works
contract, if certain conditions apply, pending
completion of project
– Important to know all conditions of the Act

Increases from $25,000 to $50,00o minimum
construction project for which payment bond is
required
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Conflict of Interest – Changes in the Law
– First class counties
Board members and employees, and their
spouses and dependent children, and businesses
with which they are associated, are now
permitted to do business with school districts
 Competitive bidding required if more than $500
per transaction or $5,000 per school year

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Finance Issues and Related Conflict of
Interest Questions
– SEC initiative
Questions to ponder
 Known and unknown consequences

– Giving and receiving
District practices
 District policies

TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

School Purchasing – Changes in the Law
– A district may enter into a lease-purchase
agreement for a facility while the district
owns an unoccupied building
– A district is no longer required to use a nonprofit corporation to enter into a leasepurchase agreement
– Certain refinance requirements have been
eliminated
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Hot Topics – Cool Reflection

Sex, Drugs, and Rock and Roll
–
–
–
–
–
Effect of Jackson County marriage recognition decision
Transgender student and employees
Consensual sex by students
The employee under the influence
Employees and students who party hardy, in and outside
of school
– Employees forfeit government retirement benefits if found
guilty of certain criminal offenses, e.g., stealing, receiving
stolen property, forgery, counterfeiting, bribery, or
acceding to corruption directly related to their duties
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.
Questions?
TUETH •| K
EENEY •
OOPER •| M
OHAN •|JJACKSTADT
ACKSTADT P.C.
TUETH
KEENEY
|C
COOPER
MOHAN
P.C.
Presented by
Celynda L. Brasher
Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C.
314.880.3602 (direct)
314.880.3600 (main)
314.880.3601 (fax)
cbrasher@tuethkeeney.com
www.tuethkeeney.com
TUETH • KEENEY • COOPER • MOHAN • JACKSTADT P.C.