Chapter 506-2 ORGANIZATION, METHOD OF OPERATION, AND PUBLIC INFORMATION

Rule 506-2-.01 Organization

The Commission.

Membership.

Composition. The Commission is composed of seventeen members as follows: four elementary school teachers, four secondary school teachers, one elementary school principal, one secondary school principal, two Local Superintendents, one representative of the State Department, and four professional educators who shall represent the educational profession at large.

2.

Qualifications. To be eligible for appointment as a member of the Commission, a person shall be a citizen of the United States and a resident of this State; be certified by the Professional Standards Commission for teaching in this State; except for the representative of the State Department, be employed in the public schools of this State at the time of appointment; and except for the representative of the State Department, have been employed as an educator in the public schools of this State for at least five years immediately preceding his or her appointment.

3.

Nomination. A panel of three nominees of each position on the Commission shall be submitted to the State Superintendent by the recognized state-wide professional educational organizations. From this submitted list of nominees, the State Superintendent shall recommend the appointment of an educator for membership on the Commission to the Georgia Board of Education, which shall appoint such nominee to the Commission for a term of three years. A Commissioner shall be eligible for reappointment, but no person shall serve on the Commission for more than two full terms.

4.

Oath. Immediately after appointment and before entering into their official duties, each member of the Commission shall take or subscribe to the following oath:

I, ________________, a citizen of the United States and a resident of this State, and being an employee of ______________________ and the recipient of public funds for services as such employee, do solemnly swear or affirm that I am not the holder of any unaccounted for public money due this State; that I am not the holder of any office of trust under the government of the United States except postmaster, nor any one of the states, nor of any foreign state; that I am otherwise qualified to hold the office of member of the Professional Practices Commission according to the Constitution and laws of Georgia; that I will faithfully and impartially perform all the duties of office to which I have been appointed; that I will serve to the best of my ability the public interest in improving the teaching profession in Georgia, ever keeping the welfare and general good of students before me. I will observe and support the Constitution of the United States and the State of Georgia and all laws, rules, and regulations attendant thereon; and I will, in the performance of the office, commit myself to judge my colleagues and be judged by them in accordance with the provisions of law, regulation, and the rules of the Georgia Professional Practices Commission. So help me God.

5.

Compensation. The members of the Commission receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, as provided by law, incurred in the performance of their official duties and for mileage at the same rate as State officials and employees. A member of the Commission who is an employee of the State Department or of a local board shall be permitted to attend Commission meetings and perform other Commission duties without loss of income or other benefits. A Local Board which employs a member of the Commission and employs a person to replace such member during his or her performance of Commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred.

6.	Privileged Utterances. When acting in good faith in the course of their duties at meetings or hearings of the Commission, members shall be privileged in their utterances.

7.

Removal and Vacancies. The Commission may remove any Commissioner from office of neglect of duty, incompetency, or revocation or suspension of his or her certificate issued by the Professional Standards Commission or when such Commissioner ceases to be employed full-time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the State Board shall appoint a successor in the same manner as the predecessor was appointed to serve the unexpired term.

(b)

Officers. The members of the Commission shall elect from their number a Chairperson and a Vice-Chairperson both of whom shall serve two-year terms. The Chairperson shall preside at all meetings of the Commission and shall not vote in any matters except in the event of a tie. In the absence of the Chairperson, the Vice-Chairperson shall preside and function as appropriate at any necessary meetings which the Chairperson would normally attend. The Chairperson and Vice-Chairperson shall be members of the Executive Committee.

(c)

Executive Committee. The Executive Committee shall be composed of five members; namely, the Chairperson, the Vice-Chairperson, and three Commissioners, all of whom shall serve two-year Committee terms. Executive Committee members shall be elected by the members of the Commission in the last regularly scheduled Commission meeting of each calendar year. Staggered terms on the Executive Committee shall be provided. The responsibilities of the Executive Committee include, but are not limited to, making findings of probable cause in certain case investigations and making recommendations to the Commission concerning policy, budget matters, official opinions, agenda of meetings and giving appropriate consideration to all matters and case work coming before the Commission.

(d)

Standing Committees. For the purposes of efficiently carrying out its duties, the Commission shall be divided into committees as deemed necessary, and two shall be designated as Standing Committees. The Chairperson and the membership of the committees shall be appointed by the Chairperson of the Commission. It will be the duty of the committees to make recommendations to the Commission on matters referred to the committees by the Chairperson of the Commission. The following committees shall be Standing Committees:

1.	Interpretation Committee. The Interpretation Committee shall be composed of five members.

2.	Review Committee. The Review Committee shall be composed of three members and an alternate.

(e)

Meetings.

1.

Time, Place and Date of Regular Meetings. The Commission conducts four regular meetings each calendar year or the second Friday of the months of March, July, October and December in the Offices of the Professional Practices Commission, Suite 2010, Building 20, Executive Park West, N.E., Atlanta, Georgia 30329. All regular meetings begin at the hour of 10:00 a.m. and are preceded by a meeting of the Executive Committee which meets at the same location at the hour of 8:30 a.m.

2.

Open Meetings Requirements. The Commission shall post notice of any meeting conducted by the Commission or its committees at its regular meeting place and will give due notice for any changes in regular meetings except under special circumstances which call for an emergency meeting. An agenda detailing the subjects acted upon and naming the members present at the meetings will be provided and made available to the public within two business days of adjournment of every meeting. Minutes will be promptly recorded and made available to the public once approved but no later than immediately after the next meeting.

(2)

The Executive Director and Staff of the Commission.

(a)

The Executive Director. The Commission shall employ an Executive Director who shall serve as the chief executive officer of the Commission. The Executive Director shall be an unclassified member of the State Merit System and shall be a member of the Employee's Retirement System of Georgia. All employer contributions to the retirement system and for social security for the Executive Director shall be paid from funds appropriated for the operation of the Commission. The Executive Director's initial year of employment shall be on a working test status, after which severance of work services by the employer shall occur only for just cause as determined by the Commission through the utilization of similar procedures detailed in O.C.G.A Sections 20-2-940, et seq.

(b)

The Staff. The Executive Director shall employ, subject to confirmation by the Executive Committee, such professional and clerical staffs may be necessary to administer and carry out the responsibilities and functions of the Commission. The professional and clerical staff shall have such titles and duties as may be assigned by the Executive Director and shall be members of the unclassified service of the State Merit System. The staff shall be members of the Employee's Retirement System of Georgia. All employer contributions to the Retirement System and for social security of such employees shall be paid from the funds appropriated for the operation of the Commission. All professional and clerical staff shall be on a working test during initial year of employment, after which termination of the employment relationship by the employer shall occur only for just cause as determined by the Commission through the utilization of similar procedures detailed in O.C.G.A. Sections 20-2-940, et seq.

(c)	Officers. The Executive Director of the Commission shall make provision for appropriate professional offices for himself/herself and the staff of the Commission. These offices are currently located at Suite 2010, Building 20, Executive Park West, N.E., Atlanta, Georgia 30329.

(d)	Consultants. The Executive Director may employ such consultants as he/she may deem fit for the execution of the responsibilities and functions of the Commission.

(e)	Hearing Officers. The Executive Director may employ such members of the State Bar of Georgia to serve as hearing officers as he/she may deemed fit for the execution of the responsibilities and functions of the Commission.

(3)

Relationship of the Commission to the State Board. The Commission, although appointed by the State Board on the recommendation of the State Superintendent, s an entirely separate and distinct governmental body designed to establish and uphold ethical and professional standards within the teaching profession. The Commission is assigned to the Georgia Department of Education for administrative purposes only. As such, the Commission is authorized to exercise its quasi-judicial, rule-making, or policy-making functions independently of the State Department without approval or control of the State Department; to prepare its budget and submit its budgetary request through the State Department; and to employ its own personnel. The State Department shall provide record-keeping, reporting, and related administrative and clerical functions for the Commission; and include in the departmental budget the Commission's budgetary requests as a separate part of the budget and exactly as prepared and submitted to the State Department by the Commission. The assignment of the Commission to the State Department for administrative purposes means only that the State Department shall be that department through which the Commission deals with the State. The Commission retains its separate identity as an instrumentality of the State. The State Department is authorized, only with the approval of the Commission, to perform for the Commission such functions as it requests.

(4)

Funding and Receipt of Gifts and Grants. The funds necessary to carry out the duties and responsibilities of the Commission shall come from funds appropriated to the Commission by the General Assembly of Georgia or otherwise made available to the Commission. The Commission may accept gifts or grants of funds or property or services from other source.

(5)

Rules and Regulations. The Commission is authorized to adopt such rules and regulations as it deems necessary. Its rules and regulations shall be adopted pursuant to and in conformity with the applicable provisions of the Georgia Administrative Procedure Act. The Commission shall, by regulation, adopt standards of performance and a code of ethics for educators.

Rule 506-2-.02 Method of Operation

(1)

Adoption and Maintenance of Standards of Performance and a Code of Ethics. It shall be the duty of the Commission to adopt and maintain standards of performance and code of ethics for educators. The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this State. In adopting the standards of performance and code of ethics, the Commission shall seek the advice of educators of this State. The standards of performance and code of ethics adopted by the Commission shall be limited to professional performance and professional ethics. Upon the adoption by the Commission of the standards of performance and the code of ethics, educators of this State shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics.

(2)

Investigations and Recommendations in Disciplinary Actions.

(a)

Jurisdiction. Upon request as provided in subparagraph (b) below, the Commission shall be authorized to investigate:

1.	Violations of the Law. Alleged violations by an educator of any law of this State pertaining to educators or the profession of education;

2.	Violations of Ethics. Alleged violations by an educator of the code of ethics of the Commission;

3.	Violations of Rules. Alleged violations by an educator of rules, regulations or policies of the State Board, the Professional Standards Commission, the Commission, or of a Local Board; or

4.	Failure to Meet Standards. Alleged failures by an educator to meet or comply with standards of performance or code of ethics of the Commission, the State Board, The Professional Standards Commission, or a Local Board.

(b)

Requests. The Commission shall not be authorized on its own motion to make an investigation pursuant to subparagraph (a) above, but may make such an investigation:

1.	Local Board. Upon the request of a Local Board;

2.	State Board. On the request of the State Board;

3.	Professional Standards Commission. On the request of the Professional Standards Commission.

4.	Residents. Upon the request of one or more individual residents of this State.

(c)

Notification. If the Commission agrees to make an investigation pursuant to an request made pursuant to subparagraphs 2., 3., or 4. of subparagraph (b) above, and if the proposed investigation involves one or more educators employed by a Local Board, the Commission shall, prior to beginning such investigation, notify, in writing, the Local Board employing the educator(s) of the following:

1.	Complainants. The names and addresses of the parties making the complaint that gave rise to the proposed investigation;

2.	Employees. The names of the educators employed by the Local Board who are proposed to be investigated; and 3. Explanation. An explanation of the complaint made against the educators employed by the Local Board.

(d)

Conduct of the Investigations. In making an investigation as authorized by these regulations, the Commission shall:

1.	Hearings. Be authorized to conduct probable cause and plenary hearings;

2.	Oaths. Have the power to administer oaths and affirmations; and

3.

Subpoenas. Have the power to issue subpoenas in the name of the Commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the Superior Courts. In the event any person fails or refuses to obey a subpoena issued under this subparagraph, such failure or refusal shall constitute contempt of the Commission. Upon application by the Commission to the Superior Court of the Country wherein such person resides or is found, the Superior Court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding three hundred dollars or by imprisonment not exceeding twenty days or by both such fine and imprisonment and to enter such other orders and make such other action as may be necessary to enforce compliance with obedience to the subpoena. At any such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena.

(e)

Recommendations. Upon its completion of any investigation authorized by these rules, the Commission may furnish to the Local Board, the State Board, the Professional Standards commission, or any combination of these, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the Commission may recommend that no action be taken against the educators involved if the Commission, in its investigation, found that the complaints against the educators were not justified. If the Commission, in its investigation, found justification for the complaints against the educators involved, it may recommend any combination of the following actions:

1.	Warning and Reprimand. That the educators be warned or reprimanded;

2.	Termination, Suspension or Non-Renewal of Contracts. That the contracts of the educators be terminated, suspended, or not renewed; or

3.	Suspension, Revocation or Denial of Certificate. That the certificate of the educator be suspended, revoked or the application for a certificate be denied.

(3)

Hearings on Behalf of Local Boards. In any case in which a Local Board seeks to terminate or suspend the contract of employment of a teacher, principal, or other employee having a contract for a definite term, the Local Board may request that the Commission serve as a tribunal to hear the case. In such an instance, the Commission shall appoint a tribunal which shall hear the matter and shall file its findings, conclusions, and recommendations with the Local Board within five days of the conclusion of the hearing, unless waived by the consent of both parties, and the Local Board shall render its decision thereon.

(4)

Consultative Services. In addition to making recommendations to Local Boards, the State Board, or to the Professional Standards Commission, the Commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and may make recommendations to the Local Boards, or to the State Board, or the Professional Standards Commission, which will promote an improvement in the teaching profession. The Commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and at such meetings, the Commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers of the Commission to conduct probable cause and plenary hearings, to administer oaths and affirmations, and to issue subpoenas shall not be exercised pursuant to the authority of this subparagraph.

Rule 506-2-.03 Public Information

(1)

Obtaining Information from the Commission.

(a)

Obtaining Information Documents from the Commission Files. The Commission complies with all requirements of the Georgia Open Records Act and takes its dual obligations pursuant to that Act seriously: the Commission seeks to provide documents to the public that are within the public domain and seeks to maintain confidential that to which the public has no legitimate claim and the disclosure of which might constitute an unwarranted invasion of personal privacy. To obtain a determination whether certain documents are within the files of the Commission and whether they are subject to disclosure, the public may direct a written request to the Executive Director, specifying the name and address of the person requesting the documents and a description of the documents requested. The request may be delivered personally or by mail; however, the Commission will respond within three days of receipt of such a request by first class mail. The response will inform the person requesting the documents whether the requested documents exists; whether the requested documents can be disclosed; and a timetable for providing the disclosure. Those requesting documentary information from the Commission will be charged $.25 per page for copying costs and a reasonable charge for the search, retrieval and other direct administrative costs for complying with a request. The hourly charge shall not exceed the salary of the lowest paid full-time employee who has the necessary skill and training to perform the request; provided, however, no charge shall be made for the first quarter hour of this work. The Commission shall utilize the most economical means available for providing copies of public records.

(b)

Obtaining other Information from the Commission. Telephonic or oral requests for such information as the Executive Director and his staff may have are welcomed. The public may directly call the offices of the Commission for such information. Neither the Executive Director, his staff, nor the Commission will provide any information on pending investigations.

(c)	Rules Available. All rules and all other written statements of policy or interpretations formulated, adopted or used by the Commission in the discharge of its functions are available for public inspection at the offices of the Commission during business hours.

(d)	Orders Available. All final orders, decisions and opinions of the Commission, except those which are confidential or privileged, are available for public inspection at the offices of the Commission during normal business hours.

(2)	Making Submissions to the Commission. Information concerning investigations may be submitted to the Commission either orally or in writing. If the submission is made orally, it should be made to the investigator assigned to the matter and made in writing to the Executive Director.

(3)

Making Requests of the Commission. Anyone requesting the Commission to make an investigation, serve as tribunal, provide consultative services, or render opinions concerning the standards or code of ethics, shall do so in writing to the Executive Director. In exigent circumstances, the request may be made orally or telephonically and followed by a written request. In no instance will the Commission take action without a written request.

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