This is the text of the detailed bill from attorney Terry Jackson for the work he did for the Clayton County Board of Education. The bill is dated Feb. 5, 2003, and addressed to Nedra Ware. Look in tomorrow's edition of the News Daily for the detailed bill submitted by Lee Sexton.
Telephone calls from Nedra Ware regarding assistance with Dan Colwell and the Clayton County school board's intent to remove him as superintendent, discussions with secretary and attempt to reach Ms. Ware on the relephone from Orlando. 1 hour
Telephone conversations with Nedra Ware regarding Dan Colwell matter, discuss meeting with Ms. Ware and board members Linda Crummy and Connie Kitchens in my office. Initial research on board discretion and affect of board members who move from their elected districts and fail to disclose those matters to the board. 2.5 hours
Telephone calls with Nedra Ware regarding the status of obtaining Colwell's employment contracts and minutes from October 2002 board meetings and renewal contract. Research regarding tenure and Fair Dismissal rights of superintendent and whether such rights can be conveyed or created by contract when state law does not creat rights for superintendents. 4.5 hours
Telephone discussions with board members and review MLS listing documents for Scarsdale Drive and Panhandle Road addresses for Mark Armstrong. Research MLS documents for prudentialgeorgia.com and listing for Scarsdale Drive addresses. Research definitions of domicile and residents for surposes of Georgia Educational Law provisions and illegality of board members who fraudulently fail to disclose change of domicile and residence. Review statute for ultra vires acts of illegal constitutional officers. 2 hours
Discussions with Nedra Ware and fax receipts of documents regarding Oct. 9, 2002 contract extension, surprise motion at 1 Oct. 02 board meeting to renew, and review of initial contract to check compliance with OCGA 20-2-101. 2.5 hours
Discussion with Bobby Lee Cook regarding the documents and action the board wished to take, and review of contracts.
Preparation for and meeting in my office with Nedra Ware, Linda Crummy and Connie Kitchens regarding their plan to call for a vote to remove Colwell at Monday, January 13, 2003 meeting. Discussion of related legal issues and Colwell's contract and provisions therein requiring notice and hearing under the Fair Dismissal Act and whether such provisions are legal or enforceable given state law to the contrary. Discussions with board members regarding their decision to terminate Colwell immediately. Discuss my hourly rate and getting Bobby Lee Cook and Lee Sexton as co-counsel. 3.5 hours
Preparation for and attendance of board meeting, discussions with Bobby Lee Cook in St. Simons and Lee Sexton regarding the matter, and legal strategy on the case. Receipt of telephone calls after the meeting from board members. Arrange for court reporter to record minutes of the meeting. Attend board meeting and arrive home at 11:30 p.m. 16.6 hours
Read newspapers and media accounts of story. Research regarding removal of superintendent, discussions with co-counsel, telephone call from Bill Chavis, Nedra Ware, Linda Crummy and Connie Kitchens regarding media coverage, and directions not to discuss the matters in the media. Field telephone calls from various media outlets regarding the case, begin preparing temporary restraining order and injunction against Colwell for violating board directives and camping out at the board headquarters. Field numerous calls from board members regarding the matter. Discussion with Lee Sexton from to handle the media calls, and discussions regarding temporary restraining order, etc. that we may file. Research state law and constitution regarding discretion of elected school boards in personnel and fiscal budget matters. 16 hours.
Read newspaper and media accounts of story. Research regarding removal of superintendent, discussions with co-counsel, telephone calls from Bill Chavis, Nedra Ware, Linda Crummy and Connie Kitchens regarding media coverage, and directions not to discuss the matters in the media. Field telephone calls from various media outlets regarding the case. Discussions with Lee Sexton and review of law regarding school superintendents, removal, contract rights, ultra vires acts. Engage contract lawyers to begin title searches on Armstrong Properties, school board headquarters purchase documents, interview possible witnesses for hearing before the board, discussion with contract lawyers to obtain divorce and related documents from Fayette County from 1996 divorce filings for the Colwells, interviewing possible witnesses with knowledge of possible improprieties of superintendent while in office. Field numerous calls from board members regarding the matter. Discussion with Lee Sexton for him the handle the media calls and discussions regarding Colwell's lawyers and any pleadings that are filed or will be filed based on representations by media. Research state law and constitution regarding discretion of elected school boards in personnel and fiscal budget matters. Research and sheparsize cases found, and build file for meetings. Assist board chairman with preparing agenda for Friday meeting. 17 hours.
Read newspapers and media accounts of story. Research regarding the hearing, interview witnesses who will testify at any hearing, discussions with contract lawyers regarding documents re Ed Scott , discussions with Ericka Davis and Barbara Wells regarding Shockley matter at North Clayton, investigation into the dismissal, the board meetings on Monday and discussion of evidence marshaled against Colwell, Armstrong, and others. Meeting in my office with Ms. Ware, Ms. Crummy and Ms. Kitchens regarding board meeting on 17 Jan. 03 and granting Colwell a hearing so the board can demonstrate to public the for cause reasons of his dismissal. Research regarding board members who fail to disclose change in domicile. Preparation of domicile affidavits for board members for execution at board meeting. Review court documents and property records for presentation to board on Friday evening. Prepare draft of Fair Dismissal Act notice to Colwell and set hearing for the charges arising out of Armstrong and related improprieties of the board. 16 hours
Review documents provided to Lee Exton filed by Colwell seeking temporary retraining order, injunction, 1983 chaims and contractual damages. Review subpoenas regarding board members Dr. Chavis and documents. Research re motion to quash subpoenas. Telephone conversations with board members including Nedra Ware, Connie Kirchens, Linda Crummy and Ericka Davis. Begin research on motion to dismiss and motion for summary judgment, request for emergency review to Supreme Court if motion denied, research on discretion of board on fiscal and personnel issues under the constitution. Review 1996 changes to OCGA 20-2-101 prior attorney general opinions and related research. Prepare for and attend board meeting that lasted to late Friday night, presentation to board in executive session. Discussions with Lee Sexton regarding conference with Borwn and Judge Benefield on the matter. Attend board meeting and arrive home at midnight. 17 hours
Research of case law, constitution and statutes relating to impropriety of temporary restraining order and injunction where administratibe remedies not exhausted and where damage claims exist by contract, review of board discretion law, telephone conversations with Lee Sexton and Bobby Lee Cook. Field phone calls from board members. 16 hours.
Meet board members in my office, research on legal issues, begin preparation of documents to respond to Colwell's pleadings. Research on issues for failure to exhaust legal remedies, quo warranto proceedings against board members who misrepresent their domicile, writ of mandamus for failures to exhause remedies, damages claims premature due to premature filing of legal claims. Discussion with board members employees they want Dr. Chavis to resassign and legal problems with doing so if they are demoted as defined by state law and Fair Dismissal problems. Discussions with Lee Sexton regarding the matter. 12 hours
Telephone conversations with George Brown and his client via speaker phone regarding possible settlement, postponement of temporary restraining order hearing releasing board members from subpoenas on Tuesday with Judge Benefield and special meeting on Wednesday night to try to settle the case with board present to approve. Review written offer from Brown for communication to board, discussion with Nedra Ware and other board members. Discussions with Lee Sexton and Bobby Lee Cook regarding possible settlement. Begin draft of proposed settlement agreement that might be acceptable to the board. Continue preparation of motions to file on Friday in the even case does not settle on Wednesday. 16 hours.
Discussions with Nedra Ware regarding specially called meeting to settle, discussions with board members regarding possible case settlement and the cost of moving forward with a full hearing with witnesses, documents and trial preparation involved. Preparing documents to quash subpoenas, interviewing witnesses in the case, reviewing documents and dictating presentation notes, review documents to prepare examination outlines. Discussions with Brown and Berman regarding rescheduling of hearing, discussions with Lee Sexton regarding discussions with other lawyers and the court. Have Lee begin to review legal documents and discussions with the media. 12 hours
Continue discussions with board regarding the hearing, meeting at the board that lasted until 1 a.m. Research regarding the matters that will need to be filed, discussions with the board in executive session regarding evidence and costs of moving forward if an agreement cannot be reached. Telephone conversations from board members regarding the settlement and discussions before after the meeting. 18 hours
Discussion with Lee Sexton regarding the case, prepare draft of settlement documents from agreement notes read into the minutes and agreed to by the parties. Send by email and facsimile drafts of documents to Beerman. Review documents by telephone with Lee Sexton. Discussions with Lee Sexton regarding the settlement language and finalizing the settlement at the next board meeting. Telephone calls from AJC editorial staff regarding my willingness to provide a rebuttal in the newspaper. 7 hours.
Exchange drafts of settlement document with Beerman and email regarding the case. Discussion with board member and Lee Sexton regarding the case. Discussions with Bobby Lee Cook regarding the case and his willingness to waive his fee. 6 hours
Discussions with board members regarding the execution of settlement documents, submittal of bill to Ms. Ware and the superintendent for payment, meeting by ericka Davis, Nedra Ware, Linda Crummy and Connie Kitchens with black minister delegation on Monday night and their request that I attend. Begin to summarize time to bill for services and out-of-pocket costs. Telephone calls from various board members and Dr. Chavis. Telephone call from Sandy Languell regarding her notice from Nedra Ware that she was being reassigned. Meeting with board members in my office. 4 hours
Prepare and finalize bill for services, discussion with Lee Sexton and request that he reduce his hours billed which he agrees to do. Attend meeting with Ericka Davis, Nedra Ware, Linda Crummy, Connie Kitchens, Dr. Chavis, Eldrin Bell and black ministers in attendance until 10 a.m. (p.m.) Meeting beforehand to hand deliver bill to board members, Dr. Chavis and discuss purpose of meeting. Gave draft of proposed editorial response to the AJC to board members. 9 hours.
Discussion with Beerman regarding finalizing settlement documents for execution with the board, field phone calls from board members and obtain certified copies of board meeting minutes from court reporter. Receipt of bill for court reporter services for supplemental bill to the board. Discussions with Lee Sexton regarding media coverage and who leaked the bill to the media. 2 hours
Telephone calls from board members regarding Colwell matter and their desire to remove various employees. Discussion with Dr. Chavis and caution to board members not to move employees without failing to address Fair Dismissal Act and for good and valid reasons. 3 hours.
Discussion with Beerma regarding finalization documents and review of language for retirement system. Discussions with Lee Sexton regarding finalizing documents, execution of dismissal and board meeting to execute settlement documents. Telephone calls from board members regarding meeting and availability of auditors. 3 hours.
Discussions with Lee Sexton regarding obtaining executed documents from George Brown for board hearing on Monday, four copies for execution. Phone calls from board members. 2 hours.
Meeting with board members to discuss bill for legal services and request that we further reduce the bill. 2.5 hours
Discussion with Bruce Beerman, Lee Sexton and George Brown's office regarding delivery of executed settlement agreement for signatures by the board. Discussions with Lee Sexton regarding his willingness to further reduce his bill. Prepare detailed bill at board's request. Attend board meeting and arrive home at 10 p.m. 8 hours.
The document closes with a summary of hours. Total hours: 220.5; total hours billed, 147; write off hours, 73.5.