MONTGOMERY, Ala., June 11, 2007 -- Attorneys for the State Board of Education (SBOE) and the Alabama Education Association (AEA) are trying to work out an agreement on a date related to the preliminary hearing in Montgomery County Circuit Court concerning whether or not the selection of new two-year Chancellor Bradley Byrne was in keeping with the requirements of the Alabama Open Meetings Act.
According to the law, a hearing has to be scheduled within 10 days of the answer to the complaint related to the act. That answer, by the SBOE, was filed last Tuesday, June 5, 2007. A hearing date free on the judge's calendar for June 14th conflicted with the work session of the board.
According to SBOE attorney Roger Bates attorneys from both sides are trying to work out a date with each other and the judge that works for everyone involved.
The date will not fall within the 10-day limit of the law;however, it appears neither side will push that issue.
Judge Gene Reese earlier denied a request by the AEA for a temporary restraining order (TRO) which would have put on hold Byrne's taking over as head of the Department of Post-Secondary Education.