Douglas, 082819 ALAGO, AGO 2019-48

• Case Date: August 28, 2019
• Court: Alabama

Honorable Michael Douglas AGO 2019-48 No. 2019-048 Alabama Attorney General Opinion State of Alabama Office of the Attorney General August 28, 2019          Honorable Michael Douglas          Superintendent          Decatur City Board of Education          302 4th Avenue NE          Decatur, Alabama 35601          Education, Boards of - Public Works Law - Exemptions - Alabama State Law Enforcement Agency - Security Systems          The purchase, installation, or upgrading of school security systems by the Decatur City Board of Education is subject to the Public Works Law.          If the Alabama State Law Enforcement Agency makes a finding that the project would impact the security or safety of persons or facilities and requires confidentiality, a contract may be let without public advertising.          Dear Dr. Douglas:          This opinion of the Attorney General is issued in response to your request on behalf of the Decatur City Board of Education.          QUESTION          Whether the purchase and installation by the Decatur City Board of Education of fire alarms and other security products (e.g., security doors and key card access) pursuant to a school safety plan are subject to the Competitive Bid or Public Works Laws?          FACTS AND ANALYSIS          Section 16-1-44 of the Code of Alabama requires "each local board of education [to] adopt a comprehensive school safety plan for each school under authority of the board." Ala. Code § 16-1-44(a)(1) (Supp. 2018). Your request states that the Decatur City Board of Education ("Board") has developed a safety plan for each school in its system. The Board, however, must update the plan as best practices and technology evolve and when building or renovating a school. Ala. Code § 16-l-44(c)(1) (Supp. 2018).          You go on to state that "the Board would like to use the same safety services providers and products for each school whenever possible in order to create cohesive safety practices and procedures throughout the school system." The...