Pizzato v. Alabama Educational Television Commission

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The Alabama Educational Television Commission petitioned the Supreme Court for a writ of mandamus to direct the Jefferson Circuit Court to dismiss claims brought against them by Allan Pizzato and Pauline Howland and to strike Pizzato and Howland's second amended complaint. From 2000 until June 2012, Pizzato served as the executive director of Alabama Public Television ("APT") and Howland served as the deputy director and chief financial officer of APT. Sometime before June 2012, tension arose between Pizzato and the Commissioners. At its regular quarterly meeting in June 2012, the Commission voted to go into executive session to discuss Pizzato's "general reputation, character, and job performance." After the Commission returned to its regular meeting from the executive session, the Commissioners moved to terminate Pizzato's and Howland's employment, stating that "the Commission had decided to move APT in a new direction." Thereafter, Pizzato requested certain materials from the Commission pursuant to the Open Records Act. A month later, Pizzato sued the Commission and the Commissioners in their individual and official capacities, alleging violations of the Open Meetings Act, seeking compensatory and punitive damages. The Commissioners moved the circuit court to dismiss Pizzato's claims against them, arguing that Pizzato did not have standing to bring an Open Meetings Act claim, that the Open Meetings Act did not provide for the recovery of compensatory or punitive damages, and that the complaint failed to state a claim under the Open Meetings Act. Further, the Commissioners argued that Pizzato's claim was moot because the requested documents had been produced and that the circuit court did not have subject-matter jurisdiction over the request for a declaratory judgment because the allegations supporting that count failed to state a claim upon which relief could be granted. After a hearing, the circuit court denied the Commission and the Commissioners' motions, including the motion for a permissive appeal under Rule 5, Ala. R. App. P. The Commission and the Commissioners then petitioned the Supreme Court for mandamus relief. After review of the circuit court record, the Supreme Court concluded the court erred in its decisions denying the Commissioners' motions. Because Pizzato and Howland had not established standing to bring their action against the Commission and the Commissioners under the Open Meetings Act, the claims asserted in both the first amended and second amended complaints should have been dismissed. Therefore, the Court granted the petition for mandamus relief and issued the writ. View "Pizzato v. Alabama Educational Television Commission" on Justia Law