School Board Member and Conflict of Interest

Here is an interesting article about a school board member in MN who is being represented by the ACLU when the district's legal counsel indicated that she should voluntarily resign or be removed from the board with cause. An INDEPENDENT hearing officer will review the case. VERY INTERESTING...... Unlike the situation in EC where the President of the School Board is a partner in the law firm that represents the district and there has been NO INDEPENDENT REVIEW of the situation.
Maria

ACLU will represent Mounds View school board member in conflict-of-interest case
Husband's union job in district is conflict of interest, Murphy told

BY ELIZABETH MOHR
Pioneer Press
Article Last Updated: 01/16/2008 12:05:10 AM CST

The American Civil Liberties Union of Minnesota will represent Mounds View school board member Susan Murphy in the conflict-of-interest case brought against her.

Murphy was informed immediately after being sworn in last week that her husband's union membership - he's a custodian in the district - poses a conflict of interest for her because the school board is set to negotiate the union contract.

Murphy, elected last November to the school board, now faces removal from the board.

"The ACLU took the case because her removal from the board would not only deprive her of her civil liberties but would deprive the 2,900 people who voted for her in the school board election," Chuck Samuelson, executive director of the ACLU-MN, said Tuesday.

The ACLU will offer Murphy legal counsel as the process goes forward.

The district's attorney, John Roszack, said at the Jan. 8 meeting that Murphy could voluntarily resign or could be removed from the board for cause. But before either happens, a conflict of interest must be proven.

The board approved the hiring of an independent hearing officer who will look into whether a conflict exists.

The law defines the issue as "voluntary personal interest or benefit in that contract," Roszack said prior to the school board meeting. That means the hearing officer will need to determine whether Murphy has a financial interest in her husband's salary.

"It's not about spousal relationship," Roszack said. "It's a question of financial gain."

The case is unique, according to John Sylvester, deputy executive director of the Minnesota School Boards Association.

While there is a statute allowing a school board to remove a member "as it determines," that law has "never been tested," he said.

There have been numerous cases in which a board member has a spouse who works in the same district. In most cases, a board member is allowed to recuse herself from conflict-of-interest topics, with no adverse consequences, Sylvester said.

The outcome of the hearing officer's findings could have far-reaching effects.

"If the only resolution (to the problem) is removal of school board members, we're going to have hundreds of board members (statewide) who will need to be removed," Sylvester said. "And we're not just talking school boards, we're also talking city councils."

Because this case may set a precedent, "there's a lot of interest in the legal community," Samuelson said. The selection process to choose an attorney for Murphy should conclude soon, he said.

The hearing process is scheduled to begin Jan. 22. Roszack has said he expects it to take just a few weeks.

Murphy, when contacted at home Tuesday, said she was unsure whether she was able to comment.

"I don't have anything to say right at this moment," she said.

Elizabeth Mohr can be reached at emohr@pioneer press.com or 651-228-5162.