Pontiac school board seeks state’s opinion on hiring teacher
Sunday, January 10, 2010
By ANN ZANIEWSKI
Of The Oakland Press
Of The Oakland Press
At a meeting that lasted about 31⁄2 hours, the Pontiac Board of Education voted Saturday to seek an opinion from the state attorney general’s office about its legal options regarding a trustee who works as a teacher for the district.
Mary Barr, a Pontiac Middle School teacher, was elected in November to a partial term and publicly was sworn in Monday. Questions have been raised as to whether she can legally serve as a trustee while working as a district teacher.
Board of Education President Gill Garrett said the purpose of Saturday’s meeting was so the board could get more information before determining its next step.
Trustees received a letter in which board attorney George Pitchford said it’s his opinion, based on an attorney general’s opinion and relevant statutes, that it’s a violation of law to hold both the position of board trustee and employee of the same school district.
Much of the meeting was spent discussing a timeline of contacts among various people in the last several weeks about the topic. Officials said Joseph Rozell, the head of the county’s Elections Division, said no formal action could take place until Barr formally accepted the position and took the oath of office.
Trustees also talked about the possible ramifications of Barr holding both positions. Pitchford said allowing a potentially conflicted board member to participate in meetings could result in an Oakland Circuit judge overturning the board’s decisions, a point that concerned board members.
“Until it is resolved, the board is in peril as it relates to any of our decisions,” Trustee Karen Cain said.
Pitchford said he contacted both the elections office and the Oakland County Prosecutor’s Office, and was told that a prosecutor had been assigned to the matter and would not act until a criminal complaint was received. It was unclear Saturday whether the prosecutor’s office has launched a formal investigation.
Trustee Damon Dorkins suggested that Barr be censured until the matter is resolved. Garrett said he would not support a censure.
Dorkins said as a teacher, Barr takes direction from a principal who reports to a supervisor who reports to the superintendent. At the same time, board trustees give direction to the superintendent.
“To me, clearly that is a conflict,” he said.
Barr said she was laid off when she petitioned to run for office. She was later called back to work.
Barr said she has been honest with voters about being a teacher and wants to do what’s best for the district’s children.
Barr said she believes the law is unclear.
“I do not have a problem resigning from my job as a school board employee,” she said, “but I’m only going to resign from my job if it’s the right thing.”
Community activist Kevin Stewart has contacted State Rep. Tim Melton, D-Auburn Hills, the Oakland County Prosecutor’s Office and Pontiac police about Barr. He told the board that Barr being a trustee and a teacher is a conflict.
Frederick Barr, a local pastor and Barr’s brother, spoke in support of his sister.
“We live in a Democratic society,” he said. “The voice of the people was heard on election day.”
In the end, the board voted to authorize Garrett to ask a state official to solicit an opinion from the state attorney general’s office regarding the board’s legal options in the matter of the potential conflict of interest.
Saturday’s meeting started several minutes late because of a discussion about whether the meeting itself was even legal.
Trustee Christopher Northcross, the board’s secretary, said the meeting was posted without his knowledge. The trustees talked about the issue until Pitchford was asked his opinion, and said he believed the meeting was being held legally.
Contact staff writer Ann Zaniewski at (248) 745-4628 or ann.zaniewski@oakpress.com.
Mary Barr, a Pontiac Middle School teacher, was elected in November to a partial term and publicly was sworn in Monday. Questions have been raised as to whether she can legally serve as a trustee while working as a district teacher.
Board of Education President Gill Garrett said the purpose of Saturday’s meeting was so the board could get more information before determining its next step.
Trustees received a letter in which board attorney George Pitchford said it’s his opinion, based on an attorney general’s opinion and relevant statutes, that it’s a violation of law to hold both the position of board trustee and employee of the same school district.
Much of the meeting was spent discussing a timeline of contacts among various people in the last several weeks about the topic. Officials said Joseph Rozell, the head of the county’s Elections Division, said no formal action could take place until Barr formally accepted the position and took the oath of office.
Trustees also talked about the possible ramifications of Barr holding both positions. Pitchford said allowing a potentially conflicted board member to participate in meetings could result in an Oakland Circuit judge overturning the board’s decisions, a point that concerned board members.
“Until it is resolved, the board is in peril as it relates to any of our decisions,” Trustee Karen Cain said.
Pitchford said he contacted both the elections office and the Oakland County Prosecutor’s Office, and was told that a prosecutor had been assigned to the matter and would not act until a criminal complaint was received. It was unclear Saturday whether the prosecutor’s office has launched a formal investigation.
Trustee Damon Dorkins suggested that Barr be censured until the matter is resolved. Garrett said he would not support a censure.
Dorkins said as a teacher, Barr takes direction from a principal who reports to a supervisor who reports to the superintendent. At the same time, board trustees give direction to the superintendent.
“To me, clearly that is a conflict,” he said.
Barr said she was laid off when she petitioned to run for office. She was later called back to work.
Barr said she has been honest with voters about being a teacher and wants to do what’s best for the district’s children.
Barr said she believes the law is unclear.
“I do not have a problem resigning from my job as a school board employee,” she said, “but I’m only going to resign from my job if it’s the right thing.”
Community activist Kevin Stewart has contacted State Rep. Tim Melton, D-Auburn Hills, the Oakland County Prosecutor’s Office and Pontiac police about Barr. He told the board that Barr being a trustee and a teacher is a conflict.
Frederick Barr, a local pastor and Barr’s brother, spoke in support of his sister.
“We live in a Democratic society,” he said. “The voice of the people was heard on election day.”
In the end, the board voted to authorize Garrett to ask a state official to solicit an opinion from the state attorney general’s office regarding the board’s legal options in the matter of the potential conflict of interest.
Saturday’s meeting started several minutes late because of a discussion about whether the meeting itself was even legal.
Trustee Christopher Northcross, the board’s secretary, said the meeting was posted without his knowledge. The trustees talked about the issue until Pitchford was asked his opinion, and said he believed the meeting was being held legally.
Contact staff writer Ann Zaniewski at (248) 745-4628 or ann.zaniewski@oakpress.com.
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