The attorney representing Clarkston schools Trustee Tony Miller has filed a lawsuit in Oakland County Circuit Court challenging the claim that Miller cannot also be a Clarkston High School football coach.
Attorney Arthur Weiss said Monday he filed the suit Thursday, Aug. 14, and an evidentiary hearing is scheduled for 1:30 p.m. Sept. 3 before Circuit Judge John J. McDonald.
At the Aug. 11 school board meeting, school district attorney George Butler presented extensive arguments, including legal opinions from the Michigan Association of School Boards and the Michigan Attorney General, that Miller’s dual role is a violation of the state’s Incompatible Public Offices Act.
Weiss said he “attempted” to meet with Butler, Superintendent Al Roberts and board President Karen Foyteck, but, “We could not get a word in edgewise.”
The legal basis for the challenge, Weiss said, is a Michigan Supreme Court reversal of the “Murphy” case, which was used to support the “Scott” case upon which Butler and other school officials have based their opinion.
Weiss said both cases involved a person holding two “public offices” with only “appearance” of conflict. He said the Supreme Court ruling showed there must be a true conflict, not merely a potential conflict. In addition, he said the Attorney General’s opinion cited by Butler was made before the Supreme Court decision.
“Right now there is no conflict,” with Miller’s dual roles, Weiss said
Miller has agreed to coach as an unpaid volunteer and will avoid votes at school board meetings if necessary.
“If something comes up regarding the football program, [Miller] is going to abstain,” Weiss said.
Weiss further criticized the suggestion that Miller could be involved in other football-related activities such as scouting. He fails to see the difference in the status of perceived conflict.
“It’s like being a little bit pregnant,” he said.
Weiss said he is a resident of the Clarkston school district with a daughter attending school in the district.
“I have a personal interest in this as well,” he said.
Miller, a lifelong district resident and a Clarkston High School graduate, was the top vote-getter in the June 9 school election. He said he checked with district representatives before his election campaign and was told there would be no conflict of interest if he did not hold a paid position.
Butler, however, said there is an inherent conflict of interest because the school board approves all hiring and firing of district employees (including coaches) and approves spending for all school budgets (including athletics).
Superintendent Al Roberts said Tuesday that he had not been informed about the filing of the lawsuit, and Miller said nothing about it at the school board’s goal-setting workshop Thursday, Aug. 14.
“If it’s true,” Roberts said the timing of the action is disturbing.
“It diverts our attention from our primary purpose, and that’s preparing for the beginning of school.”