The Clarkston Community Schools Board of Education meeting room took on airs of a courtroom Monday, as school district attorney George Butler said newly-elected Trustee Tony Miller cannot continue as a Clarkston High School football coach.
“The board was sworn to uphold the law, and the law is clear regardless of personal feelings,” Butler said. “You cannot serve in both roles in a school district at the same time.”
After the meeting, it was clear Miller’s opinion was not swayed.
“I have a totally different view,” he said. “This is politics.”
Miller, who said he asked whether his unpaid position as a “supplementary” coach position would be a problem before the June 9 election in which he was top vote-getter, has retained an attorney himself. The CHS graduate and life-long Clarkston resident said he wished his attorney could be at Monday’s meeting, but asked him not to attend to avoid unpleasant arguments.
Butler had previously informed the board of his opinion of conflict of interest, based on the state’s Incompatible Public Offices Act and a Michigan Attorney General’s opinion specifically dealing with a school board member serving as a coach.
After a July 23 meeting in which a number of citizens voiced support for Miller’s coaching position, the board asked Butler to further research the matter. He came to Monday’s meeting with a stack of evidence he said made the conflict clear.
In addition to his own research, Butler presented memos from the legal counsel of the Michigan Association of School Boards issuing virtually the same opinion on a similar incident in another school district. He also said the rules apply whether or not the coach is paid.
“The conflict between a board member and holding any other position in the district is absolute,” Butler said. “And it isn’t just coaches. It’s any other position you might want to hold within the district, because ultimately the board is in charge of the hiring and firing of everyone, who gets what to spend, who does what…Even if your own policies have delegated those to some extent to your administration, in the final analysis the buck stops with the board.”
Butler also attempted to answer questions about other alleged conflicts of interest. Trustees who are parents of school children are not considered in conflict, because, “Those children are not serving the district in the capacity of a coach or other appointed person.”
Concerning those who serve with groups such as band boosters and PTAs, Butler said, “Neither the boosters nor the PTA are governed by the board or an official part of the school district. They are not funded by the state through the school district. They are separate organizations that just happen to deal a lot with the school district.”
Residents continued to come to Miller’s defense.
“Unfortunately our laws are one opinion against another, and there are just as many attorneys who have a totally different opinion, so we’re probably still at any impasse,” Frances Horstman said. “Why can’t we do this for just this year? Let him coach for this year or have a three month trial period, or something.”
Kay Pearson said she believes others may be guilty of more conflict of interest than Miller.
“I don’t see that he has any ability to make conflicting decisions that would jeopardize either position,” she said.
Calling the situation an “unfortunate scenario,” Butler argued for consistency under law, regardless of the personalities or circumstances.
“If I’m bending the law for Mr. Miller, where does it end? These cases are never easy, but they’re always the hardest when you’re faced with an attractive, sympathetic situation,” he said. “You have an excellent coach who also has been asked by the public to be an excellent board member, and apparently many didn’t realize the consequences of one over the other.”
Butler’s conclusion, citing another state law, is that Miller should either resign or ask for a leave of absence from his coaching position.
The issue was only a “discussion item” on the agenda, and the board took no specific action.
Board President Karen Foyteck later said there is no action to be taken.
“We asked Mr. Butler to come before the board so we could completely understand the Incompatible Public Offices Act,” Foyteck said. “I believe, as far as the board is concerned, the matter is closed.”
Miller, however, said he is not sure of his next move, but if Butler’s opinion stands other trustees may have to face some scrutiny.
“There are philosophical conflicts of interest in anything we do every day,” he said. “If my position is a conflict of interest, then there are many others to deal with.”
He “absolutely” understands why some might question his bias for the athletic program, but others should be questioned for their biases.
“I would have to question several other people” who volunteer with different school groups,” he said, noting the public is the ultimate judge of fitness for office. “That’s why the community votes.”
Miller still loves working with student athletes, and hopes to continue to do so.
“I’m still going to give my heart and soul,” he said. “If I ever thought this was against the law, I wouldn’t be here.”