School Board tables McBride paving contract

After about an hour and a half of discussion on Monday, the Van Buren Public Schools Board of Education tabled any action on an “incompatible in office” charge against Trustee Sherry Frazier that affects the paving of McBride Road.
Although the board had already voted to take $90,000 out of the general fund for its share of paving of McBride in front of the middle school, School Supt. Pete Kudlak has delayed signing the contract with Van Buren Township because it could be illegal to do so since Trustee Frazier also serves on the VBT Board of Trustees.
Supt. Kudlak said the contract is ready to be signed by the district and should have been signed a week and a half earlier to stay within the tight schedule set up by the township for the project. Since an 80% grant of $750,000 by Wayne County was at stake, the work on McBride has to be completed this construction season or the money goes back to the county.
“I didn’t want to sign until this was straightened out,” Kudlak said.
Kudlak said the district already has an attorney opinion from its law firm Collins Blaha saying serving on both boards causes an incompatibility since a contract is involved. Another attorney was invited to address the board on the subject.
Attorney Brad Banasik, who works for the Michigan Association of School Boards in Labor Relations and Policy, gave a long presentation on Public Act 566 of 1978 that addresses conflict of issue questions. He pointed out there are about 20 exceptions to the law.
Banasik told the board being legally incompatible is a big conflict. Abstaining and disclosure does not solve the problem, he said, adding removal from one of the two offices is necessary.
He said when there are competing interests between two offices it is a breach of duty of public office.
Banasik said an individual couldn’t legally challenge Frazier’s position on two boards, but someone could go to the county prosecutor or attorney general and a warrant could be issued.
He said acts taken by the board with an invalid member are not valid.
“Why did the township let her run, if it wasn’t legal?” asked Trustee Simone Pinter.
“We didn’t have a contract then,” Kudlak said.
“You cannot correct an incompatible office,” Banasik insisted.
“I abstained from both votes [in the township and at the school board],” Trustee Frazier said. “We’re not competing to pave the road … Wayne County is at the center…”
She said they are not even at the point of having public hearings on the special assessment district for other property owners on McBride. She said they are being asked to assess themselves $500 a year for five years or so.
“I would like to see the contract,” Frazier said. “Van Buren Township is just acting as a facilitator.”
Frazier asked what if the homeowners pull out of the SAD and the deal doesn’t go through.
Kudlak said the township said it has 65% of the property owners who have signed the petition.
Banasik told Frazier, “When you abstain, you’re breaching your duty of office.”
Frazier pointed out that board president Keith Johnston told her she would abstain in the vote on McBride and she did.
“I left the room when it was discussed at the township,” Frazier said. “I have reached out to the attorney general and prosecutor and I have not heard back.
“Who’s going to question my action?” Frazier asked. “I’m not making any money on it. The township’s not making any money on it.”
“You can’t be on both sides of a contract,” Banasik said.
“A lot of things could still fall through,” Kudlak said. He asked if Frazier had to resign from one or the other post before the contract is in place and Banasik said that point comes when the board is asked to vote on the contract.
Kudlak said the board voted on that already and Frazier abstained.
“We’ve had bad advice from attorneys in the past,” Frazier said. “It’s an interpretation.
“I don’t want to quit,” Frazier said. “I was brought up if I start something I finish it. Do you think the county prosecutor would enforce this?”
“Somebody who might oppose the assessment could go to the prosecutor,” Banasik said.
“If it falls through, then she steps down,” Pinter suggested. She said by the time the county acts on it everything would be over.
“I didn’t even think I’d get elected,” Frazier said of her run in the township. “I did get through the primary and in November I had the clerk call the attorney general and he said there was no conflict of interest because I was representing two different entities.”
Trustee Susan Featheringill said they could subtract one vote if it had been a 4-3 vote on the paving, but it wasn’t. The rest of the board all agreed.
“I try to do my best for the students,” said Frazier, now wiping tears away. “I never missed a meeting of this board or the other board. My husband was a teacher … I owe it to the people who elected me … I do my homework as a board member… I have people who call me … yell at me.”
Kudlak got up from his seat at the board table and brought a tissue to Frazier.
“The staff and community is a driving force for me,” Frazier continued. “I was on the board in the ‘80s and ‘90s and when my husband became ill, he suggested I get back on the board.
“I was elected to do a job. Now that I’ve got Haggerty saved, I’d like to see the Savage fiasco completed … and we’re far from the end of that…”
Former school board member Scott Russell told the board he believes it’s important for the elected officials to read the contract and he would suggest tabling action until board members read the contract.
“I’m not an attorney … potentially the contract is with Wayne County,” Russell said. “By pressuring Ms. Frazier to quit, you would be pushing out an elected official without the opportunity to get all the facts.”
“I voted for Mrs. Frazier,” said board president Johnston. “We just want to follow the law …”
Kudlak insisted the contract is with the township because of the special assessment taxes.
Parent Angela Mears suggested: “Sign the contract. Move forward and let the legal process follow, if there is one.”
“The whole thing could have been handled differently,” Frazier said. “I felt harassed, somewhat bullied, by our attorney.” She said after a recent meeting one of the township attorneys threatened to report her to the prosecutor and she would end up in jail.
“I don’t want to resign and if one part falls through, I could have still been on the board,” Frazier said.
“If I fall on my sword to get McBride paved, that’s a good thing, as far as I know,” Frazier said.
Kudlak said the next step in the paving is May 16 and that needs a signature on the contract in order to get paving done in October or November.
“I’m not going to negate any options open,” Frazier said.
“How is the township not in trouble for this?” Pinter asked. “They’re not even looking into it.”
Kudlak presented two motions for the board to consider. One was to rescind the previous motion to enter into the contract for McBride with the $90,000 cost and the other was to move forward with the contract, acknowledging potential liability to the district.
“I didn’t want to sign the contract and we get sued for twice that amount,” Kudlak said. “There are two motions: Rescind or go forward with potential liability.”
“I feel comfortable with rescinding the vote now,” Johnston said.
“The law is up to interpretation,” Frazier said. “I’ll do whatever…
“If the homeowners commit and then I resign, don’t everybody jump up and say hooray,” Frazier said. “I hope the homeowners will agree so McBride can be paved.”
“Technically, we’ve already voted on this … so Pete has authority to sign the contract,” Featheringill said. “I don’t see any financial ramifications to the board … It’s not up to us to say she must resign. It’s up to the attorney general and prosecuting attorney to say there is a breach of office.”
“We didn’t have all the information,” Kudlak said. “I just learned tonight a breach of duty happened when she abstained … When we voted, we didn’t have all the information.”
“Is Sherry breaking the law or all of us?” Featheringill asked. “The only way for somebody to go to jail is if they say resign and she says no.”
Johnston asked for a motion and when none came, he made a motion himself to rescind the action by the board on McBride and Trustee Kelly Owen supported the motion.
Voting yes were Johnston, Owen, and Pinter. Voting no were Allison Bennett, Featheringill, and Frazier. Kevin English was absent. The vote was tied so it was not successful.
Johnston then made the motion to table until they get more information and Pinter seconded. The vote passed 6-0.
In other business at Monday’s three-hour meeting, the board:
• Witnessed members of the Van Buren Civic Fund give a donation to McBride Middle School to fund a robotics class with 25 students, one class per semester. The $7,200 check was presented by a robot from the BHS Robotics Club and club members paused for a picture;
• Heard a presentation on educational projects by members of Owen Intermediate School staff. Nine staff members were on hand for the lively PowerPoint presentation;
• Received a detailed presentation from Director of Finance Shareen Barker on the proposed 2017-18 budgets of the Wayne County Regional Educational Service Agency. The board will be asked to vote on the RESA budget at an upcoming meeting;
• Approved Schools of Choice, with an unlimited number of openings, for the fall semester of the 2017-18 school year. Applications will be accepted May 15 through Oct. 4;
• Unanimously approved a motion to begin the practice of maintaining video recordings of past board meetings. The district has been maintaining video recordings until the next meeting is held and the minutes from the previous meeting had been approved. This practice was based on a legal opinion about the liability of maintaining the documents after minutes have been approved;
• Approved the June 30 retirements of Dawn King, after serving in the Transportation Department for 29 years, and Susan Walczak of Haggerty, after serving 22 years in the district. The board also accepted the resignation of Heather Templeton of Rawsonville School as of May 12, after 1.5 years of service; and
• Heard parent Scott Anderson complain about his daughter getting suspended for 10 days after she showed the BHS counselor the Snapchat on her phone. He said his daughter was bullied by the staff and he was not called until after questioning of his child. He had many suggestions for the school board.