Saco mayor plans school board run - Sept. 22, 2011

Saco mayor plans school board run


By David Harry
Staff Writer

Saco Mayor Roland “Ron” Michaud said he is running for the Regional School Unit 23 Board of Education because he wants to solve problems he sees in the district.
Last Tuesday, school board members unanimously said they have a problem with Michaud’s attempt because serving on the board is a conflict of interest.
“Look at the plain reading of the policy,” said Dan Cabral, a Saco resident who is vice chairman of the board that covers Dayton, Saco and Old Orchard Beach.
Michaud and his wife, Hilda Michaud, are employed at Thornton Academy, the private school attended by Saco and Dayton high school students on a contractual basis. Ron Michaud works at the academy help desk and Hilda Michaud supervises special education programs.
The determination of a conflict of interest and affirmation of district policy was a recommendation made by the district’s Policy Committee comprised of board members, district administrators and staffers.
Inside the policy document on the district website is a clause that prohibits employees or the spouses of employees of a district school from serving on the board of education. The ban extends to employees of schools contracted by a district to educate its students.
Cabral and Old Orchard Beach board member Gary Curtis said the provision makes it clear Michaud could not serve on the board.
Curtis said the policy was adopted from policies used by Old Orchard Beach, Saco and Dayton schools before the districts merged in 2008.
Michaud said despite the unanimous board vote, he will stay on the ballot until he is clearly told by Maine Department of Education officials or his legal advisers that serving on the board is a conflict of interest.
“I have the right to run for office,” Michaud said, adding the RSU 23 School Board lacks the authority to keep him off the ballot.
Curtis and Cabral said the board looked into Michaud’s candidacy because board members and the public raised questions about his and his wife’s employment.
Curtis said if elected, Michaud could conceivably be required to recuse himself from about half of board votes, especially because some special education issues at Thornton Academy still require board votes.
Michaud disputed the estimate and said the contractual arrangement between the academy and the district means most academy decisions do not require school board approval.
“Recusal is not an uncommon thing,” said Michaud, who is now completing his second two-year term as Saco’s mayor.
Michaud said he was not sure how often he might have to recuse himself from board action on special education questions, but otherwise was confident the only vote he would have to skip was to renew the five-year contract between the district and academy.
Michaud said he filed his nomination papers for the board of education seat after getting advice from former RSU 23 Superintendent Michael LaFortune. LaForturne said serving on the board did not present a conflict of interest.
Last month, incoming Superintendent Patrick Phillips contacted him about a possible problem seeking the seat, Michaud said.
Michaud said he expected to get a legal opinion by now, instead of just a recommendation by the Policy Committee.  
Phillips, Curtis and Michaud noted the reorganization law passed by the Maine Legislature in 2007 that requires school district consolidation lacks any mention of how new school unions work with conflict of interest questions in the case of contracts with private schools.
Phillips said the murkiness of the question requires future legislative action, but the presence of the language in local policy establishes who can serve on the board.
Michaud remained unconvinced, but said he hopes the question will be resolved shortly so voters can consider the future of the district and what he and fellow board candidates Elizabeth Johnston, Shirley Jones and Alan Smith have to offer.

Staff Writer David Harry can be reached at 282-4337, ext. 213.
 

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