n Decatur School Board member called upon to resign to prevent ethics violation.
DECATUR -- When James Robertson, transportation/maintenance director, decided to retire effective July 1, his position, like so many in the Decatur school system, became available.
According to the Decatur School District, 12 applications were received for Robertson's position and those applicants were narrowed down to two candidates. Both candidates worked for the Decatur District in the maintenance and transportation department, making them qualified for the position. The problem was that only one would be offered the job.
The school board, in its regular session June 16, decided to offer the position to the current maintenance department head, Doug Holly. A possible problem with the choice is that Holly's wife, Darleen, is the vice president of the Decatur School Board, creating a potential conflict of interest.
Kim Wilkins, whose husband, Mark, was the other candidate for the position, believes that Darleen Holly should resign her school board position on grounds that the hiring creates a conflict of interest with Darleen on the board and her husband Doug as the new director.
Wilkins contacted the Arkansas Department of Education June 16 when word of Doug Holly's job offer became public knowledge.
"When they do the resolution, it has to be sent to the commissioner of the state education department," Wilkins said. "He's got to approve it or the contract is null and void," she added.
According to the ADE Rules and Regulations Governing Ethical Guidelines and Prohibitions for Educational Administrators, Employers, Board Members and Other Parties, "a board member's family member may not be initially employed by the public educational entity the member serves during the member's tenure of service on the local board for compensation in excess of five thousand dollars ($5,000) unless the Commissioner issues a letter of exemption and approves the employment contract based on unusual and limited circumstances" (10.06).
According to Wilkins, the transportation director position would exceed the $5,000 limit referred to in section 10.06. This led Wilkins to the conclusion that Darleen Holly should resign her position on the board to avoid a conflict of interest.
When the school board took up the transportation/maintenance director contract items on the agenda, board president Ike Owens called for a motion to go into executive session, which was made and passed. The board adjourned to the classroom next to the meeting room.
Vice president Darleen Holly excused herself from the 30-minute session and stayed in the meeting room. When the board returned to vote, she excused herself from the room and left the building.
"Mr. Chairman, the recommendation is to hire Doug Holly for transportation and maintenance director and approve the resolution before you," said board member Kevin Smith.
Once the motion was made, board member Aaron Owens seconded it and the vote was unanimous.
After the voting was complete, Holly reentered the room and the board moved on to the next agenda item.
Wilkins contacted the Office of General Counsel of the Arkansas Department of Education to find out whether or not the Decatur School Board action violated the Section 10 rule.
"They received the resolution to contract with family of a board member Part B document on June 18," Wilkins said. "The commissioner requested additional information from the Decatur School District on the matter."
Because of the July 4 holiday, the resolution has yet to be approved. The hiring of Holly as transportation/maintenance director was pending approval of the ADE commissioner.
General News on 07/09/2014