Prevents American Civil Liberties Union of Minnesota client's removal from school board
St. Paul, Minn. - The Minnesota Legislature has amended the state's conflict of interest rules to provide an express exception for school board members whose spouses work for the district and have a collective bargaining agreement with the board. The bill now heads to the Governor.
The need for the amendment arose after voters in the Mounds View School District elected Susan Murphy to the board last November, after which the school board's attorney acted to try to prevent her for from serving as a duly elected board member. Ms. Murphy's husband is a custodian employed by the district and the school board will be negotiating and voting on the custodians' collective bargaining agreement. State law prohibits public officials from having a direct, voluntary financial interest in most contracts with their government agency.
Although Ms. Murphy had agreed to abstain from voting on the contract and not to take part in any of the confidential discussions on the contract, the school board's attorney took the unusual position that, if Ms. Murphy had a conflict of interest, the only remedy would be for her to resign or be removed from the board. The proposed remedy by the school board's attorney was contrary to the Minnesota Constitution, which specifies the criteria for school board eligibility, and contrary to the common practice of school boards throughout the state, as confirmed by the Minnesota School Boards Association. In response to the action by the school board's attorney, the ACLU-MN acted quickly to help ensure that Ms. Murphy could retain her seat as a duly elected school board member. The Legislature, the Minnesota School Boards Association and many others also acted quickly in response to the unusual position of the school board's attorney.
The school board's attorney requested an advisory opinion from Minnesota Attorney General Lori Swanson. ACLU-MN cooperating attorneys Timothy Branson and Jay Lindgren from the law firm of Dorsey & Whitney submitted a response letter to the Attorney General arguing our position that the appropriate remedy for a conflict of interest is for the affected board member to abstain from the discussion and vote on the contract. Conflict of interest laws are an important check against corruption; however, they should not operate to undo the will of the voters. The legislature's action to clarify the law would ensure that Ms. Murphy will be able to remain on the Mounds View School Board. . "I am relieved that the Legislature made it clear that elected school board members in the state should not be removed simply because their spouse is a union member working for the district," said Ms. Murphy. "It is my hope that the Mounds View School Board can put this behind us and get on with the important work we were elected to do.," Murphy said.
"We are pleased that the Legislature has taken quick action to address this issue and hope that the Governor will quickly sign the bill into law," said ACLU-MN Executive Director Chuck Samuelson. "Our client was duly elected by the people of Mounds View and that election should not be undone simply because she is married to a school district employee," Samuelson said.