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Tag Archive | "Township Trustee"

School board selects new trustee


 

Matt McConnon was appointed on Tuesday, January 23, to fill a vacant seat on the Cedar Springs Board of Education. Courtesy photo.

But question arises on whether he can serve

By Judy Reed

The Cedar Springs Board of Education held a special meeting Tuesday evening, January 23, to fill the board seat vacated by Patricia Eary last week when she resigned. The board interviewed six candidates, and voted 6-0 to appoint Matt McConnon, of Courtland Township, to fill the seat until January. He was sworn in at the end of the meeting by School Resource Officer Deputy McCutcheon.

Several of the board members felt McConnon’s 10 years of experience in policy making and budgeting on the Courtland Township board would be beneficial to the school board. It remains to be seen, however, whether they will get to use his expertise.

“After we appointed Matt McConnon to the BOE, it came to light that there could be an outside concern with the incompatible office law as Matt is a trustee on the Courtland Township Board,” said Board President Heidi Reed.

“With the first look, the two positions (Township Trustee and BOE) appeared to only have a ‘potential of incompatibility,’ which meant the law did not apply. Matt’s longstanding board service to Courtland Township is to be admired. We have been in contact with Matt and we will amicably resolve this situation after we have gathered the facts,” she said. 

The concern arose because at the end of the meeting, the Post found, after speaking with Mr. McConnon, that he was still serving on the Courtland Township board. He explained that Superintendent Dr. Laura VanDuyn had checked into it, and told him that there should be no conflict of interest since Courtland Township doesn’t do much voting on school issues.

However, the Post remembered that there was a similar case eight years ago, involving our own school board and the Cedar Springs City Council, and that the Kent County Prosecutor had deemed the two offices incompatible.

In that case, Pamela Conley, who was a Board of Education trustee, ran for Cedar Springs City Council in 2009 and won a seat. Both lawyers for the city and the school eventually agreed that the offices would be in conflict, and decided to send it to then Kent County Prosecutor William Forsyth for a final opinion. He sent back his decision, explaining why the offices were incompatible. He also told Conley she needed to resign one of the offices by a certain date or he would file charges in Circuit Court. She decided to resign her BOE seat and still serves on the Cedar Springs City Council.

According to the opinion issued by Forsyth in January 2010, in which he cited the Public Offices Act, State Attorney General opinions and Supreme Court opinions, he noted that a person could serve on both boards if they do not negotiate or enter into contracts with one another, which the city and school do. “Of equal significance, an individual cannot avoid the incompatibility by abstaining from voting on resolutions…because abstention under such circumstances ‘is itself a breach of duty.’” He specifically mentioned the city collecting the taxes for the school, and the city conducting school board elections, and the school reimbursing the city for them.

Courtland Township does the same.

The Post emailed Board of Education President Heidi Reed and Superintendent Van Duyn to inform them of the prior case. Reed told the Post they would check into it. She then later issued her statement cited earlier in this article.

The Post will update this story when we know more.

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