Although it was an attempt to “move on,” a press conference with Clarkston school officials last week revealed new information on the conflict over Tony Miller’s alleged conflict of interest.
Contrary to Miller’s claims, Deputy Superintendent David Reschke denied a full endorsement of Miller’s dual role as both district trustee and assistant high school football coach. In addition, Athletic Director Dan Fife said he and head football coach Kurt Richardson believed Miller would have a conflict of interest, and told him so in April.
Anita Banach, director of marketing and communications, opened the Thursday, Sept. 4 session with comments about “unreported or misrepresented” information.
“The district would like to put this behind us and move on to more pressing educational issues,” Banach said.
Among the points of clarification were the district’s position that candidates had the responsibility to determine legal and ethical matters themselves, the availability of district bylaws and code of ethics, and trustees’ oath to “uphold the law and the constitution,” Banach said.
Miller had said Reschke told him there would be no conflict of interest if his coaching was done without pay. Reschke said there may have been a misunderstanding, and he attempted to clarify it when he realized the problem.
“At that time he called himself a volunteer coach,” Reschke said. “I didn’t know anything about the Incompatibility Act at that time, but I did know about the nature of our board policies, and one thing I was sure of was that you couldn’t be an employee in the district and serve on the board.”
Reschke said he urged Miller to meet with the superintendent for more info at end of meeting.
“I did not at any time tell him he could be a coach on that staff,” he said. “I was flabbergasted to find out two months later that Tony had depicted that conversation and said I told him it was alright to be a coach. I was shocked that that was his interpretation of what I said.”
Reschke said he has avoided public discussion of the issue. “I have not wanted to talk about this because one, he’s a board member and two, he’s a former student of mine, and I don’t think it’s appropriate to get in a conflict with someone like that.”
Fife joined the chorus of those complimenting Miller for his dedication and good intentions. He said he was up front with Miller before the election, however.
“I told Tony that I felt at that time it was a conflict of interest,” Fife said, “not knowing what the superintendent thought, not knowing what anyone in central office thought, but my own feeling. I felt it could be a conflict and probably would be a conflict of interest me as an athletic director trying to tell an assistant coach like Tony, ‘You can’t do that,’ and him being in essence my boss.”
“The fact is, I went into [the administrative building] to find out whether there was a conflict of interest,” Miller later said of his conversation with Reschke. “Everyone in the community understands my passion for coaching. If my running [for school board] was going to jeopardize that, I was not going to run. I did everything in my power to figure it out.”
Concerning Fife’s comments, Miller said Fife and Richardson “asked” him about conflict of interest, to which he related his conversation with Reschke.
Miller has admitted his agreement with “philosophical” conflict of interest, but denies it in the practical application. He said others will have to answer for their “philosophical” conflicts, and he pointed to Fife (who serves as both athletic director and head basketball coach) as an example.
“The athletic director is channeling money to the basketball program,” Miller said. “I’m not even handling money.”
Although the Sept. 4 courtroom arguments centered on the administration’s discretionary authority in hiring and firing, Superintendent Al Roberts continued to defend the use of the state’s Incompatible Public Offices Act as a basis for his decision.
“The decision I made, while controversial, was not personal, nor was it difficult to make,” Roberts said. “I will not deliberately violate the board’s rules, policies, bylaws or code of ethics, nor will I knowingly violate the law. That’s what we were being asked to do.”
Roberts also said he trusted the advice of Fife and Richardson.
“When you’re sitting on the bench, and the coach makes a call, and you don’t agree with it as an assistant coach, and you happen to have the power of a seat on the board, there are entanglements that get in the way,” Roberts said. “I did have the advice of those folks I trust most in our association relative to athletics and they saw the conflict pretty clear.”
There has been debate about whether a “volunteer” should be considered on the same plane as “employee,” and that disagreement still exists.
“Whether he’s paid or not, he’s asking to be an employee, to do the things an employee does,” Roberts said. “That’s the line that can’t be crossed.”
Miller later said, “I’m not an employee. I don’t want to be paid. Why can’t I be a volunteer coach?”
Oakland County Circuit Judge John J. McDonald cited the power of the school board to overrule Roberts’ decision, but trustees present at the press conference appeared to have no desire to do so.
“If I have a problem with a coach, and that coach is sitting on the board governing himself, who do I go to as a parent?” said Treasurer Shelia Hughes. “I may go to the athletic director, but who’s the athletic director got to go to in the end? The board. We have to be the ones to govern that position. Those conflicts do exist.”
Board President Karen Foyteck said she was “personally affronted” by the accusation that “politics” were involved in the decision.
“This was not a political game,” Foyteck said. “This was called doing what the law says and doing what was right.”
Roberts criticized local media and attorney Arthur Weiss for personal attacks during this controversy.
“I’ve been vilified and threatened, and my staff members have been bullied over this issue,” Roberts said. “Mr. Miller’s attorney has been permitted to attack my character.”
Repeating the desire to “move on,” Roberts said he wants to work with Miller and help him be part of the “team.”
“Despite the situation, I don’t dislike Mr. Miller,” he said. “I remain totally committed to help him to be in his role as a board member and help him be the best board member he can be.”