Tony Miller has suffered another defeat in his legal battle to be both a school trustee and a Clarkston High School football coach, and he is taking more public criticism from fellow trustees.
Miller, the top vote-getter in the June school board election, has contested Superintendent Al Roberts’ ruling that his new position on the school board prevents him from serving as a part-time coach, even as a volunteer.
The administration cited both school board policy and state law in establishing the “conflict of interest,” even if Miller did not receive pay for his services.
Miller filed a lawsuit contesting the interpretation of state law, but last month Oakland County Circuit Judge John J. McDonald dismissed Miller’s suit based on the in-court argument that Roberts had the statutory delegated authority to make decisions on hiring and firing.
Arthur J. Weiss, representing Miller, filed a “motion to reconsider” with the circuit court on Sept. 30. The motion said McDonald failed to give Miller the opportunity to fully present his case, and Weiss quoted court rules stating, “The court shall give the parties an opportunity to amend their pleadings…”
McDonald denied Weiss’ motion on Oct. 8, but the fact that Miller’s legal fight is continuing set the state for an addition to Monday’s board of education agenda.
President Karen Foyteck said the district has spent $17,990 in legal costs even before the September court date. More legal bills will be coming, she said, and there have been other costs.
“We have no way of adding up or guestimating what it has cost the district in staff hours and time,” Foyteck said.
“The board has been very clear. Enough is enough.”
Despite public comments by Weiss, several trustees expressed surprise at the subsequent legal action and called on Miller to cease and desist.
“I hope you understand that I feel I’m as right in my position as you feel you are in yours,”
Trustee John Koval said. “I really had hoped that after the court case, this would be over and done with and we wouldn’t be spending any more good dollars on this kind of thing. We’ve got to bring this to an end sometime.”
“You seem to be focusing on the law, even though we have district policies that have been in place for years,” Treasurer Sheila Hughes said to Miller.
“I know you feel you are in the right, but you need to adhere to those policies, because you are a member of the board.”
Secretary Stephen Hyer urged Miller to remember principles of communication covered at the board’s fall retreat.
“As board members, we operate as one team,” Hyer said. “We don’t keep things from each other, we keep each other abreast of what’s going on. In this situation, we’re in the dark. We’re learning things from the newspapers and from our attorneys. We want you to be a full member of this board, and we expect you to meet those obligations and communicate with the rest of this board.”
Miller, who said he was surprised at the addition to the agenda, said he is seeking clarification on the law.
“The court case was an injunction. That’s all that was about. Now we are going to proceed and find out if this is truly law. There’s nothing to do with volunteer coaches, unfortunately.”
Foyteck attempted to stop the rearguing of the original issue, but Miller countered, “You brought it up, so we might as well talk about it. This is the last thing Tony Miller ever wanted.”
“I would urge you to take your fight in interpreting the law elsewhere,” Hyer said. “What we all object to is the fact that you’re wasting our district’s time, resources and dollars.”
Regardless of whether the coaching issue is a conflict of interest, Hyer claimed that Miller’s legal actions have done so.
“Our bylaws clearly state that a board member will not put themselves in a position of conflict. By suing the district and the superintendent, you’re clearly violating that bylaw and putting yourself in a position of conflict.”
Weiss said he was not surprised at the dismissal of his motion to reconsider.
“I just wanted to preserve the record,” he said.
Now, Weiss is contemplating either taking his original lawsuit to the Court of Appeals, or he may simply file a new lawsuit on behalf of Miller on First Amendment grounds.
“I don’t want to wait two years for the Court of Appeals to make up their mind,” Weiss said.