Tony Miller is continuing his fight to again coach high school football in Clarkston, and vows not to tone down his public questioning of school district policies as a school trustee.
He admits some fatigue in the fight, however.
Arthur Weiss, the attorney representing the Clarkston school trustee, has filed a brief with the Michigan Court of Appeals asking for a reversal of an Oakland County Circuit Judge’s dismissal of last fall’s lawsuit against Superintendent Al Roberts.
Roberts and the remainder of the school board said Miller, the top vote-getter in the 2003 school board election, could not continue his work as a part-time volunteer coach with the Clarkston High School football team. Miller maintains that he was told before the election there would be no conflict of interest.
Conflict of interest was the primary debate last fall, with school administrators and attorneys citing the state’s Incompatible Public Offices Act. Weiss argued that the administration was misinterpreting that law.
In the circuit court appearance, however, the public argument ? accepted by Judge John J. McDonald ? was that Roberts was properly exercising his ‘discretionary authority? in making a ‘hiring decision.?
‘That’s fraudulent,? Weiss said. ‘It is our position that the court decision was erroneous.?
The brief filed on Miller’s behalf is almost 20 pages of citation of legal conversation arguing that McDonald improperly issues a summary disposition and further denied Miller’s opportunity to amend his complaint based on the school attorney’s change in strategy.
?[The] defendant perpetrated a classic ‘shell game? with the lower court and the public,? the brief said. ‘Given this unfortunate and impermissible scenario, [Miller], at a minimum, should be entitled to an evidentiary hearing in which [Roberts?] transgressions can be completely and properly exposed.?
Attempts to reach George P. Butler III, the attorney representing Roberts and the school district, were unsuccessful, and Weiss admits there is a waiting game of sorts as the district decides ‘if and when? to respond to his appeal brief.
Miller, meanwhile, said he will increase his public challenges of school budgets and priorities.
‘I’m going to start speaking up,? he said. ‘I’ve got to call a spade a spade.?
While not revealing details, Miller said he has several options in continuing his fight to regain his coaching position. The only real discouragement, he said, was the lack of other voices speaking out against what he believes to be wrong priorities.
‘There are a lot of people who are scared,? he said, noting that people are ‘putting pressure? on him to stop being so outspoken.
While he is not ready to say he’ll give up his school board seat, he said he can’t be ‘the Lone Ranger? forever.
‘If they don’t help me out, I’ve got better things to do,? he said.