They had a choice of five people for the job. Thousands of ballots were cast, and of the four elected only one was not an incumbent: Susan Murphy. She received 2,900 votes that day, the second-highest number of votes received by any candidate in the race.
Shortly after her election, Murphy was contacted by the school board chair, a local attorney, who pressured her not to take the oath of office. He said Murphy had an illegal conflict of interest because her husband is a custodian in the district, and the school board would be discussing and eventually voting on the collective bargaining agreement with his bargaining unit.
Ms. Murphy also was contacted by the school district\'s attorney, who informed her that there was a potential conflict of interest "in the event you choose to take and file the oath of office for membership on the school board…"
On Jan. 8, Murphy did, in fact, take and file the oath of office. When the school board meeting convened, members were addressed by their attorney. He told them that if Murphy did, in fact, have a conflict of interest, the only remedy would be for Murphy to resign or be forcibly removed from the board.
The school board then passed a resolution to retain a retired judge as an independent hearing officer to investigate and make factual findings about whether Murphy has an illegal conflict of interest in the collective bargaining agreement for her husband\'s bargaining unit. The resolution also states that the only appropriate remedy for a conflict is for Murphy to resign or be forcibly removed from the board.
Susan contacted the ACLU of Minnesota.
The ACLU of Minnesota took Murphy\'s case, one of the 70 or so we\'ll take from about 1,500 choices, because voting is a sacred civic right and responsibility. She had done exactly what the ACLU and a myriad of other groups have advocated for years: She had put herself in front of her neighbors and asked them for their support. She campaigned for their votes, she successfully convinced a large number of them to vote for her and she was legally elected to the school board.
It is true that Murphy received union support. So did other candidates. It is also true that Murphy\'s husband has been a custodian with the school district for 20 years. And, it is true that he is active in his union. These are all legal activities, and other school board members in the same district have had spouses who worked for the district.
If Murphy is removed from the school board, then other school board members whose children have worked summers for the district should resign. So should school board members across the state whose spouses work for the district. And there are similar conflicts in city councils and county boards throughout Minnesota as well.
Ms. Murphy fully expected and accepted that she would not be able to vote when the school custodians\' contract came before the board. That is the way such conflicts have been handled in this state for years. To force Murphy\'s resignation is too much, and the ACLU and the Dorsey and Whitney law firm will do everything in our power to keep that from happening.
Chuck Samuelson is executive director of the American Civil Liberties Union of Minnesota. The ACLU-MN fights to protect the civil liberties of Minnesotans through litigation, public education and lobbying related to legislation that impacts civil liberties and civil rights. Reprinted from The Union Advocate, the official newspaper of the St. Paul Trades and Labor Assembly. Used by permission. E-mail The Advocate at: advocate@stpaulunions.org
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They had a choice of five people for the job. Thousands of ballots were cast, and of the four elected only one was not an incumbent: Susan Murphy. She received 2,900 votes that day, the second-highest number of votes received by any candidate in the race.
Shortly after her election, Murphy was contacted by the school board chair, a local attorney, who pressured her not to take the oath of office. He said Murphy had an illegal conflict of interest because her husband is a custodian in the district, and the school board would be discussing and eventually voting on the collective bargaining agreement with his bargaining unit.
Ms. Murphy also was contacted by the school district\’s attorney, who informed her that there was a potential conflict of interest "in the event you choose to take and file the oath of office for membership on the school board…"
On Jan. 8, Murphy did, in fact, take and file the oath of office. When the school board meeting convened, members were addressed by their attorney. He told them that if Murphy did, in fact, have a conflict of interest, the only remedy would be for Murphy to resign or be forcibly removed from the board.
The school board then passed a resolution to retain a retired judge as an independent hearing officer to investigate and make factual findings about whether Murphy has an illegal conflict of interest in the collective bargaining agreement for her husband\’s bargaining unit. The resolution also states that the only appropriate remedy for a conflict is for Murphy to resign or be forcibly removed from the board.
Susan contacted the ACLU of Minnesota.
The ACLU of Minnesota took Murphy\’s case, one of the 70 or so we\’ll take from about 1,500 choices, because voting is a sacred civic right and responsibility. She had done exactly what the ACLU and a myriad of other groups have advocated for years: She had put herself in front of her neighbors and asked them for their support. She campaigned for their votes, she successfully convinced a large number of them to vote for her and she was legally elected to the school board.
It is true that Murphy received union support. So did other candidates. It is also true that Murphy\’s husband has been a custodian with the school district for 20 years. And, it is true that he is active in his union. These are all legal activities, and other school board members in the same district have had spouses who worked for the district.
If Murphy is removed from the school board, then other school board members whose children have worked summers for the district should resign. So should school board members across the state whose spouses work for the district. And there are similar conflicts in city councils and county boards throughout Minnesota as well.
Ms. Murphy fully expected and accepted that she would not be able to vote when the school custodians\’ contract came before the board. That is the way such conflicts have been handled in this state for years. To force Murphy\’s resignation is too much, and the ACLU and the Dorsey and Whitney law firm will do everything in our power to keep that from happening.
Chuck Samuelson is executive director of the American Civil Liberties Union of Minnesota. The ACLU-MN fights to protect the civil liberties of Minnesotans through litigation, public education and lobbying related to legislation that impacts civil liberties and civil rights. Reprinted from The Union Advocate, the official newspaper of the St. Paul Trades and Labor Assembly. Used by permission. E-mail The Advocate at: advocate@stpaulunions.org