Based on the colorful campaign yard signs sprouting in our neighborhoods, we know that the countdown to Election Day 2017 is underway.
While it should be a given that the the upcoming Municipal Election on November 7 for township supervisors and school board directors is important, we know that historically turnout on a non-presidential year is not good. In an attempt to encourage interest in our local races, I wrote a post earlier this year after the candidates filed their petitions, listing all the supervisor and school board candidates.
In that March 8 post, I commented about the T/E Region 2 school board race between Democrat Kyle Boyer and Republican Doug Anestad; asking if a current T/E School District teacher (Boyer) could run for the T/E School Board. Although intended as a “procedural question”, there were a few comments that suggested I was biased in this race because I knew Mr. Boyer’s opponent (Doug Anestad). My point wasn’t to advocate or side with one candidate over another — it was simply seeking an understanding of the situation from a legal/procedural standpoint.
I subsequently learned that a candidate (in this case Kyle Boyer) can run for T/E School Board as a T/E School District teacher. The candidacy is not the problem; the difficulty arises should the candidate win the election … as a currently employed District teacher cannot also serve as a member of the District’s school board. However, it was stated in March that Boyer intended to leave the District and work as an administrator in another school district and that his departure would be long before the November election or the 60-day requirement of notification to the District. It was assumed that the situation would resolve itself.
Between the Trust’s 13th Annual Historic House Tour in September and a trip to Seattle to see our first grandchild Audrey last week, I have admittedly been distracted from local issues the last several weeks, including the upcoming municipal election. I have now learned that the situation with the T/E Region 2 school board candidate Kyle Boyer has not resolved itself.
Mr. Boyer did not resign from his position with the T/E School District and remains in the classroom as a T/E Middle School teacher. The deadline for candidates to withdraw their name from the election was August 8 and Mr. Boyer did not withdraw. We have a T/E School District teacher with his name on the ballot as a candidate for the T/E School Board yet he cannot serve the District as a member its school board and as a District teacher. Now what??
The following email was received from Neill Kling, chair of the Tredyffrin Republican Committee regarding the Kyle Boyer issue, stating “what had been a troubling potential conflict of interest has now become a legal question …” I will contact the chair of the Tredyffrin Township Democrats Kathleen Keohane and T/E School Board Region 2 candidates Kyle Boyer (D) and Doug Anestad (R) for their comments on this matter. If responses are received, the post will be updated accordingly.
The local T/E School District Region 2 race just became a lot more interesting!
We know that T/E school district employees are forbidden by law from serving on the T/E School Board because that creates an obvious, immediate and irreparable conflict of interest. Nevertheless, one of the candidates for School Board in Region 2, Kyle Boyer, is currently a teacher at Valley Forge Middle School. While this may technically be permitted (so long as he leaves his position in time to serve — see below), it obviously creates a similar conflict of interest, particularly at this moment of District/Teacher contract negotiations.
However, I learned over the weekend that Mr. Boyer did not notice his resignation as a teacher in the T/E School District by October 6 and, to my knowledge, still has not done so. That is critical, because, as I understand PA law, a teacher must give 60 days notice of their resignation before it takes effect. I presume that rule is to protect the smooth transition of instruction for the students being deprived of a teacher, and give the district time to identify a proper replacement. In any event, should he be elected School Board Member, Mr. Boyer will not be able to assume the office on December 4, 2017, which is when the new school board sits. Thus, what had been a troubling potential conflict of interest has now become a legal question: is Kyle Boyer eligible to be on the ballot given that he will not be able to serve at the appointed time? And that raises other troublesome questions, such as: 1) By whom would a waiver of the 60-day rule be given and on what basis? 2) Could such a waiver be given conditioned on his election? 3) Is there some deal in the works whereby Mr. Boyer has already been promised such a conditional waiver? 4) Has he asked for one? 5) If Mr. Boyer’s name remains on the ballot and he gets the most votes, but withdraws from the race or is unable to serve, who decides upon the person to serve on the School Board in his stead, and under what criteria? 5) Should the parents of Mr. Boyer’s students have been told what the potential status of his employment is?
The PA state law for school directors can be found athttp://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1949/0/0014..HTMunder ARTICLE III. SCHOOL DIRECTORS. The prohibition against an employee serving as school board member is Section 324. The language requiring teachers to give 60 days notice can be found in ARTICLE XI. PROFESSIONAL EMPLOYEES. Section 1121.
We are currently looking into these questions but I would appreciate your putting this up on the CM website to generate valuable discussion among community members.
Chair, Tredyffrin Township Republican Committee