Shoreview, MINNESOTA

Jan 15, 2008 - Newly-elected Mounds View School Board member Susan Murphy may have to leave office. The school board was informed by the district's attorney that she could voluntarily resign or be removed from the board for cause. But before either needs to happen, a conflict of interest must be proven.

Her husband is a janitor in the district and is a member of the union. The school board is set to negotiate the union contract. The board approved the hire of an independent hearing officer, a retired judge, who will perform an investigation to determine if such an issue exists. The hearing process is scheduled to begin on Jan. 22.

After the election, the attorney said, he advised the district that under state law, public officers could face gross misdemeanor charges if they take part in making contracts in which they have a voluntary personal financial interest or benefit.

The ACLU has agreed to represent her.

TT - She is not black, which makes you wonder if the Always Clueless Lawyers joined the cause because they don't want union-backed school board members in other districts to recuse themselves. When they find an idea "appalling," it's probably a very good thing indeed.

The school board addresses the issue on their website. They were aware of the conflicts but thought it could be solved by her abstention. It wasn't until after the election that the district lawyer made them aware of the specific statute and its legal implications.

Under state law, public officers could face gross misdemeanor charges if they take part in making contracts in which they have a voluntary personal financial interest or benefit. He warned board members: If they vote knowing that a conflict exists with one of them, all could face potential criminal sanctions under the statute. Beyond that, he said, the contract could be thrown out.