PRAIRIE GROVE -- The School Board has decided to seek additional legal advice to determine if it would be a conflict of interest for a board member to work in the district as a substitute teacher through an employment agency.
The board discussed the issue Tuesday night, but no action was taken.
Cassie Davis was elected to the Zone 1 position on the board May 24. Davis received 268 or almost 55% of the votes, and her opponent, Trenton Dunn, received 192 votes. Candidates assume their elected positions as soon as they take the oath of office.
Davis works for Kelly Services as a substitute teacher in the Prairie Grove School District and has said she plans to continue to do so.
Board member Whitney Bryant said she believes it would be impossible for a board member to be impartial while also working in the district and the board should consider a recommendation from the school attorney about the situation.
"As board members, we are here to hire and fire the superintendent and adopt policy, and I think that this definitely violates, indirectly violates, Arkansas law regarding someone serving on the board and working in the school," Bryant said.
In a May 27 letter to Superintendent Reba Holmes, school attorney Marshall Ney noted that Arkansas Code Annotated 6-13-616 states that a person who is elected to a school district board of directors is not eligible for employment in the same district.
Ney said the statute does not expressly state that it prohibits indirect employment of a substitute teacher through a staffing agency, but he opined the statute covers this as well.
"The dynamic of a board member supervising a superintendent, while at the same time working under the superintendent's management of the district seems unwieldy and inconsistent with the intent of the General Assembly," Ney said in the letter.
On Wednesday, Davis said she checked with school administration before filing as a candidate, and her understanding was that it would not be illegal for her to do both.
She said she also understood that all board members were aware of it beforehand.
"I would always put the students and the school first," Davis said. "I'm going to take my board seat and go with that for now. I was voted in, and I feel it would be letting people down to walk away."
Bryant said the board should consider the "spirit of the law," adding that board members are supposed to serve impartially.
Bryant said she welcomes Davis on the board but believes she should substitute in other districts, not Prairie Grove. She recommended the board amend its policy handbook to address the situation and follow the legal advice from Ney.
Not all agreed with Bryant.
Shawn Shrum, who did not run for reelection, said the law is vague on that situation. He said Ney in his letter said he "thinks" the statue is intended to cover indirect employment with the district.
"I think you could call up 12 lawyers and get 12 different answers," Shrum said.
Board member J.C. Dobbs said Davis has a strong personality.
"I don't think Cassie will let anyone influence her from doing what's right," Dobbs said.
Dobbs acknowledged he's biased toward Davis since he prompted her to run but added she wants to substitute in the district where her children go to school.
Holmes said she called Kristin Garner, attorney with Arkansas School Board Association, and Garner said it was not something she would recommend. However, Davis would be working for Kelley Services, not the school, Garner said.
Garner, reached by telephone Wednesday, agreed it does not violate Arkansas law for Davis to do both but said the practice could put a board member in a position where he cannot make a fair or impartial decision.
Based on her concerns, Garner said she would recommend the district ask Kelly Services not to assign the board member to substitute in Prairie Grove, or the School Board could take the leadership role in passing a policy that a board member could not substitute for a staffing agency in the same district, she said.
Board president Casie Ruland said, "I think it would be hard to be impartial."
Orr made the recommendation to continue to seek more legal advice from Ney and Garner.