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Clayton judge: No board seat on schools


The Atlanta Journal-Constitution
Published on: 05/06/08

A judge denied an ousted Clayton County school board member's request Monday to be reinstated to the board.

Under the ruling, Norreese Haynes' District 8 seat will remain vacant until a special election July 15.

The board removed Haynes on March 3 after Clayton County police found he did not live in the county. Haynes filed a suit, alleging he was illegally removed and asking a judge to halt the special election.

"We're very pleased with the court's ruling," Clayton school board attorney Dorsey Hopson said Monday. "We always maintained the board did nothing wrong."

On Monday, Clayton County Superior Court Judge Deborah Benefield refused to hear evidence from Haynes, including a secretary of state investigation that found he did live in Clayton.

The judge only ruled on Haynes' request to be re-instated and not where he lives. Under the ruling, the judge also decided that Haynes sued the wrong party: The school board does not schedule elections. Haynes would have to sue the county elections board if he wants to halt the special election, Benefield said.

Haynes' attorneys said they will appeal and file a suit against the county elections office.

"This is another black eye to this county," said Preston Haliburton, one of Haynes' attorneys. "There is already a circus going on over there [at the school board] and now we're bringing it into Superior Court."

Haynes said he stayed in Marietta while attending classes at the University of Phoenix but his permanent residence was in Morrow. Georgia law requires school board members to live in the county they represent.

The judge will hear the school board's request to dismiss the suit on May 19.

The Southern Association of Colleges and Schools gave Clayton County schools until Sept. 1 to meet nine mandates or lose accreditation. One of those mandates is to ensure all board members live in his or her district.

Haynes said he is determined to return to the board, despite the community's calls for all nine members to resign.

"I will fight this as long as it takes," Haynes said Monday. "I was part of the accreditation situation and should help to fix that. After that, I will consider stepping down. I need to finish what I started."

Board members Michelle Strong, Sandra Scott and Lois Baines-Hunter attended the Monday hearing, but made no comments.

Last week, two people qualified to run for the vacant District 8 seat.

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