Judge: Yank Clayton school board members

A state judge has recommended that Gov. Sonny Perdue immediately remove four Clayton County school board members as the schools await a decision Thursday on whether they will lose their accreditation.

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Clayton County Schools

A judge has suggested that Gov. Sonny Perdue remove four Clayton school board members; (left to right) Yolanda Everett, Lois Baines-Hunter, Michelle Strong and Sandra Scott.

Clayton County schools headlines:

• Photos: Timeline of Clayton schools' woes

[an error occurred while processing this directive] • AJC editorial: Less hope

• Read the full report to SACS:
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• Read SACS' report (PDF)

Clayton County news

Judge Michael Malihi of the Office of State Administrative Hearings said Wednesday that Michelle Strong, Sandra Scott, Lois Baines-Hunter and Yolanda Everett should be removed for violating Georgia’s Open Meetings act and the state ethics code.

“The probative evidence shows that the respondents have violated the Georgia Open Meetings Act, have violated the board’s code of ethics for board members, and have engaged in conduct unbecoming of a board member and in breach of the public trust,” Malihi wrote Perdue Wednesday in his ruling.

Bert Brantley, the governor’s spokesman, said it is unclear if or when Perdue will act.

The judge’s decision came several hours before the national schools Accreditation Commission’s scheduled vote Wednesday on whether to revoke Clayton schools’ accreditation. The accreditation group contends the board is “fatally flawed” because of serious micromanaging, misuse of funds, abuse of power, and conflict of interest.

The commission’s Southern Association of Colleges and Schools will announce the results Thursday.

Perdue asked the judge to get involved in July after five Clayton residents filed a complaint, alleging the four board put the school system’s accreditation at risk by violating state ethics law.

“The evidence, as [the judge] pointed out, was so overwhelming that it would have been a shock had he not ruled the way he did,” said attorney Albert Wallace, one of the petitioners and a former Clayton district attorney.

School board attorney Julie Lewis defended the board members, however, saying they did not get due process. She was critical of Perdue for referring the matter for review within his executive branch.

“The judicial process in this instance was fatally flawed,” Lewis said in a statement. “We are not surprised by the decision. We could tell what the outcome was going to be from the very beginning, and it was continually reaffirmed throughout.”

About three hours after issuing her statement, Lewis asked in a e-mail to rescind her comments, saying Clayton County Schools Superintendent John Thompson had issued a gag order in talking with the media.

Board member Baines-Hunter, whose term ends on Dec. 31, said she was not surprised and called the ruling a mere “formality.”

“They wanted us off the board, and they’re getting what they want,” she said. “Political reasons or whatever. The taxpayers and the children are the ones who will suffer because I tried to do the best I could.”

“This is nothing new,” she said of her likely dismissal from the board. “It’s just a new way of doing business, that’s all.”

Strong, the board chairwoman, was disappointed, but contended she did nothing wrong and there were never any violations of the Open Meetings Act.

“I don’t think I’ve done anything wrong,” she said.

Strong said she felt like the ruling was disenfranchising Clayton County residents because the decision to remove the board members came from people who don’t live in the county.

“If I have to be the martyr and save those kids and save their accreditation, then fine,” she said.

Members Everett and Scott said they could not comment.

Malihi issued his ruling after hearing more than 40 hours of testimony and reviewing thousands of meeting minutes and other documents.

He said he found repeated Open Meetings violations and egregious behavior by board members, including name-calling and verbal attacks. He was also critical of outside influence from leaders of two rival teachers unions.

“The inability of the board to function properly during this critical period of SACS accreditation issues constitutes a breach of the public trust of the board,” the judge wrote.

Lewis said the ruling may have set a precedent allowing anyone upset with a board member to file a complaint with the governor and have that person removed.

“The standard is very low,” she said.

Former Gov. Roy Barnes removed Oscar Stokes Jr. from the Griffin-Spalding County school board in January 2000 after Malihi found Stokes violated the state ethics code by sexually harassing three school employees.

Lewis said she was unclear on what ramifications the decision may have on Clayton’s chances of retaining accreditation.

“Even the administrative judge acknowledges the board of the last few months is a very different board,” she said. “Based on all the work that’s been done, we should maintain our accreditation. … We did everything they asked us to do.”

Wallace, who filed the complaint with three other attorneys and a retired Clayton math teacher, called the victory against the board members bittersweet.

“They just never got it,” he said.