February 8, 2002
[Note: On Friday, February 8, 2002 the Oshkosh Northwestern in an editorial called for Oshkosh Area School District Board of Education member Teresa Thiel to resign her seat. The paper argued that because Thiel's husband is a teacher in the district, she is prevented from voting on significant issues and thus should step down. Below are the relevant sections from the Wisconsin State Statutes and a 1997 Wisconsin Ethics Board opinion on which the Northwestern is apparently basing its view. While the Northwestern's interpretation might seem to make sense on the first reading, it seems to me that interpretations favoring Thiel's right to remain on the Board as an active voting member are also possible. In fact, the Northwestern is using the most narrow possible interpretation of the statutes; does anyone really believe that had Thiel voted on the proposals to cut close to a million dollars in school spending last Wednesday that such a vote would have had any material consequence for her husband? To suggest that it would is either a gross stretch of the facts or an attempt to take an easy shot at someone who is already unpopular with the editorial board.
I believe that Thiel erred at last Wednesday's meeting of the Board when, I would imagine on the advice of the Board's attorney, she elected not to vote on all issues related to budget cutting. My view is that the voters of this community were fully aware of Thiel's marital status when they elected her (I know I was fully aware), and thus expect her to vote on all matters except the actual teacher contract. She ought to vote on all other matters and then leave it to another member of the Board, the Northwestern, or some other entity to challenge her right to vote.
Feb. 9 Update: I have received several emails telling me that the Board did not in fact vote on the budget cuts last Wednesday. That meeting was a workshop session and the board members were only indicating what they did or did not support. Mrs. Thiel did not even participate in the discussion, however, because The Ethics Opinion says the board member should not discuss or vote on matters which are a conflict. My own opinion is that she should have participated in that discussion.
Thiel has requested an opinion from the Ethics Board on this issue and hopes to have an answer in time to vote on the budget cuts on Wed., Feb. 13.
I am indebted to Dan Rylance to referring me to the location of the Statutes and the Ethics Board opinions]. --Tony Palmeri
19.59 Codes of ethics for local government officials, employees and candidates.
19.59(1)(c)
(c) Except as otherwise provided in par. (d), no local public official may:
19.59(1)(c)1.
1. Take any official action substantially affecting a matter in which the official, a member of his or her immediate family, or an organization with which the official is associated has a substantial financial interest.
19.59(1)(c)2.
2. Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the official, one or more members of the official's immediate family either separately or together, or an organization with which the official is associated.
19.59(1)(d)
Unofficial text from Wis Stats. database. See printed Statutes and Wis. Acts for official text under s. 35.18(2) stats. Report errors to the Revisor of Statutes at (608) 266-2011, FAX 264-6978, email bruce.munson@legis.state.wi.us
1997 Wis Eth Bd 6
Local Code — Disqualification
A school board member whose spouse is employed as a teacher by the school district:
(1) Should not participate in negotiations, discussions, or votes on the teachers’ contract;
(2) May vote on the district’s budget if the school board has already entered into a contract that establishes teachers’ salaries and benefits for the period covered by the budget but may not vote on the budget if the budget will substantially affect teacher salaries or benefits;
(3) Should not participate in negotiations, discussions, or votes on the terms of another union’s contract if it will affect the terms of the teachers’ contract in other than an inconsequential manner;
(4) May participate in a disciplinary or similar matter affecting another teacher if the action does not result in a school board member’s spouse obtaining a substantial benefit or anything of substantial value from such decision;
(5) May participate in decisions affecting class size, teaching hours, other general school district policy decisions if the effect on the school board member’s spouse does not differ materially from the effect on other teachers.
A school board member who is covered by the school district’s health benefits plan not participate in consideration of the terms of that plan or the award of the district’s health benefits contract.
Prepared by the Wisconsin Ethics Board. 44 E. Mifflin St., Suite 601, Madison, WI 53703-2800 (608) 266-8123. August 1997, rev. 12/97 Eth 307
Northwestern Editorial: Thiel Should Resign From School Board
February 8, 2002
Oshkosh school board member Teresa Thiel should resign.
While Thiel obviously is committed to education and is to be commended for her desire to serve the community, it painfully is clear that she has become a part-time board member at a time when the school district faces a series of critical issues.
Thiel's spouse is an Oshkosh teacher. Under state ethics board rules, she cannot vote on next year's budget until that year's teacher contracts are signed. At present, the budget isn't approved and teacher contracts won't be signed for several weeks.
Effectively, Thiel lacks any influence or input in reducing a $950,000 budget deficit, especially with 3-3 splits Wednesday over what to cut.
We raised concerns before the election about her ability to serve in the face of obvious conflicts of interest. That concern has been born out.
Thiel's inability to be a full-time board member deprives it from someone who can give 100 percent commitment. It doesn't take an ethics board to see that. She should resign her post.
Wisconsin Statutes 17.26 Vacancies in school boards; how filled. Except as provided in s. 9.10, vacancies in a school board shall be filled as follows:
17.26(1)
(1) In a common, union high or unified school district, by appointment by the remaining members. Each appointee shall hold office until a successor is elected and takes office under s. 120.06 (4) or 120.42 (2). When a vacancy occurs in the office of a board member who is in the last year of his or her term, or when a vacancy occurs after the spring election but on or before the last Tuesday in November in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the next spring election. When a vacancy occurs after the last Tuesday in November and on or before the date of the next spring election in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the 2nd following spring election.
17.26(2)
(2) In a 1st class city school district, by special election as provided under s. 119.08 (4).
17.26(3)
(3) Any person selected under sub. (1), upon being notified of his or her selection, shall be deemed to have accepted the selection unless within 5 days after notification he or she files with the clerk or director a written refusal to serve.
17.26(4)
(4) In boards where the first annual meeting of the district has failed to elect school board members, by appointment by the state superintendent of public instruction.
February 13, 2002 Tony J. Renning Davis & Kuelthau, S.C. 219 Washington Avenue P.O. Box 1278 Oshkosh, WI 54903-1278
Dear Mr. Renning:
This is in response to your letter of yesterday's date on behalf of the Oshkosh Area School District Board of Education. You ask whether a member of the board of education may, consistent with §§19.59 and 946.13, Wisconsin Statutes, participate in discussions and decisions concerning proposed budget reductions in the school district. The member's spouse is a teacher in the school district and a member of the local teacher bargaining unit. The board of education and the bargaining unit currently are negotiating a new contract.
Because I understand that you would like some guidance before a meeting scheduled for tonight, I am sending you my initial thoughts on this matter. This is not an opinion of the Ethics Board.
In a prior opinion, a copy of which you have received, the Ethics Board stated that a member of a school board whose spouse is a teacher may, consistent with 19.59, Wisconsin Statutes, participate in budget decisions unless decisions on the budget set parameters for collective bargaining. 1997 Wis Eth Bd 6, 10-11.
My understanding is that the board of education is scheduled to consider only reductions in programs and staffing. You have specifically stated that I should assume that the proposed reductions will not directly affect the board member's spouse or teacher salaries or benefits. Of course, I am not in a position to know whether that is so.
To the extent that the issues before the board center on program and staff reductions that do not affect the board member's spouse, I do not believe §19.59 will be an obstacle to the board member's participation in budget reduction decisions.
In contract, should budget reduction talks begin to include consideration of limiting future teacher pay or benefit increases or include discussion of trade-offs between program cuts and reducing money available for salaries and benefits, then, in my view, the board member should not continue to participate in those talks.
I cannot advise you with respect to application of §946.13, Wisconsin Statutes.
Sincerely,
Jonathan Becker
Legal Counsel