Judge to decide if 7 DPS at-large members should be removed

Judge to decide if 7 DPS at-large members should be removed

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Board members Herman Davis, left, and Juvette Hawkins-Williams at a hearing of Judge John Gillis Jr. on Thursday in Wayne Circuit Court. (David Coates / The Detroit News)

Detroit — A judge said Thursday he will issue a decision by mail on whether seven members of the Detroit school board are holding office illegally and should be removed.

Wayne County Circuit Judge John Gillis Jr. heard arguments Wednesday by Assistant Attorney General Michael Murphy that seven of the 11 board members were elected by district, not at-large, as state law requires when a Michigan school district has fewer than 100,000 full-time students.

Murphy said the Attorney General Office's issued an opinion in 2009 that Detroit Public Schools was no longer a first-class school district after its population slipped below that threshold.

"We knew a new election would be held in 2011 and the board had the opportunity to make changes," Murphy said.

The state sued the board members in August, eight months after the election. It was the same day Public Act 4, the state's controversial emergency manager law, was suspended pending a November vote to repeal it.

If the judge removes the seven board members, Murphy said Wayne RESA — a regional agency that provides services to Wayne County school districts — could appoint new members so the board can still operate.

Board attorney George Washington said it was no secret that the panel was electing some of its members by district in 2011.

The city and county clerks accepted the petitions and state election officials certified the election after it occurred, Washington said.

"The whole state knew the election was going on," he said. "They took no action until the emergency manager issue got on the ballot. They woke up."

The board has vehemently opposed the state's emergency manager laws and district's emergency financial manager, Roy Roberts.

Attorney General Bill Schuette wants Gillis to remove Tawanna Simpson, Elena Herrada, Annie Carter, Judy Summers, Herman Davis, Wanda Redmond and Juvette Hawkins-Williams.

He also is asking Gillis for a preliminary injunction against the other four members — elected at large — to prevent them from taking action as a board.

After voters repealed Public Act 4, Gov. Rick Snyder signed a replacement bill Dec. 27; it takes effect March 27.

From The Detroit News: http://www.detroitnews.com/article/20130111/SCHOOLS/301110358#ixzz2HiSE5AFO