Sarah Markey: 19 to Watch in 2019
Monday, January 07, 2019
GoLocalProv News Team
South Kingstown School Board member Sarah Markey has been at the center of controversy since her election in November.
Markey, a top labor leader for the RI National Education Association, has drawn criticism by Democrats, Republicans and multiple municipal attorneys because nearly every vote she will take will have a direct or indirect impact on the members of the union that she represents.
Markey has challenged the criticism.
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“The legal opinion [which found there was a substantial conflict] was ordered by the past School Committee Chair, Roland Benjamin in order to keep me from being appointed. He ultimately lost the election and I won. Voters spoke,” said Markey.
“To your question, being an employee of a union does not bar someone from serving office. A candidate can not seek an advisory. An elected official can seek an advisory about a specific question,” added Markey.
“The opinion of Attorney [Sara] Rapport [then-counsel of the school committee] is that the Rhode Island Ethics Commission would most likely find that Ms. Markey would be required, as a matter of law, to recuse herself from all discussions and votes that in any way relate to NEARI and its members. I am in agreement with this conclusion, especially given the [Henry] Boeniger Advisory Opinion which is attached. Nonetheless, a ruling on this matter would have to come directly from the Ethics Commission as legal counsel cannot provide binding advice on behalf of the Ethics Commission,” wrote Michael A. Ursillo, Town Solicitor in South Kingstown in a memo to then-Town Administrator Steve Alfred in October of 2017.
Ursillo’s memo follows a legal opinion filed by the South Kingstown’s school committee’s attorney that stated:
We believe that the Rhode Island Ethics Commission ("Ethics Commission") would likely find that Ms. Markey would be required, as a matter of law, to recuse herself from all discussions and votes that in any way relate to NEARI and its members. This recusal mandate would apply to many if not most matters regularly before the Committee, including without limitation, those pertaining to the Committee's budget, collective bargaining, and the termination/non-renewal and discipline of Committee employees, the majority of whom are represented by NEAR!. Finally, recusal would also likely apply to matters involving curriculum, administrative staffing (personnel supervising NEAR! members), facilities reconfiguration, proposed state legislation, and the development and implementation of Committee policies pertaining to personnel assignment and evaluation.
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