Union Leader Helps Lead Fight to Fire School Committee Law Firm That Warned of Ethics Issue
Saturday, December 01, 2018
National Education Association leader and South Kingstown School Committee member Sarah Markey voted to terminate the legal counsel who had warned that her position with the labor union would cause her to recuse herself most matters before the committee.
On Friday night, the South Kingstown School Committee voted 5-2 to terminate any new work with the firm of Whelan, Corrente, Flanders, Kinder, and Siket, of which partner Sara Rapport had provided a legal opinion to South Kingston town solicitor in 2017 that Markey would be unable to vote on many, if not most matters before the committee. Markey has not sought an advisory opinion from the Rhode Island Ethics Commission.
The committee in its vote retained the counsel of Henneous, Carroll, Lombardo as interim counsel, and will “vet new counsel” with an anticipated start date in January.
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The Friday night meeting was scheduled after the matter had been tabled earlier in the week at the school committee meeting on Tuesday and the two dissenting committee members — Michelle Brousseau and Kate McMahon Macinanti — took issue with the timing.
“I don’t understand the rush on this,” said Russo. “In my opinion, this meeting was called tonight in a hasty and disrespectful manner. I was never asked if I was available. I don’t know how the [board chair] knew she had a quorum….if the majority of the committee wants to change why can’t do it in a transparent manner. If it’s about [being less expensive] let’s put it in a budget discussion where it belongs.”
Macinanti spoke to the scheduling of the Friday night meeting as well.
“We only got the documents [about the firms] after 4 pm…in my opinion we haven’t had sufficient time to review both parties,” said Macinanti. “I’ve never had any negative interaction with Rapport, I don’t know of any negative feedback — what I do know is they’re known as one of the most successful negotiators in the state. I cannot in good conscience terminate their services without proper vetting.”
Other committee members, however, said they had issue with the representation of the firm of Whelan, Corrente, Flanders, Kinder, and Skillet — and Rapport.
Committee member Alycia Collins spoke to Rapport’s “style,” and said Rapport “spoke condescendingly and with contempt” towards teachers - and that the recent issues raised concerning Markey were from people “disappointed” with the election results.
“This is part of the bigger problem. People are politicizing an issue that’s not political,” said Markey during the discussion.
Ethics in Question
The Rhode Island Code of Ethics in Government states:
(a) No person subject to this Code of Ethics shall have any interest, financial or otherwise, direct or indirect, or engage in any business, employment, transaction or professional activity, or incur any obligation of any nature, which is in substantial conflict with the proper discharge of his or her duties or employment in the public interest and of his or her responsibilities as prescribed in the laws of this state, as defined in section 36-14-7.
Markey, who makes over $160,000 a year as an organizational specialist with the NEA, has not sought a legal opinion.
South Kingstown Town Council member Bryan Da Cruz had raised the issue about Markey’s potential for conflict.
READ: Councilman Questions Impartiality of NEA-Employed School Committee Member
“She'll say that I, or whomever, don't like the fact that she was able to run and help get their bottom four candidates elected," said Da Cruz. "I understand that the voters spoke. But if you’re part of the NEA, and you’re able to keep that school open, that's a direct correlation to employment numbers and your job. Now there’s rumors about why don’t they close another school instead. Pre-election this was a hot topic, and post-election now even more so. The bottom line is we need to know, and the town deserves to know — what [Markey] can vote on and what she cannot vote on."
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