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BoE’s Smith charges ‘slander’Tue, 09/16/2008 - 4:31pm
By: Ben Nelms
Smith, Smola line up against write-in candidate File on system’s school buses used for Great Georgia Airshow Things are heating up between Fayette School Board Post 1 write-in candidate Nicole File and Post 1 board member Janet Smola. The heat began Monday with an email from File to Smola over the use of school buses for the Great Georgia Airshow, continued with responses from Smola and board Chairman Terri Smith and ended, for the time being, with remarks at the Monday school board meeting by File and former Peachtree City Mayor Steve Brown. File’s position on the buses came on the night the board approved the leasing of school buses for the upcoming air show. File, in an email Monday, suggested that the board’s permitted use of school buses for the Great Georgia Airshow was not a use permitted by law. Both Smola and Smith disagreed in emails of their own. In her email to Smola, File said, “I’m exceedingly fearful that the board will commit an illegal act by approving the use of taxpayer funded school buses for purposes not permitted by state law.” File maintained that Georgia law does not allow school buses to be used for purposes such as the airshow, also noting Smola’s paid affiliation with the airshow. “As I have been building positions for my write-in candidacy, I was horrified to find state law prohibits the use of school buses for any use other than providing transportation for students with the exception of, under specific circumstances, the elderly, persons with disabilities and 4-H activities,” File said. “My original concern on this issue dealt with researching a conflict of interest with a member of your board serving as a paid employee of the air show. Obviously, there should not be any members of the board doing business with or bringing forth agreements on behalf of an outside employer.” It took less than two hours for Smola to register a response. In an email to File, Smola referenced an October 1995 opinion issued by Asst. Attorney General William Droze on the use of school buses during the Olympics. In essence, Droze said the lease of buses by community organizations or private recreational organizations is permitted. “It’s always a shame when one doesn’t research their facts before casting aspersions. You will find the (Droze) ruling most helpful,” Smola fired back. “The Great Georgia Airshow will, and always has, paid all associated expenses for the use of school buses to the FCBOE. These include mileage charges, wear and tear charges, bus driver fees, and insurance fees. Each year the air show receives a substantial bill for these fees and has always paid them. The use of these buses to support this important community event, which by the way supported more than 16 school system organizations last year alone, began long before I ever became a contracted marketing consultant for the show and long before I ever became a school board member. I have never presented this request, nor have I ever voted on it.” “It is apparent that your attempt to discredit this school system and my personal reputation are not only misguided but reprehensible and by your own admission politically motivated,” Smola continued.” I hope you find (the Droze opinion) informative and consider retracting your accusations.” In what quickly escalated to a local war of words, Smith weighed in with her opinion in an email to File. “I have read O.C.G.A. 20-2-1074, the code section to which you refer, and O.C.G.A. 20-2-411 which is referenced in the first section,” Smith said. “I can’t find any language that suggests that other uses are prohibited as long as they aren’t funded by taxpayer dollars. Taxpayer dollars are not used to provide services to the air show. We have voted on it every year that I can remember. Also, as an employee of the air show, Mrs. Smola has abstained on all votes regarding this use of school buses. Please be diligent in your research regarding the school system. False accusations of system employees and Board members aren’t in the best interest of the school system. Furthermore, by associating these accusations with Mrs. Smola’s employer, you may be treading in an area that could jeopardize her job. I’m no lawyer, but I’d consult with one if I were you before I slandered her and caused her to lose her job.” All was quiet until the board meeting later Monday. File and Former Peachtree City Mayor Steve Brown were two from the audience to speak during the public comments portion of the meeting. File reiterated her position on the use of school buses at the air show, citing Georgia Code 20-2-1074 and an Attorney General’s opinion 85-34 stating that a local school board may not allow community or private recreational organizations to use a school bus for purposes other than transporting students even if the group pays all the expenses. The exception, File said, was the transport of the elderly, 4-H or handicapped and only if the cost is fully reimbursed. “Our Board of Education doesn’t need to be violating our state law and they shouldn’t do so tonight,” File said. “I believe this could be a situation where personal interests are getting in the way of the ethical and legal operations of our school system.” Steve Brown in his comments said he agreed with File’s position, adding that he had always had concerns about Smola having a paid job at the air show and being on the school board. Brown said Terri Smith’s email to File seemed threatening. Brown also weighed in on the use of email accounts other than the school system account for conducting board business and on the school system’s price of $2,000 to comply with a resident’s recent Open Records request. The war of words continued with Smola saying she has and uses a school system email address. Brown after the meeting disagreed. The board minutes later approved the use of buses for the Great Georgia Airshow, with school system attorney Phil Hartley citing Georgia law that permitted “students and others” to be transported as long as those costs were reimbursed. “I think the air show qualifies as education and/or recreation,” Hartley said. The discussion continued for several minutes, ending with an administrative approval of the air show request. It was noted that the approval method for the past three years had been administrative approval rather than the board vote that had been the custom for the previous seven years. login to post comments
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