During the last week, the county’s two races for school board got a lot less crowded.
Late last week, Fayette Superior Court Judge Tommy Hankinson ruled that both incumbent board member Greg Powers and candidate Kay Seabolt were ineligible to run in two July 18 Republican primary races.
The ballot will now have Frank Oakley facing former board member Dr. Bob Todd in the Post 4 race. Powers had wanted to run as the incumbent in that race, but Hankinson’s ruled that Powers no longer lived in that district and was thus ineligible to run.
In Post 5, incumbent Lee Wright will be opposed by long-time school administrator Faith Hardnett. Seabolt had filed to run in that race.
Since neither race has a Democratic opponent, July’s winners will be on the school board in January 2007.
In his decision rendering Seabolt ineligible to run, Hankinson seems to indicate some frustration with the writing of the statute.
In the Official Code of GA 20-2-51 (c), the statute states that “no person employed by a local board of education shall be eligible to serve as a member of that board of education.”
Seabolt served as a substitute teacher this year, but when the school year ended in May, so did her employment. Hankinson addressed the issue head-on in his ruling.
“The question becomes whether the legislature intended to prohibit these school board employees from qualifying for election to their employer school board without giving them the opportunity to terminate their employment prior to taking office,” he wrote, and added, “as is sometimes the case, this appears to be a question of first impression to the appellate courts of this state for determination.”
Hankinson also wrote “... parties would not be before the Court if the legislature had used uniform terminology in these statutory provisions.”
Near the end of his decision, Hankinson’s struggle with coming to a decision is evident.
“This Court is quite candidly frustrated in trying to discern why the legislature used different language in these two statutes.”
After receiving the ruling, Seabolt was reflective on the decision.
“More than anything, I wanted a decision. I couldn’t plan anything. I’m just relieved.”
login to post comments
