Does Fayette County Board of Education member Greg Powers have the right to continue to serve on the school board?

That’s the question Republican candidate for school board Frank Oakley put before the school system’s leaders at their regular meeting Monday night.

“What are the qualifications for serving? How can a person remain on the board after a judge has ruled that he is disqualified from running in the race?” Oakley asked.

Oakley was referring to a recent judicial decision that disqualified Powers from running because he no longer lives in the district. Powers maintains he has not changed his domicile and is appealing Judge Tommy Hankinson’s decision.

“Do you want to handle this one?” said board Chairman Terri Smith, as she looked at Powers.

Powers shook his head, “No,” and Superintendent of Education John DeCotis addressed the situation.

“Our legal council is looking at it, and we hope to have an answer soon,” DeCotis said.

DeCotis said once an answer is reached, he would forward the information on to Oakley.

Oakley is facing former Assistant Superintendent Bob Todd for Powers’ Post 4 position on the board.

Powers signed up to run again for his seat, but was disqualified first by the Fayette County Board of Elections, a ruling that was upheld by Judge Hankinson.

In a letter to The Citizen, Elections Board member Richard Hobbs said that the school board had been notified that Powers’ post was officially vacant.

“We have officially notified the Board of Education of our decision that he is not an elector in the post in which he was elected and therefore his seat is deemed to be vacated,” Hobbs wrote. “However, that is the extent to which this board will likely act on that matter. Whether the Board of Education allows him to continue to serve is outside of our authority.”