Schmotzer's hiring by Baldwin-Whitehall 'apparently an illegal appointment,' Dept. of Education spokesman says
The appointment of former board member Martin Michael Schmotzer to a $120,000-a-year administrative position with Baldwin-Whitehall School District may violate Pennsylvania law, but the state Department of Education said Friday that it has no authority to do anything about it.
“It appears to be an illegal appointment of an individual,” department spokesman Tim Eller told the Tribune-Review.
The Public School Code says school board directors cannot be employed by their district “during the term for which he was elected or appointed.” The state interprets “during the term” to apply to all four years, even if directors have resigned, Eller said, meaning they can be hired only after their term has expired.
The Department of Education does not have authority to address a violation, Eller said. The code applies to school board directors, who are elected officials. But the code does provide a mechanism for at least 10 resident taxpayers to petition the Court of Common Pleas to remove one or more school board members who have failed or neglected to perform their duties outlined in the law.
Pennsylvania School Boards Association spokesman Steve Robinson wrote in an email that the organization interprets Section 324 as running with the term of the school director regardless of resignation. “However, school solicitors may have a different interpretation of the law as there are no appellate cases that we are aware of that interpret the statute.”
Eller said there are exceptions in the code to allow school directors to be hired as teachers, solicitors or secretaries to boards of directors.
At a special district meeting on Tuesday, Schmotzer resigned from the board of directors. The board voted to establish the position of supervisor of special projects for the board of directors and special assistant to the superintendent. Schmotzer was hired to the post in a 7-1 vote. Only Director Tracy Macek opposed, telling the Trib that her vote spoke for itself.
Two people were appointed to the board during the meeting before the Schmotzer vote — one to replace Schmotzer and one to replace Kevin Fischer, who resigned a week before the meeting because he was elected to a seat on Baldwin Borough Council. They were replaced on the board by Patricia Nixon and Elliot Rambo, a former legislative intern of Schmotzer's at the state House. Both joined the majority in making the new position and hiring Schmotzer.
The next day, the district sent a memo to all employees saying Schmotzer “assumed the role” of supervisor and special assistant, outlining his responsibilities as forming a strategic plan and working with department heads, among duties.
Schmotzer, a state representative for eight months, was a school board member for several years. He started his latest term in December 2012. He was re-elected in a general election this month and set to start a new four-year term on Dec. 1.
Because Schmotzer was elected to a new term, he would not be allowed to work for the district until Dec. 1, 2017, Eller said.
Schmotzer is not listed in the district's phone directory. Messages left for him, the superintendent, district Solicitor Bruce Dice and board President Larry Pantuso were not returned. This week, Dice told the Tribune-Review that Schmotzer's appointment was legal.
As of Thursday, Schmotzer's contract was not finalized.
Melissa Daniels is a staff writer for Trib Total Media. She can be reached at 412-380-8511 or email@example.com.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- Woman commits suicide in North Braddock police holding cell
- Pittsburgh poised to settle lawsuits from deadly flash flood in 2011
- Animal activists targeting Vick at Steelers preseason game
- Pittsburgh councilwoman introduces pair of bills to protect animals
- Risks don’t get any better as online dating prospers
- 2 Brentwood council members keep positions, council approves third resignation
- 3 from Allegheny County charged with Medicaid fraud
- Bettis lab, 4 others receive new name
- Newsmaker: John Malone
- Board members bring business attitude to nonprofit August Wilson
- Miles seeks new trial in 2010 beating by 3 Pittsburgh officers