Tue, Nov 10 2009
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Published October 05, 2008 01:50 am - ASHTABULA — Responding to the Ohio attorney general’s opinion that holding two elected public offices concurrently constitutes a conflict of interest, City Solicitor Michael Franklin resigned Friday from the Ashtabula Area City School Board. City solicitor resigns from school board BOE members must vote on a replacement 10 to 30 days after Oct. 3 By SHELLEY TERRY - Staff Writer - sterry@starbeacon.com Star Beacon ASHTABULA — Responding to the Ohio attorney general’s opinion that holding two elected public offices concurrently constitutes a conflict of interest, City Solicitor Michael Franklin resigned Friday from the Ashtabula Area City School Board. The resignation is effective immediately.
“This is a difficult choice for me; my service on the Board of Education has been one of the most rewarding experiences of my life,” Franklin said. “I will continue to be an ardent supporter of our students, teachers, parents, administrators and staff.” A local attorney, Franklin was serving on the school board when he beat former city solicitor Thomas Simon, who was running for re-election, last November. He was sworn in as city solicitor Nov. 30, 2007. Meanwhile he kept his seat on the school board. This decision has stirred controversy in the community, as well as with City Council. At council’s request, Ashtabula County Prosecutor Thomas Sartini asked Ohio acting Attorney General Nancy H. Rogers about Franklin’s dual roles. On Thursday, the attorney general said, “These two positions are incompatible.” Ashtabula Area City Schools Superintendent Joseph Donatone said the school board will be charged with filling the vacancy by a majority of votes. That means three out of four remaining board members must agree on a new member. The vote must take place 10 to 30 days following the date the vacancy occurs (Oct. 3). The person appointed to the school board must be a qualified elector living in the district. If the board fails to fill Franklin’s seat, the Probate Court of Ashtabula County shall fill the vacancy, Donatone said. “I enjoyed working with Mr. Franklin,” Donatone said. “I always felt he had the best interest of the students in mind. I wish him well.” Ward 3 Councilwoman Ericka Severino said Franklin didn’t have to resign from the school board. She believes he should have resigned from his job as city solicitor. “He was ineligible to be city solicitor (on the day he took office) because he was already an elected official,” Severino said. “This resignation doesn’t make everything OK.” Franklin said his analysis of the attorney general’s decision is that it’s problematic for Ashtabula, as well as for other charter cities across the state. “The thrust of her opinion is that I cannot hold both the office of city solicitor and that of school board member because she believes the Revised Code requires the city solicitor to provide legal counsel to the school board,” Franklin said. “This is a 180-degree change in direction for that office.” Franklin said the Attorney General's Office’s opinion has been consistent for 50 years: A law director of a charter municipality does not have to represent the board of education unless the charter of that city says so. On Thursday, Rogers delivered the opinion that unless the charter prohibits it, the solicitor/law director provides the school board’s legal services. “I am of course somewhat surprised that 50 years of precedent would be set aside so casually,” Franklin said. “Moreover, I am concerned that the City of Ashtabula and many other charter cities are now suddenly required to underwrite the cost of legal representation of school districts across the state. This ruling would apply equally to Conneaut and Geneva, for example.” 
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