SACO — After reviewing an opinion from Regional School Unit 23’s attorney regarding a possible conflict of interest, Roland “Ron” Michaud said he is still running for the RSU Board.

Michaud and his wife, Hilda, are both employed at Thornton Academy. He is the help desk coordinator, while his wife is head of the school’s special education department.

Thornton Academy is a private school, and the RSU, through a contract, pays annual tuition costs to the school so students in Saco and Dayton can attend its high school.

Michaud is currently the mayor of Saco, and is running for the RSU Board. In June, Michaud received an email from the office of then Superintendent of Schools Michael Lafortune stating that the law would not prevent him from running.

In August, present Superintendent of School Patrick Phillips began, at the request of the RSU Board, to explore the legality of a Thornton Academy employee serving on the board.

In September the RSU Board affirmed, unanimously, that the district’s policy dictates a Thornton Academy employee or spouse of a Thornton Academy employee cannot serve on the RSU Board.

Michaud said in an interview the day after the meeting he was going to defer to a legal opinion to determine whether or not he will continue to run for office.

A letter dated Sept. 13 from Elek Miller of law firm Drummond Woodsum states the conflict of interest statutes have not been updated to include the addition of Regional School Units, and “courts’ interpretation and application of common law incompatibility of office and conflict of interest principals remains somewhat murky.

“Given this uncertainty, the best source of clarity regarding these issues would be to have them decided by a court,” Miller’s letter states.

In his conclusion, Miller wrote that it is the firm’s opinion that membership on the RSU Board while employed by Thornton Academy does not present a statutory conflict.

Miller said that should the issue go before a court, a court would likely vote in favor of local policy, however, “such policies cannot change or supplant statutory law.”

Should a Thornton Academy employee serve on the board, they would have to disclose any personal or financial conflicts when the RSU Board considers making any decisions regarding Thornton, he stated. Miller also said the state legislature could address the lack of clarity in the law in its next session.

Michaud said, after reading the decision Friday morning, he will continue to run.

“I will leave it to the voters to make the final decision,” said Michaud.

RSU Board Member Gary Curtis said should Michaud serve on the school board, he would have to recuse himself from discussions in relation to Thornton Academy including sharing transportation, negotiations with Thornton, and secondary school issues.

“I have no animosity to Ron,” said Curtis. “My concern is, the people of Saco wouldn’t have a full-time representative.” 

Curtis said as well, the salary for Michaud’s wife, as head of special education, gets billed back directly to the RSU. Curtis said he believes Michaud would be more effective and be able to have more of a say as a resident participating in public sessions at RSU Board meetings.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, Ext. 325 or egotthelf@journaltribune.com.