School board members disagree over ethics of union contributions

Jul. 29—The two Frederick County Board of Education members running for reelection this year disagree over whether accepting advertising support from school employee unions is a conflict of interest.

Liz Barrett has criticized fellow incumbent Karen Yoho — one of the four candidates endorsed by the three unions representing Frederick County Public Schools teachers, staff and administrators — for accepting some of the contributions while the bodies were in contract negotiations.

Barrett did not seek the unions' endorsement this year. She applied for it, but did not receive it, in 2018.

Yoho's place on the "apple ballot" has earned her about $2,000 worth of in-kind contributions from the Maryland State Education Association's Fund For Children And Public Education PAC, according to the most recent available campaign finance reports.

MSEA is the parent organization of the Frederick County Teachers Association. Its PAC uses funds donated by teachers and their immediate family members to help elect "pro-public education candidates" across the state.

The PAC's contributions to Yoho took the form of direct-mail materials, publicity cards and other advertisements.

Just under $60 of the MSEA PAC's contributions to Yoho came before the FCTA, the Frederick County Association of School Support Employees and the Frederick County Administrative and Supervisory Association reached tentative agreements with the board on June 1.

An additional $900 came between then and June 8, when the board voted unanimously to ratify its contracts with the unions.

The remaining funds came after the negotiations process.

Barrett told the News-Post on Thursday that she filed a complaint about Yoho with the board's ethics panel, citing Board Policy 109.3, which deals with conflicts of interest. She said it was unethical for Yoho to receive contributions from the same union the board was negotiating with.

"The line is not blurry," Barrett said. "It's very obvious. If it doesn't pass the smell test, it's wrong."

Yoho declined to speak on the matter Thursday, saying she was "in the process of obtaining legal assistance."

Board members can consult legal counsel for ethics panel hearings.

"I'm frustrated," Yoho said in a brief phone conversation Thursday.

FCTA President Missy Dirks said she did not see the situation as a conflict of interest. The union negotiates with a team of lawyers representing the board, not board members themselves, Dirks said, though board members may sit in on bargaining sessions.

"We do not have any sidebar negotiations with any individual board member," Dirks said. "Ever."

The union always announces its picks before negotiations are finished, Dirks said, because of the timing of primary elections.

This year, the FCTA also endorsed school board President Brad Young in his bid for an at-large Frederick County Council seat. Young has received $422 worth of in-kind contributions from the MSEA PAC this election cycle.

"Singling Karen out is a little confusing and seems to be disingenuous to me," Dirks said. "It seems to be a politically motivated move."

Young said he didn't see anything wrong with a sitting board member applying for the union's endorsement — a process that involves filling out a survey and sitting for an interview.

Young has received the union endorsement twice during his time on the board. Once, he applied, but was not chosen.

"I've never, ever, in 12 years, had the union call to try and influence my position on any issue," Young said.

Yoho, along with Ysela Bravo, Rae Gallagher and Dean Rose — the other three candidates endorsed by the unions this year — have received a combined total of about $8,200 worth of MSEA in-kind donations this election cycle.

The FCTA did not endorse any candidates in 2020, when, Dirks said, members were focused on responding to the pandemic. The union also didn't feel the need to make endorsements, she said.

In 2018, the MSEA PAC contributed $2,000 to the Frederick County school board race — $500 to each of its four endorsed candidates — right around Primary Election Day.

Barrett said this year was different because the union endorsement led to campaign contributions that benefited candidates during negotiations, not after.

She took issue with Dirks' argument that nothing was different this year from years past.

"Typical or not typical — if it's typical, it's always been wrong," Barrett said. "Just because Missy wants to say 'This is how it's been done.' doesn't mean it's right."

Barrett said Thursday that when she sought the union endorsement in 2018, she didn't think it would lead to thousands of dollars in financial support.

She said the ethics policy would have precluded her from accepting such funds had she been offered them.

"If I lose this election because I had the integrity not to have a conflict of interest with our ethics policy," she said, "that's fine."

Follow Jillian Atelsek on Twitter: @jillian_atelsek