PHOENIX — The state’s school chief is not going to get any immediate legal relief in her bid to take control of employees of the state Board of Education.
Without comment the Court of Appeals on Tuesday rejected a request by Diane Douglas to immediately intercede in the dispute. That leaves in place for the time being last month’s ruling by Maricopa County Superior Court Judge Patricia Starr dismissing Douglas’ complaint.
Steve Tully, Douglas’ attorney, said that does not end the case. But it means that his client has to follow the normal appellate process, something that could take months.
What it also means is there’s no way Douglas can get a ruling before next week when the board is poised to direct Christine Thompson, its executive director, to fill two staff vacancies. More to the point, the board will tell Thompson to do it without first getting Douglas’ approval.
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The legal spat stems from what appear to be conflicting provisions of state law.
One provision says that Douglas, as state superintendent of public instruction, “shall direct the work of all employees of the board.” It also makes them employees of the Department of Education, which Douglas heads, and empowers her to direct the “executive, administrative of ministerial functions” of the board.
But the statutes also say it is up to the board, whose members with the exception of Douglas are appointed by the governor, to employ its own staffers and determine their duty.
Tully, however, counters that hiring is supposed to be done “on the recommendation of the superintendent of public instruction.” And Douglas, in a letter to the board, said she stands ready to make such recommendations.
