The attorney for Arizona School Superintendent Diane Douglas is asking the Court of Appeals to do something a trial court would not do: rule that she controls the employees of the state Board of Education.
It’s a battle that began in March, when Douglas attempted to fire the board’s executive director and her assistant, only to be rebuffed by Governor Doug Ducey.
The board has since moved out of the Department of Education building and voted 8-1, with Douglas dissenting, to hire a new executive director. When Douglas sued, the trial court called it a political question saying it was not appropriate for judicial resolution.
Now, attorney Steve Tully is telling the appeals court state law is clear that board employees report to Douglas. “How is one to manage a staff without the power to discipline the staff, which includes firing?" Tully asked. "You see what happens. This is the perfect case. They had some employees that were openly insubordinate.”
Tully told the appeals court the board has no power to execute its own policies, with that power belonging to the school superintendent. No date has been set for an appellate hearing in the case.