Judge bars teacher from serving on school board

Monday, Jan. 1, 2001 | 10:16 a.m.

Citing state law, Douglas District Judge Michael Gibbons ruled Friday that Nevada teachers are not allowed to sit on a school board in the same district where they work.

"It would make you a boss of your boss," the judge told Green. "You can't serve two masters."

Gibbons said the only way Green could join the school board was by leaving his job.

Green, who has been a teacher and coach in the district for 34 years, said that option is unlikely.

He said he also probably would not appeal Gibbons' ruling to the Nevada Supreme Court. He has 30 days to reach a decision.

"I could reconsider, but my gut instinct is not to drag this out to the point where it becomes a giant disadvantage to the school district," Green said.

In November, Green defeated incumbent John Raker by a 2-to-1 margin to capture the Area 4 seat.

But the school district then filed a lawsuit against Green seeking to prevent him from being sworn into office on Jan. 1.

District Attorney Scott Doyle sided with the district, saying its position was bolstered by many similar court cases in other states.

School district lawyer C. Robert Cox said Gibbons' decision reaffirmed current state law.

"The only way that would be modified is in the state Legislature," he said.

Green is the third teacher in Nevada to be elected to a county school board.

In the two prior cases, the teachers never took office. Green's case is the first to reach district court.

Green cited a Nevada attorney general opinion that allowed University of Nevada, Reno professor Howard Rosenberg to serve on the Nevada Board of Regents.

But the school district has said that laws governing the university system don't apply to county school boards.