Colonial school board member arrest illuminates policy gap

The recent arrest of a Colonial School District Board of Education member on felony sex charges has prompted legislators to consider ways to remove a school board member elected by the public.

Ronnie Williams, 41, who was elected to the Colonial school board in New Castle, was charged Sept. 27 with several felonies in connection with sexually assaulting three juveniles. Williams was committed to Howard Young Correctional Facility on $385,000 cash bail and $80,000 secured bail.

His arrest left school officials and an upstate legislator reviewing state law, which provides no provision or mechanism to remove a school board member.

“Under Delaware law, the Department of Elections governs who can run for public office. Therefore, as a matter of law, the Colonial School District has no say in the election process, the vetting of candidates who are elected by voters, or the consequences of being arrested,” said Colonial Superintendent D. Dusty Blakey in a statement. “Only the governor can remove an elected official from their position. As a matter of law, the accused board member is innocent until proven guilty, so we must let the judicial process take its course.”

Rep. Paul Baumbach, D-Newark, said there is no way to remove a school board member for any reason, unless the member resigns by choice.

“State legislators, judges and even the governor can be removed from office through an established process,” Baumbach said. “In the General Assembly, we have an ethics process that allows the chamber to censure or discipline members, in addition to removing them from office. These are not processes that should be taken lightly, but they exist as a way to ensure that someone who violates the public trust is held accountable.”

Baumbach said he drafted legislation in 2017 that would have given the Delaware State Board of Education the power to remove a sitting public school board member. The proposal would have established a hearing process for the state board to follow, he said, but he didn't file the bill after concerns were raised.

“The simple fact remains that school board members are a rarity in that they are elected to five-year terms, and there is no mechanism to discipline or remove for just cause, short of a felony conviction,” he said.

Baumbach said he intends to look at the issue and rework legislation that would allow removal of school board members.

In Cape Henlopen School District, Stephanie DeMalto, spokeswoman for the district, said the school board has an ethics policy that it follows. The policy calls for board members to avoid conflicts of interest and the appearance of impropriety. It also gives board members the right to publicly censure another member, by majority vote, for violation of any of its ethics guidelines.

However, the policy has no means to remove an elected school board member.