Law Judge Upholds Decision to Remove Foote from Board of Ed

An Administrative Law Judge has upheld a decision to remove Wayne Foote from the Allegany County Board of Education. According to the decision filed by Administrative Law Judge Michael J. Wallace from the MD Office of Administrative Hearings Foote’s “repeated transgressions described above made it difficult for the Board to conduct its operations in a fair and orderly manner. A public official must be held to a high standard of professionalism and must carry out his or her duties with integrity and a high degree of trust. The Respondent’s failure to respect rules and laws protecting confidentiality and his refusal to comply with positions adopted by the Board with which he disagrees have undermined the ability of the County Board members to work with him and to rely on his ability to comply with the rules and duties of his position. The Respondent’s violation of Board rules, policies, and regulations, his disregard for confidentiality requirements, refusal to comply with positions adopted by the Board, and his acting without authority from the Board cannot continue without consequences.” According to the decision from Wallace he concludes that Foote’s “refusal to comply with Board rules and policies, his refusal to comply with positions adopted by the Board, and his insistence on acting without authority of the Board, including his disregard of confidentiality requirements, constitute a willful neglect of duty and have rendered the Respondent unfit to serve as a member of the County Board. I conclude that the Respondent’s inappropriate and unprofessional conduct and his repeated violations of the rules and duties of his position constitute misconduct in office. The County Board has also established that the Respondent’s misconduct also warrants upholding its request to remove the Respondent from his position as a member of the Allegany County Board of Education in accordance with section 3-201(g) of the Education Article. Although the Respondent was elected to his position, the statute relied upon by the County Board authorizes removal from office for misconduct in office even for elected Board members. Therefore, I recommend that the County Board’s request that the Respondent be removed as a member of the Allegany County Board of Education be upheld. Md. Code Ann., Educ. Based on the foregoing Findings of Fact and Discussion, I conclude, as a matter of law, that the County Board has established that the Respondent is responsible for repeated substantial incidents of misconduct in office and willful neglect of duty. I propose that the request by the County Board that the Respondent be removed as a member of the Allegany County Board of Education be upheld due to misconduct in office and willful neglect of duty. Md. Code Ann., Educ. §3-201(g) (2018). PROPOSED ORDER It is proposed that the request by the Allegany County Board of Education that the Respondent be removed as a member of the Allegany County Board of Education for misconduct in office and willful neglect of duty be UPHELD.” Foote has about two weeks to refute the decision which would then go to the MD Board of Education.