Tom Tolen / news@whmi.com

It's the elephant in the room. A matter that had been swept under the rug and lay dormant for a very long time is again being debated by the Brighton Board of Education.

At issue is that the Brighton Education Association, which represents about 325 Brighton Area Schools teachers, conducts its meetings — as well as other union business — in a classroom at Brighton High School. Brighton Area Schools officials acknowledge that this has been the norm for roughly 40 years, even though its legality has been a subject of scrutiny. Significantly, it’s part of the collective bargaining agreement between the district and the teachers’ union.

The matter was brought up at the regular board meeting Monday night by Board Treasurer John Conely, who was chosen by his peers for that position just two weeks ago, on a close, 4-3 vote. He said teachers use the room not just for meetings, but also for other questionable activities, all while using district facilities such as the district’s servers, e-mail and various types of equipment, and do not have to pay for heat or lights for its use of the room. Conely said his position is that, as a private, non-profit organization, "they don’t belong in the school.”

He told the board that within the last two weeks he and a fellow trustee had attempted to enter the room that serves as the BEA’s headquarters and were “blocked” by BEA President Barry Goode. Conely contends that Goode stated he had the backing of Superintendent Outlaw in not allowing him to enter the room. However, he says he doesn’t blame the superintendent. “I’m not upset with the superintendent because he believes that’s what he should do, and that’s what he thinks is right.”

When contacted Tuesday by WHMI, Superintendent Matthew Outlaw acknowledged that, in his words, “It’s quite unique to have an exclusive-use office for a union within a school district.” But Outlaw said he is obligated to abide by the terms of the teachers’ contract, saying, again in his words, "The district is committed to honoring its contractual obligations.”

Conely also contends tha just a few people have keys to the room, and that access does not include administration, which he says is not right. Conely also alleged that a BEA employee who has access to the room has a badge identifying that person as a district employee, which he asserted is not the case. Conely told WHMI that the particular individual “doesn’t work for the Brighton Area Schools and didn’t have a security background check.”

Outlaw responded by telling WHMI that, quote, “All employees that are required to have background checks have done so,” adding that, "all but one BEA official is an employee of the Brighton Area Schools.”

Outlaw provided WHMI with a copy of the current contract language which states, in part, “The Association and its members shall be allowed, upon request, to use school building facilities for meeting during the hours that the buildings are covered by custodial staff. Association personnel shall have the right to use school facilities, technology, and equipment, at reasonable times such equipment is not otherwise in use. The Association shall supply at the Associations expense, all materials needed to conduct Association business….The Association may use the district mail service and employee mailboxes for communication to employees.”

Conely says he has conducted his own informal survey, and can’t find any other school district — either in or out of Livingston County - that allows its teachers’ union to use a room in a district building, which is a public facility paid for by taxpayers, for its meetings.

After the closed door meeting, the board adjourned without comment. Conely says he will bring up the matter at the board’s next meeting and intends to see it through until there is a resolution.

Through all the upheaval caused by the issue, Conely hopes to resolve the matter. He says he wants the BEA "to rent their own office somewhere; they have no business in that building." He says, in his words,”I support their desire to meet and share information, but we (as a district) can’t fund their operation.”

The thorny question of whether the BEA can have an office in a Brighton school building, paid for by taxpayers, and conduct business there is not a new one. The Thrun Law Firm in October of 2018 told former Superintendent Greg Gray that it was legal for the Brighton Education Association to have an office in a public school facility, use the school district’s e-mail account and hold meetings there. The Thrun firm represents the Brighton Area Schools and the majority of Michigan school districts in legal matters.

WHMI attempted to reach BEA President Barry Goode for comment on Conely’s remarks but he has yet to respond.