No violation for serving commission and school board

Berrien County Commissioner Jim Curran did not violate the state’s Incompatible Public Offices Act by serving as both a county commissioner and member of the Brandywine School Board, according to a memorandum released Friday by county attorney Donna Howard.

The issue came up when Commissioner Candidate David Yardley asked the county prosecutor to investigate Curran and Commissioner Debra Panozzo for possible incompatibility of offices violations, according to the memo.

Panozzo represents the county’s 7th District and is a contracted consultant of the Southwest Michigan Planning Commission.

In the memorandum, Howard wrote that she does not believe Curran or Panozzo are holding incompatible offices.

Howard said people could hold multiple public offices as long as no conflict of interest occurs.

Curran said there has been no conflict of interest in the two years he has been serving on both boards.

After he was elected in 2012, Curran said he was not opposed to stepping down from the school board if a situation came up making the offices incompatible. He also indicated that he would like to fulfill his term on the school board if possible in respect to the people that elected him. At that time, Howard advised Curran that he could remain in both positions as long as nothing arose that would make the offices incompatible, according to the memo.

Curran will resign from the school board effective July 31 — the date his term was set to expire when he was elected.

Curran said his decision to resign was not prompted by the investigation and that he had always planned to do so on that date.

Curran’s opponent in the August Primary, Rick Briand, described Curran’s holding two offices as an ethical conflict.

“I would like to know how he can honestly claim to have adequately fulfilled all the functions required of him while he has served in both positions,” wrote Briand in a letter he said he read during the open comment portion of Thursday’s meeting of the county commissioners.

Curran questioned the timing of Yardley’s request for an investigation. He said he believes Yardley and other political candidates are launching a smear campaign prior to the election.

“I think that is exactly why they are doing it. They are just trying to smear me,” Curran said.

Yardley is running for the county’s 5th District seat, while Curran represents the county’s 11th District. Both are in contested races in the August Primary.

Multiple attempts to reach Yardley Friday by phone and email were unreturned.