Longtime Selectman Powers Resigns From Board

Longtime Danvers Selectman Michael Powers has resigned as an elected official in order to continue his full-time teaching job in special education at Danvers High School.

Powers, 58 and on his fourth term on the board, informed the local press of his resignation over the weekend. Selectmen Chairman Bill Clark said Powers had resigned earlier in the week.

"I appreciate the support of you and the majority of the board members. I apologize for the suddenness of my resignation but I have no choice in this matter," Powers wrote in a letter to Clark and Town Clerk Joe Collins.

Powers has held both positions for the past two years after selectmen granted him exemptions under state ethics law, but he only recently learned there are certain restrictions on the number of hours he can be paid for in the exempted position (as a teacher).

Town Counsel notified him April 1 that limit is 500 hours per calendar year, which obviously conflicts with his job as a teacher. He then had 30 days to resolve the conflict and did so by resigning from the board.

"It's disappointing. It's not the way I wanted to go, but it is the law," said Powers, who had one year left to his fourth term on the board.

According to Town Counsel, this particular restriction was just overlooked last fall when selectmen voted on an exemption for Powers and only discovered recently.

"There’s no reason for me to drag it out for 30 days. I think this is the best time to do it, get it out of the way and not cause a distraction or confusion [leading up to the election and Town Meeting]," Powers said.

"It was a big shocker to me," said Clark, given the fact that Powers' situation appeared to have been cleared last fall.

Then again, Clark noted, the first time he ran for office 40 years ago before retiring as a high school teacher, he was told he couldn't serve in both capacities at once.

Clark praised Powers for bringing great "institutional knowledge" to the board's deliberations and said Powers is someone he's long-respected.

That empty seat now may turn out to be a consolation prize to whomever loses in a three-way race for two selectmen seats in the Town Election.

The deadline has passed to have the seat appear on the ballot and candidates file nominations, but the selectmen do have the ability to make an interim appointment until the next Town Election.

Clark said his plan at this point is to nominate whoever loses the election between incumbents Keith Lucy and Dan Bennett and challenger David Mills on May 7.

He said the three have obvious interest in serving the town, but if there are other interested candidates, they can send their resumes to the Town Clerk's office. Either way, three votes will be needed for consensus on that appointment.

Clark said the last time a Selectman resigned was about 40 years ago and the board then could not reach a consensus, leaving the seat empty until the next election. He'd rather not repeat history.

Powers said he still doesn't believe the dual roles present a true conflict, since he abstained from discussing school budget items dealing with salaries and employment of school personnel, as advised by counsel, but the law is the law.

He also forfeited his yearly $3,000 stipend as a Selectman while receiving a $48,000 salary as a teacher.

"I don’t worry about things I can’t control too much," he said.

State ethics law prohibits municipal employees from participating in matters where they have a financial interest without first making full disclosure, and until several years ago, also prohibited a person from being an employee and elected official in the same town.

But the law was changed and exemptions were allowed, which in this case was left to the discretion of the board.

Lucy cast the lone vote against allowing an exemption both times it came up for a vote the past two years, citing a desire to avoid any possible conflict of interest.

Powers said he had hoped to at least finish his term and then invest all his energy into teaching, which is a long-term career move for him. The "silver lining" of his abrupt departure now is that he'll have time to finish his teaching degree.

Powers said he's about three-quarters through a special education program at Salem State University, and it was actually proving difficult to take courses because his nights were often busy with meetings.

Any disappointment aside, Powers said, he's been able to see some major projects through, such as the water plant, and this year's budget and warrant articles are on their way to Town Meeting.