SAN JOSE — Darcie Green, appointed to the Santa Clara County Board of Education only five months ago, resigned her seat Tuesday after uncertainties about her eligibility surfaced based on where she lives.
But Green said she plans to run or reapply for her seat, after she moves. Legal opinions differed over whether the county school board properly defined the boundaries of the East San Jose area known as Trustee Area 6, which Green was appointed to represent in October.
Green said she didn’t want questions over the legality of her service to distract the county school board and cost the county office of education.
“It’s a bummer,” she said, but “I feel it’s the right thing to do.”
School board President Grace Mah called Green’s resignation regrettable. But “her service has been great,” Mah said, “and we look forward to future chances to work together.”
In a letter sent to fellow board members Tuesday afternoon, Green wrote about the controversy, “I want to help resolve this issue quickly and with the least impact to the County Office of Education,” its work, and county residents and students.
The board is scheduled to decide Wednesday how to fill Green’s seat, by appointment or election. In January, the county registrar of voters estimated that a special election could cost anywhere from $617,500 to $1 million.
Green, 31, was appointed to replace Craig Mann on the seven-member board. The trustee areas were redistricted last year, before Mann resigned. When advertising to fill his seat, the Santa Clara County Office of Education relied on advice from its law firm, Lozano Smith, and sought candidates living in the new Trustee Area 6, which now encompasses areas served by the Alum Rock, Mount Pleasant and Franklin-McKinley school districts and a small portion of San Jose Unified. Green, a former Alum Rock School District trustee and Alum Rock resident, applied and was selected.
But in January, after two unidentified people filed complaints, Santa Clara County District Attorney Jeff Rosen issued a letter stating that the county board of education used the wrong boundary map when seeking candidates, and should have used the old Trustee Area 6 boundaries. He declared Green’s appointment null and void, and advised county schools Superintendent Xavier De La Torre to call an election to fill the seat.
The county school board has discussed that advice in closed sessions and has not revealed any decision. Nor had it taken any action on Green’s status or seat.
Green, in the meantime, abstained from voting in the first meeting, Jan. 23, after Rosen’s letter came out, but since has voted on other matters.
Rosen’s letter advised the county office of education that if it didn’t act, the state attorney general or a private party could sue to remove Green and order an election.
Green said Tuesday that she hopes to move soon to a neighborhood that would make her eligible, without question, to serve however the county school board decides to fill her seat.
“I would like to be eligible for that pool,” she said.
Contact Sharon Noguchi at 408-271-3775. Follow her at Twitter.com/NoguchiOnK12.
SAnta Clara County School Board
Trustee Area 6 changes
Before February 2012 redistricting: Areas served by the Evergreen, Franklin-McKinley and Oak Grove school districts.
After 2012 redistricting: Areas served by the Alum Rock, Mount Pleasant and Franklin-McKinley school districts and a small portion of San Jose Unified
