PHOENIX β€” Ignoring legal objections and a threatened lawsuit, the state Board of Education voted Monday to hire a new executive director.

The 8-1 vote for Karol Schmidt came with only state schools chief Diane Douglas objecting.

Douglas said she was not suggesting that Schmidt is unqualified. In fact, Douglas said Schmidt, who has a law degree, is probably overqualified for what could be seen as a largely administrative position.

Douglas said her issue with the selection is that it is not hers.

Schmidt was the lone finalist selected from more than 60 applicants for the job. More to the point, that short list was compiled by a committee of the board β€” and not by Douglas.

The schools chief pointed to a section of law which says the board employs its own staff β€œon the recommendation of the superintendent of public instruction.”

Schmidt was not on the list of two names Douglas had submitted.

β€œThe committee process is not in line with what’s in statute,” Douglas, who sits on the education board, told the other board members.

β€œThat’s your opinion,” responded board President Greg Miller. β€œIt’s not ours, nor is it our legal counsel’s opinion.”

Douglas was undeterred.

β€œIt’s just the law of Arizona,” she said.

β€œIt’s your interpretation of the law,” Miller countered.

Aides to Douglas already have said that any hiring not done on Douglas’ recommendation will be challenged in court as an illegal act. That puts Schmidt, who is slated to start work next month, in the position of accepting a post from which Douglas hopes to have her ejected.


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