Open Meeting Flaw Old Amphi Adversaries Unite For A Curious Interpretation Of The Law. Nearly a year ago, Jaeger raced to bounce Smith from the Amphi board, claiming Smith was ineligible because his wife was an Amphi volunteer covered by the district's early retirement program.
State law forbids school board members from having spouses on the district payroll.
Jaeger and Deputy Pima County Attorney Paula Wilk put the forthright and gentlemanly Smith through the wringer in court maneuvering that spanned seven months. In the end, Smith's lawyers, Anthony Ching and Bill Risner, decimated Wilk's and Jaeger's case. Judge Kenneth Lee of Superior Court ruled on May 16, the day of the Amphi recall, that Smith indeed legally held his seat. Smith was outraged that his own school board lawyer, Jaeger, would sprint to county officials when Smith was out of town for his mother's 89th birthday without first explaining that he was in some type of jeopardy. So it seemed odd that Smith would seek and rely on an opinion from Jaeger last month clarifying the restrictions his Amphi board colleagues faced under some revisions to the state Open Meeting Law.