hhBesides a former Democratic candidate for Congress?

In July the Char-Meck Board of Education voted 6-3 to hire Bartholomew as general counsel. Board member Larry Gauvreau led opposition to the hire, citing lack of a sufficient search as well as a lack of need for in-house counsel.

Bartholomew had served as general counsel for the Orleans Parish School Board and in 2006 was a candidate for the seat held by Rep. William Jefferson (D-La.). She ran for office while on leave from her school system position. Prior to that she worked for the U.S. Department of Labor.

At least some of her supporters expected Bartholomew to run for the Louisiana state house this year.

Instead, in September, weeks after joining CMS, Bartholomew penned a legal memo arguing that CMS did not have to comply with state law regarding political activity in support of the school bond referendum. It is that memo that Gauvreau and Mecklenburg County Commissioner Bill James have just released to a broader public. And it is that memo that prompts the question, who is Bartholomew and how did she possibly produce a legal memo that does not mention North Carolina state law?

Bartholomew also errs in stating that CMS relies “solely on the successful passage of bond proposals” to fix up and build schools, which overlooks both COPs funding of schools and new ventures in lease-purchase schools built by developers.

Stranger still, Bartholomew focuses entirely on First Amendment challenges to government speech, citing a 2005 Supreme Court decision on federal farm program marketing efforts. In effect, Bartholomew is telling the Board and CMS chief Peter Gorman that state law does not matter.

Indeed, she is suggesting that the Board be prepared to litigate its way to the Supreme Court, challenging state law which bars political activity by county employees, all along the way. There is simply no other way to read Bartholomew’s six paragraph opinion.

Coupled with Parks Helms’ recent vigorous defense of the use of county funds in campaigning to save the transit tax, we are witnessing a sea-change in official opinion towards local government political activity. The trouble is, those views violate state law.

After months and months of being told how confining state law is for our local officials — on alt-teacher certification, on how how and when transportation dollars can be spent, on our broken criminal justice system — now all of sudden two weeks from a vital election, we are told state law is no big deal.

What a neat trick.

Remember the Bartholomew memo the next time some local hot shot starts telling you what they can and cannot do.