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The newest member of the Howard County Board of Education should feel right at home at the board’s first conference in December — a seminar on how to avoid legal problems.

The irony doesn’t escape Allen Dyer, a man who often has found himself in a courtroom opposite a representative of the school board.

“Irony — it abounds,” he said of the seminar.

“There’s a lot of irony associated with a number of aspects of the fact that I’m becoming a board member.”

Following a race too close to call until the absentee ballots were counted, Dyer, an Ellicott City lawyer and longtime school system gadfly, was elected to the board this month in his fourth try.

In the six-person race for the three open seats on the nonpartisan school board, Dyer, 61, pulled in close to 19 percent of the vote, trailing incumbents Janet Siddiqui (nearly 22 percent) and Ellen Flynn Giles (20 percent).

He barely beat fourth-place finisher Diane Butler for the final slot, pulling 689 votes more than her.

Dyer, whose two children are graduates of River Hill High School, was elated to taste victory after running unsuccessful campaigns in 2000, 2004 and yet another in 2006, when he shaved his signature beard in an image overhaul.

“It’s been a long journey and I see this as the continuation of the journey,” Dyer said. “I feel very comfortable where I am. I feel prepared.”

Aside from his prolonged quest for a school board seat, Dyer and the board have — to put it simply — a history.

Dyer has long been a critic of the board’s operations, calling for greater transparency.

He sued the board in 2000 over alleged violations of the state’s open meetings law. The six-year court battle came to a close in 2006 when Maryland’s highest court rejected a review of the case, which lower courts had dismissed saying Dyer lacked standing to sue the board.

He also has represented other residents, students, parents and school system staff with grievances against the board.

Dyer says his criticism of the board stems from his deep respect for public education, public process and democracy.

“In order to change the system, you have to come up with something better,” he said. “I feel that I’m in a position to make things better. ... We’re in a much more transparent situation now than we were in 2000. I’m trying to explore how to be as open as I can as a board member. Hopefully, I’ll remain effective.”

In preparation for joining the board Dec. 1, Dyer is withdrawing from his one remaining active case against the school system — one in which he represents the system’s former chief business officer, who claims he was unjustly fired.

“It was painful,” Dyer said of quitting the case. “I’ve been waiting for over a year for an opinion from the Court of Special Appeals. I’m disappointed I’m having to leave the ship before it’s found the port, but it’s the right thing to do.”

Dyer’s reluctance to quit is evident in his four attempts to win election to the school board and in the countless administrative and judicial appeals he pursues in each legal battle he wages.

“You’ve got to ask yourself why you’re doing it,” he said of his campaigns. “If the voters don’t choose you, that’s a message, and you can take it as a rejection. I was able to look at these results and see them in a more positive light.

“Every time I ran, more voters supported me. I think that was the underlying thing that kept me going.”

In his dealings with the board, Dyer has racked up a track record with a lot more losses than wins. But, he said, the record doesn’t faze him, and he is convinced his prodding has forced the board to operate more openly.

The rejection of his lawsuit based on what judges ruled as a lack of standing inspired a local lawmaker to pen a bill giving residents more opportunity to sue public bodies over violations of the state’s open meetings law. Dyer applauded the change, despite his failure to convince judges to apply the 2005 law to his case retroactively.

Additionally, he said his unusual campaign promise in 2000 to step down after just four years of what was then a six-year term also grabbed the attention of lawmakers. Although the pledge didn’t earn him enough votes to win, he was happy to see board terms shortened to four years beginning in 2002.

Given his history with the board, Dyer knows there might be awkward moments working with his new colleagues.

“I think there’s going to be an uneasiness, but you have to look at the content of the criticism I’ve been leveling,” he said.
 
“I think that it’s going to be a very interesting time on the board. I’m hopeful I will stimulate a reevaluation of some of the positions, some of the ways the board has operated. ... I want to see how things are being done elsewhere.”

Board chairman Frank Aquino said he doesn’t expect Dyer’s candid and vocal nature to change.

“Every board member comes to the board as an individual with their personal background, expertise and interests. Adding Mr. Dyer’s skills to the mix will simply add to that. ... None of us are experts in everything,” Aquino said.

“He’s been an outspoken advocate for his clients in the past, and he’s been outspoken for his position on a variety of issues. I don’t expect that to change,” Aquino added.

Board member Sandra French, who was a member of the board when Dyer sued it in 2000 and who once referred to his efforts as “legal harassment,” said this week that her feelings regarding Dyer joining the board are “complex.”

“I’ve written a note of congratulations to him,” she said. “We need to put aside those differences to work for the kids.”
Although they butted heads in the past, French praised Dyer’s persistence.

“To be honest, the man needs to be given credit for being a public school advocate,” she said. “No one runs four times for the Board of Education if you aren’t dedicated to public school education, and that’s commendable.”

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