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Omari Patterson says he is running for the Frederick County school board to improve the system that helped shaped his life, but he must first challenge a state law that prohibits him from serving on the board.

The real estate consultant, one of the 16 candidates vying for a seat on the board, is married to a special education teacher at North Frederick Elementary School.

And under Maryland law, anyone whose spouse is a teacher or administrator in Frederick County Public Schools "may not be elected to or serve on the county board."

The law, passed in 1998, aims to prevent potentially unethical decisions from the school board, which among other things makes decisions on employee salaries, benefits and discipline, according to Jeff Darsie, a Maryland assistant attorney general.

The law, however, "does not prevent you from running for office," Darsie said. "There are some laws that do."

Patterson said he knew of the law, and spoke to Darsie about it before he filed for office on June 2.

Stuart Harvey, election director of the Frederick County Board of Elections, said Darsie's informal opinion is the reason why Patterson stayed on the ballot as a candidate. "We weren't going to argue with the Attorney General's office," Harvey said.

"That is not an election law," he added. "It is actually an education article in the code of Maryland."

Jamie Cannon, the school system's legal services director, did not return a phone call before The Gazette's deadline Wednesday.

The real question is what would happen if Patterson advances through the Sept. 14 primary election then wins the Nov. 2 general election, Harvey said.

Sixteen candidates are running for four open seats on the seven-member board. Members are elected non-partisan, so eight candidates will make it through the primary and four will be chosen in the general election.

Patterson said he plans to challenge the law, saying that it is "discriminative" and restricts too many residents from running for a public office. "This should be up to the people of Frederick County," he said.

However, if the law is upheld and Patterson is elected, he would have two options — decline serving or his wife would have to leave her job, Darsie said.

If the school board ends up with a vacancy, Maryland law requires the Frederick Board of County Commissioners to appoint "a qualified individual" to serve the remainder of the term.

The law, he said, only applies to residents who are married to someone who works for the school system, and says nothing about anyone who may have children, siblings, parents or any other relatives enrolled or on the school system payroll.

"There is more than just the husband and wife relationship. ... The daughter-father relationship can be just as strong," Patterson said.

Frederick is the only county in Maryland with such a law, he said.

And even without that law, Frederick County already has a number of guidelines and regulations that ensure school board members behave ethically, he said.

"Frankly, I don't see a problem with it," he said. "There are plenty of guidelines that would stop me from doing anything unethical."

Patterson, who plans to challenge the law before the September primary, said he also has a legal precedent on his side.

In a recent case in Georgia, board candidates were able to get an injunction against a similar law that restricted residents to serve as board members if they have "immediate family" members working for the school system.

Attorney Peter Olson of Jenkins, Olson and Bowen in Cartersville, Ga., argued that the law infringed on residents' rights under the First, Fifth and 14th amendments of the U.S. Constitution.

"We argued that the law was over-inclusive and under-inclusive," Olson said. "It's a very severe restriction because something entirely out of your control prevents you from running."

This is especially true in smaller jurisdictions where the school system is often the primary employer, Olson said, noting that education also tends to run in families.

Patterson said he also does not feel that he should be barred from running for the school board only because his wife happens to be a teacher.

If elected to the school board, he plans to follow every guideline for ethical behavior set forth Policy 109, which lays out the rights and responsibilities for board members. He would also abstain from decisions which would affect his wife directly.

"My wife and I are two different people," Patterson said.

Patterson, who lives in the Spring Ridge subdivision in Frederick, said his decision to run for the school board had nothing to do with his wife's work, but rather with his desire to give back to the school system that helped shape him as a person.

A 1999 graduate of Frederick High School, Patterson grew up in Frederick, where he also attended Waverley Elementary and West Frederick Middle schools.

Patterson, 29, whose mother teaches at Frederick Community College and father taught at Gov. Thomas Johnson High School, said he has a deep commitment to education.

Over the years, he has worked with youth in Frederick County as a wrestling and cheerleading instructor and a board member of the Boys and Girls Club of Frederick County.

He teaches as an adjunct professor at the Merrick School of Business at the University of Baltimore. "I have a passion for the youth of Frederick County," he said. "I believe in reaching our students with exceptional teaching. I want to give back to the system."

Patterson said he is optimistic that he can challenge the law so he can serve to the school system in Frederick County. He has been attending school board meetings ever since he filed for election and is continuing to campaign as usual.

As a candidate, his platform is based on three basic principles – fiscal responsibility, sustainability and continued push to take student performance from proficient to advanced level.

He wants the school system to maintain diversity, push students to achieve to the best of their potential and also hopes to see the school system work with the county to find sustainable solutions for partnerships.

"I want to build the best school system in the state and in the nation for my children," he said. "I am not mad about anything. I just want to help the school system."

E-mail Margarita Raycheva at mraycheva@gazette.net.

-Residence: Frederick

-Date of Birth: 29

-Family: Married

-Work experience: Adjunct faculty member at the Merrick School of Business at the University of Baltimore; has worked as a development director at Struever Bros. Eccles & Rouse; as business development director at Atlantic Coast Real Estate Services Inc. and as a researcher at Biomedical Engineering Research Labs.

-Previous political experience: none

-Other affiliations: Boys and Girls Club of Frederick County, wrestling and cheerleading coach, Kappa Alpha Psi

-Top three issues: Fiscal responsibility, sustainability and continued push for student achievement