Buffalo School Board Member Retains Seat

September 9, 2010 Updated Sep 9, 2010 at 12:24 AM EDT

By John Borsa

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September 9, 2010 Updated Sep 9, 2010 at 12:24 AM EDT

BUFFALO, NY (WKBW) -- The Buffalo School Board member who took an out-of-state job will be allowed to retain her seat, said board president Ralph Hernandez.

For now.

"I'm going to yield to legal counsel's opinion and make sure we do this right," said Hernandez.

He said he is still exploring ways to remove Vivian Evans as East District representative.

Evans informed the board last month that she was taking a job in Maryland, 400 miles from Buffalo, but would return for board meetings twice a month.

"My plans have never changed," Evans said when Eyewitness News asked about her intentions and if she is moving to Maryland full-time.

Reporter: "Do you think you can effectively serve your constituents from another state?"

Evans: "Absolutely. With my knowledge. Yes. I'm not from another state. I'm here."

Reporter: "But you are living full-time in another state."

Evans: "I wouldn't say that. I wouldn't say that."

Reporter: "How often are you in Maryland then? Is this a full-time position?"

Evans: "I'm not going to discuss anything like that."

Reporter: "How often are you in Maryland in a typical week. Monday through Friday?"

Evans: "I'm not going to answer that either."

Reporter: "Don't you think you should explain to us or your constituents how often you're in town, how often you're out of town?"

Evans: "I'm accessible to my constituents 24/7 -- 24 hours, seven days a week like I've always been."

But some parents, like Kathy Brown, that if Evans does not live in her district, she should be removed from office.

"I cannot believe that a person living in Maryland can be accountable to her constituents," Brown said after she addressed the board with her concerns.

Members of the Buffalo Board of Education are paid $5,000 per year.

Evans was just re-elected to the post in May.