Is there a valid school board?

At the March 12, 2019, school board meeting, I read the following statement:

Members of the Board and Supt. Davis,

My name is Gus Philpott.

As much as anyone here tonight, I regret having to bring this issue again to your attention. It will continue to come up until the problem is resolved.

I believe that two of the Board members are not legally entitled to sit. I believe you must immediately leave your seats. I hope the attorney for the School District is present now to advise you.

To sit at these desks, to act as Board members and make decisions involving student affairs and millions of dollars of District assets, each of you must be duly elected and properly sworn in.

This Board has had an unresolved legal problem since November 13, 2018. Why do I say this?

Election day was November 6, 2018.

According to a message from Richland 2 School District, on November 13 Mrs. McKie was administered the oath of office for the 2018-to-2022 term of office and entered upon the duties of Board member. If the oath of office was administered to Ms. Holmes on that date, this applies to her, too. I assert that administration of the oath of office to them was in violation of State law.

South Carolina Code of Laws Section 8-13-1110(A) reads in part, “No public official … may take the oath of office or enter upon his official responsibilities unless he has filed a statement of economic interests in accordance with the provision of this chapter with the appropriate supervisory office.” Violating this Section is a misdemeanor under Code of Laws Section 8-13-1520.

As of November 18^th Mrs. McKie had not filed the State of Economic Interests Report with the South Carolina Ethics Commission. She did not do so until December 4, 2018. Ms. Holmes also filed her first Statement of Economic Interests on December 4^th.

Thus, having not filed the required Statement, neither was eligible to take office.

The proper action is for Mrs. McKie and Ms. Holmes to stand up now and step away from the Board. Immediately. Mrs. McKie is not legally a Board member and cannot be the Chair of this Board.

When the Chair’s position is vacant, the Vice-Chair assumes the duties of the Chair.

If she does not immediately leave the Board, then all of you become complicit in the illegal functioning of this Board.

Should they be administered the oath of office at some future date, then they can become Board members. Mrs. McKie cannot reclaim the position of Chair, unless she would be elected to it a future regular election of officers.

As both were not legally Board members, I request that the District recover all funds improperly paid to them. A review of all decisions made by this Board should be made. If their votes were the deciding votes in any decision regarding a student suspension, expulsion or transfer or in any financial or other matter, I request a new vote on each matter.

At the end of the March 12th Board meeting, Ms. Holmes made her Board comments. You can hear her toward the end of the YouTube video. It was the only time during the entire meeting that any Board member spoke loudly and clearly into the microphone. She defended her legitimacy of Board membership.

After the end of the meeting, I approached Teresa Holmes. A Richland County deputy stood by our conversation. Ms. Holmes told me in no uncertain terms that she was doing nothing wrong and was properly on the Board.

By the time I was 18 (and that was quite a few years ago), I had become acquainted with the phrase "Ignorance of the law is no excuse." I think those words do not exist in her vocabulary.