Saturday, March 16, 2019

Did Resolution to remove Officer actually pass?

When the Richland 2 School Board considered the resolution to oust a Board member from a position as Officer of the Board, did that resolution actually pass? The resolution was not to remove a member (elected official) from the Board - only to remove a Board member from a position as an officer of the Board (Chair, Vice-Chair or Secretary).

At a  Board meeting earlier this year, that resolution failed on a 3-4 vote.

Agostini, Manning and Elkins-Johnson voted for it.
McKie, Holmes, Shadd and Caution-Parker voted against it.

However, McKie and Holmes were not legally members of the Board.

Thus, instead of the vote being 3-4, the true vote was 3-2. Only Shadd and Caution-Parker remained as members of the Board voting against it.

The Board must re-visit every vote since November 13, 2018 that was decided by votes of McKie and Holmes.

McKie, Holmes to be arrested at 3/26/19 meeting?

Should Amelia McKie and Teresa Holmes be arrested at the Richland 2 School Board on Tuesday, March 26, 2019?

Amelia McKie
Each violated South Carolina Code of Laws Section 8-13-1110(A), a misdemeanor.

The five legal members of the Board of Trustees (Agostini, Manning, Shadd (an attorney, himself), Elkins-Johnson, Caution-Parker) should be very concerned about having two people sitting at the Board desks during the semi-monthly meetings who are not legal members of the Board.

The attorney for Richland 2 School District is the attorney for the District, not for individual Board members, and certainly not for people who are not legally-constituted Board members (McKie and Holmes).

Teresa Holmes
The Board is responsible for millions of dollars in School District assets, thousands of students and hundreds of employees. Having a legal leadership of seven Board members is imperative.

If this illegal functioning of the Board is not resolved before the March 26, 2019, meeting, should the two women sitting illegally at the Board desks be arrested and removed from the Board seating area?

Why are McKie and Holmes there illegally? Because South Carolina law 8-13-1110(A) reads that they cannot take the oath of office and commence their duties unless they have filed Statements of Economic Interests. Neither Mrs. McKie nor Ms. Holmes filed their Statements until December 4, 2018, a full three weeks after they took the oath of office on November 13, 2018. A violation of 8-13-1110(A) is a misdemeanor (Section 8-13-1520). A misdemeanor is a crime.

The problem can be easily cured. Now that the Statements of Economic Interests are on file, they can take the oath of office and commence their duties. I have requested Superintendent Davis to inform me of the date, time and place of the swearing-in ceremony.

Mrs. McKie cannot continue as Chair. Her 2014-2018 term-of-office on the Board and then-position as Chair ended on or before November 13, 2018. She has been allowed to act as Chair improperly. The Vice-Chair should assume the duties of Chair until the next regular election of Officers.

Many actions of the Board may have to be reviewed, due to McKie and Holmes sitting at the Board desks and voting on School District business. Items in question will include student suspensions, transfers, expulsions; financial and bond matters; the resolution to create authority to remove a Board Officer, etc. Every vote that was decided by the votes of McKie and Holmes should be reviewed.

The vote on the resolution to remove a Board Officer was 4-3. Removing McKie and Holmes from the vote changes the vote to 3-2 and it would have passed!!!

What is the problem with the Richland 2 School Board that it is resisting this issue? Is it pride? Ego? Is it "We're right, and you parents (not just this writer) are wrong"?

Your comments are invited and welcome below.