Monday, August 26, 2019

State law ignored?

South Carolina books are full of laws. It's hard to know all of them.

Remember back on November 13, 2018, when the newly-elected trustees for the Richland 2 School Board were sworn in? The ceremony was held before the Regular board meeting resumed at 6:30PM.

On November 6, 2018 one trustee was elected and three were re-elected. Casting aside for a moment my complaints over the past six month that the one who was elected and one who was re-elected were not eligible to take the oath of office, when should the elected trustees have taken office?

South Carolina Code of Laws Section 59-19-315 reads:

"Commencement of trustee's term of office.

"The term of office of every elected trustee of a school district must commence one week following the certification of his election."

Keyword: must

According to the Richland County Board of Elections office this morning, the November 6, 2018 election was certified on November 9, 2018.

One week after the election was November 13, 2018. A board meeting was held.
One week after the certification of the election was November 16, 2018.

The earliest that Teresa Holmes could have been seated, assuming for the moment that she had taken the oath of office legally (which she didn't), was November 16, 2018. When she sat at the board on November 13, she was still a trustee-elect. She was not entitled to sit at the board, attend an Executive Session, hear confidential District matters and student affairs, or vote on Board business. But she did.

As to Trustees Manning, Caution-Parker and McKie (the last also ineligible under State law to take the oath of office on November 13), had their 2014-2018 terms of office expired?

It seems to me that there is a State law about when a term of office for an elected person ends.

If it ends on election day or the day before election day, then there was no quorum at the November 13, 2018, and all business conducted that night must be struck from the records.

Manning, Caution-Parker and McKie could not begin their 2018-2022 terms until November 16, 2018. When did their 2014-2018 terms legally end?