Sunday, March 29, 2020

Can Board meet on March 31?

Earlier in March South Carolina Governor McMaster issued an order that groups of 50 or more shall not gather. This is part of South Carolina's response to the coronavirus COVID-19 problem.

Later this month Governor McMaster tightened his order, which now prohibits gatherings of three or more people and grants authority to law enforcement to break up gatherings of this size. He explained that his order "does not apply to homes, work places, or law-abiding businesses."

Will Richland 2 cancel its March 31 board meeting?

A quorum of the seven board members is required to hold a meeting. Richland 2 has defined a quorum as five (5). I believe the law is intended to mean that a quorum must be present in person.

If there aren't five board members present in person on March 31, any attempt to conduct business will be illegal. All the Board Chair can do is announce that no meeting can take place. I believe Richland 2 cannot have a legal quorum with fewer than five present in person. Any other board members attending by telephone should not be counted in determining whether a quorum exists..

If there are not five board members present Tuesday night, then Richland 2 will not be a "law-abiding business" and one of the Richland County Sheriff's Department deputies present should break up the meeting, as ordered by Gov. McMaster. Will he?


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