The Richland 2 School District violated its own Policy BBB, when it swore in Amelia McKie and Teresa Holmes on November 13, 2018. Therefore, there is one more reason that McKie and Holmes are not legitimate members of the Board.
Heretofore, I have asserted that McKie and Holmes are not legitimate members of the board because they violated S.C. Code of Laws Section 8-13-1110(A) by taking the oath of office and commencing their responsibilities before they filed their Statements of Economic Interests with the S.C. Ethics Commission. That assertion of that violation is still true.
Now comes the second point by which they are illegitimate members of the Board.
The second paragraph of Board Policy BBB reads, in part, "The term of office of every elected trustee of the school district must commence one week following the certification of his/her election." [emphasis added]
McKie and Holmes were sworn in on November 13, 2018 (less than one week following certification of their election), and their notarized oaths of office are dated November 13, 2018.
The 2018 election of school board members was November 6, 2018.
The election was certified by the Richland County Elections Commission on November 9, 2018.
This means that the term of office for McKie and Holmes began on November 16, 2018, not on November 13. They should not have been seated at the November 13th Board Meeting, and their votes on any matters should be removed from the record.
McKie and Holmes never took the oath of office at the beginning of their term of office. If the practice of Richland 2 is to administer the oath at the beginning of the term of office, why did it administer it three days early? McKie and Holmes should not have been seated at the November 13th board meeting.
They didn't even become eligible to take the oath of office until December 4, 2018, when each filed her Statement of Economic Interests with the Ethics Commission. December 4th is the earliest date they could have legally taken the oath of office. The only date they took the oath was November 13, 2018.
In addition to violating State law, they violated District Policy. The District may claim that the oath can be administered before the term of office begins, as far as the Board Policy goes. Had McKie and Holmes filed their SEIs, then the only problem would be that they were seated before the Board Policy allowed. BUT they had not filed their SEIs, and they were not eligible to take the oath under State law.
McKie and Holmes have been eligible to take the oath of office since December 4, 2018; yet they have not. They have been allowed to attend confidential Executive Sessions and to vote on student and District matters. They have been paid. They have probably been reimbursed for expenses. Who pays for their membership in the South Carolina School Boards Association?
McKie, while not yet a legitimate member of the board, serves as a Director of the SCSBA. The SCSBA is aware of the challenge to her position on the Richland 2 School Board; yet it allows her to serve.
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