Thursday, September 24, 2020

Who will explain to me?

Who can explain to me why Richland 2 School Board does not have two illegitimate members; i.e., two are not legal members of the board?

This is what the South Carolina law says about taking the oath of office and entering upon official responsibilities. Let's start here:

South Carolina Code of Laws Section 8-13-1110

SECTION 8-13-1110. Persons required to file statement of economic interests.

(A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) 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 provisions of this chapter with the appropriate supervisory office. If a public official, public member, or public employee referred to in this section has no economic interests to disclose, he shall nevertheless file a statement of inactivity to that effect with the appropriate supervisory office. All disclosure statements are matters of public record open to inspection upon request.

(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:

(1) a person appointed to fill the unexpired term of an elective office; 

(2)-(7) omitted

(8) a school district board member and a county board of education member;

To simply (emphasis added), 

(A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) 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 provisions of this chapter with the appropriate supervisory office. If a public official, public member, or public employee referred to in this section has no economic interests to disclose, he shall nevertheless file a statement of inactivity to that effect with the appropriate supervisory office. All disclosure statements are matters of public record open to inspection upon request.

11/13/2019 McKie and Holmes took the oath of office.

12/4/2019 McKie and Holmes filed their statements of economic interests

Therefore, they took the oath of office illegally.

To me, it's black and white. Cut and dried. First, you file the statement of economic interests; then you take the oatch of office; then you enter upon official responsibilities. That's not what they did.

A candidate becomes "qualified" for office by winning the election. But that candidate is not "eligible" to take the oath of office unless he (or she) has filed the statement of economic interests.

If you take the oath of office before you are eligible to do so, then you are just practicing. Any oath taken before one is eligible to take it is invalid.

Is there anyone who thinks an elected person can legally become an official by taking the oath of office and then, three weeks later, filing the statement of economic interests.

Shouldn't the elected person have the taken the oath after filing the required statement?

The only way you can become a legitimate member of the school board is to take the oath after filing the required statement. 

Another South Carolina law says you have to take the oath before assuming office. This must mean, Take the oath legally.

So, if one has never taken the oath of office legally, then the person cannot assume office. The public body - here, the Richland 2 School Board - should not be allowing two women to be seated at the Board, because they have never legally taken the oath of office. Why is the District allowing this? Why have the five legal Board members allowed this for more than 18 months.

What laws are being violated?

Section 8-13-1110(A) (above). Holmes and McKie were elected on 11/6/2019 and took the oath of office (illegally) on 11/13/2019. But they had not filed their statements of economic interests. They filed those statements on 12/4/2019, which is the earliest date on which they could legally take the oath of office.

Section 8-3-10. "It shall be unlawful for any person to assume the duties of any public office until he has taken the oath provided by the Constitution and been regularly commissioned by the Governor."

McKie and Holmes have never taken the oath of office legally.

Section 15-63-60 Usurping public office - any person [who] shall usurp, intrude into, or unlawfully hold or exercise any public office

Section 59-19-315. Beginning of 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. The election was certified on 11/9/2019. One week after the certification was 11/16/2019. McKie and Holmes attended and participated in the Board Meeting on 11/13/2019, three days before the election was certified. Board Policy BBB reflects this law.

Now, am I wrote to believe that they are not legal board members?

No comments:

Post a Comment