Why isn't Richland 2 Filling Two Vacant Seats?

The Richland 2 School Board is supposed to have seven members. It has five (5).

There is a protocol for filling vacant seats. Richland One filled one after resignation of a board member who was moving out of state. It held a special election.

To become a legitimate board member, one must first be elected. Upon being elected, the candidate becomes "qualified" and becomes a trustee-elect.

The next step is for the trustee-elect to become eligible for the office by filing a Statement of Economic Interests form with the South Carolina Ethics Commission.

ARTICLE 11

Disclosure of Economic Interests

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.

For those certain people who have difficulty reading the "fine print", let me simplify this Section.

(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.

Fact: Amelia McKie and Teresa Holmes filed their Statements of Economic Interests forms with the S.C. Ethics Commission on December 4, 2018.

According to Richland 2 School District, McKie and Holmes have not taken the oath of office on or since December 4, 2018.

Therefore, they are not legitimate members of the school board and should not be allowed to participate in board matters, votes, compensation or perks.

They will become legitimate board members as soon as they take the oath - legally. The oath they both took on November 13, 2018 was in violation of S.C. Code of Laws Section 8-13-1110(A).

If they were in court and sworn to tell the truth, the whole truth and nothing but the truth, how would they answer these two questions:

"Did you take the oath of office on November 13, 2018, before you filed your Statement of Economic Interests form?"

"Have you taken the oath of office since you filed your Statement of Economic Interests form on December 4, 2018?"

There are three possible answers: 1. Yes; 2. No; 3. I decline to answer on the grounds that my answer might incriminate me.

The Richland County Elections Commission has been asked whether it retains jurisdiction over an elected position if the candidate never takes the oath of office. Isn't the position still open? Shouldn't an election be held to fill the two open positions on the Richland 2 School Board?