Wednesday, November 4, 2020

Will Richland 2 Follow the Law?

Will the three successful candidates in the school board election insist that state law be followed? 

The Board is planning an installation ceremony for Tuesday, November 10, at 5:00PM. This is three days before the official term-of-office begins because, if the election is certified on November 6, state law mandates the beginning of the term-of-office as one week later (this year, November 13, 2020.

In 2018 the Board and the District committed an as-yet-uncorrected error, when it swore in McKie and Holmes on November 13, 2018, before they were eligible to take the oath. Then Holmes was allowed to be seated on the board. McKie legally sat on the board on November 13, because it was her last official meeting in her 2014-2018 term-of-office.

But McKie has sat at the board illegally ever since, as has Holmes.

Elkins, Agostini and McFadden must file Statements of Economic Interests (SEI) with the South Carolina Ethics Commission before they can take the oath of office for the 2020-2024 term. There is probably no reason they cannot take the oath on November 10, if they have filed their SEIs.

But McFadden cannot commence her official responsibilities until her term-of-office begins on November 13, which is after the November 10 board meeting.

Elkins and Agostini will attend the November 10th board meeting as their final meeting of their 2016-2020 terms-of-office.

State law requires an election of Chairman and Clerk (Secretary) at the first meeting after a new trustee joins the board. That will be in December. Will the District observe this law?

Holmes should be replaced as Vice Chair. She is not a legal board member (has never taken the oath of office legally) and, thus, is not eligible to serve as a board officer. 

Caution-Parker should be replaced as Secretary. 

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