The Board never authoirzed the lawsuit in open session by a board vote - in public.
At the August 16th Special-Called Board meeting, Trustee Manning made this motion: “I make a motion that the board authorizes the District to engage legal counsel to provide best option and legal strategy to address Appropriations Budget Proviso 1.108, including consulting with Richland County Council with regards [sic] to protecting the health, safety and well-being of our students and employees."
Read that carefully. Nowhere does it authorize "the District" (meaning, the superintendent") to commence legal action. It authorizes the superintendent to learn the "best option and legal strategy" which, of course, might be not to do anything.
Did the Board, in Executive Session on August 16th, actually give the superintendent the green light to go ahead?
That is, did the Board make a decision to allow the superintendent to proceed? State law does not permit decisions in executive session. Decisions can only be made in public, by vote.
If not (and they should not have done so), did the superintendent act on his own?
If he did, that ought to have a bearing on his evaluation and his revised contract.
So, sue the Board or not?
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