Thursday, September 30, 2021

You Tell Me - Legal or Illegal?

Since March 2019 I have been after the school board to recognize that there are two women on the board illegitimately. 

What do you think?

Teresa Holmes was elected to the board on November 6, 2018. Amelia McKie was re-elected to the board on November 6, 2018. 

They took the oath of office on November 13, 2018 and began serving on the board that same night.

Here is the problem. There's s sticky little item called the State law on when you can take the oath.

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.

I've highlighted certain words for your attention and easy reading. You can easily see the order of doing things.

1. File your Statement of Economic Interests (SEI) with the S.C. Ethics Commission.

2. Take the oath of office

3. Enter upon official responsibilitis.

Both Holmes and McKie filed their SEIs on December 4, 2018, after The Voice (newspaper) blew the whistle on them.

See the problem?

They chose this order: 2-3-1, not the correct legal order, 1-2-3.

Holmes insists she is qualified. Yes, indeed she is qualified - for the office. She was elected.

But neither Holmes nor McKie was eligible to take the oath of office on November 13, 2018. Both became eligible to take the oath of office on December 4, 2018, upon filing their SEIs.

Neither has taken the oath of office ince November 13, 2018.

Since they have never taken the oath of office legally, they are not legitimate board members. Since they are not board members, neither can be an officer of the board. Why did Manning Nominate Holmes on June 29, 2020, even after being asked to nominate only legitimate board members.

Why do the five legal membes of the board tolerate Holmes' and McKie's usurping public office?

Why do Holmes and McKie refuse to take the oath of office legally?

What should be done to correct this legal problem?

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