Did Trustees Violate Quorum Law?

On or about October 5, 2021, there was a reception at the home of Fort Jackson's Commanding General and his wife, Gen. and Mrs. Patrick R. Michaelis. A number of Richland Two's trustees attended that reception.

Who was there? Holmes, Yes. Manning? McKie? Agostini? Scott? McFadden? Caution-Parker?

In their excitement to get to the party, did they violate South Carolina law regarding quorum?

If four were there at that same time, under South Carolina law (S.C. Code of Laws Title 30, Chapter 4) that probably constituted a quorum, requiring notice in advance to the public.

No matter that it was a social occasion. No matter that official business may not have been planned. Richland Two is proud of its relationship with Fort Jackson and the programs and services that are provided to students who are members of the military family.

Section 30-4-20(d) "Meeting" means the convening of a quorum of the constituent membership of a public body, whether corporal or by means of electronic equipment, to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory power.

Quorum is definied in South Carolina law as "unless otherwise defined by applicable law means a simple majority of the constituent membership of a public body." (Code of Laws 30-4-20(e))

S.C. Code of Laws, Title 30 - Public Records, Chapter 4, Freedom of Information Act may apply. Did the Board get advice before the reception from the General Counsel (employee) of the school district or from Attorney Helen McFadden, a FOIA and Robert's Rules of Order expert?

Public bodies often find themselves in hot water when too many members show up in the same place at the same time. In this case, the magic number, under State law, is four (4). Board members must be scrupulous about not violating the quorum law.

Richland 2 Board Policy states that a quorum for doing business is five (5). That may be fine as a "policy", but it is State law that sets a quorum as a simple majority of seven. That's four.

Law trumps* Policy.

"Ignorance of the law is no excuse." Oliver Wendell Holmes, Jr. (1841-1935)

Why do I question this? When I lived in Illinois, public bodies (city councils; town councils, village councils) were often in trouble, after members showed up at parties, gatherings, etc. and too many members from any one public body were present at the same time. The wise public body was alert to that and its members came and went at different times, specifically to avoid a quorum's being present.

* NOTE to all you folks with TDS. "trumps" is a verb, not a last name.