Thursday, September 30, 2021

S.C. Supreme Court nixes Richland 2 case

Be sure to read Richland Two's extensive statement following the decision by the S.C. Supreme Court that has been anxiously awaited. It's on the Richland Two website.

Now read it a second time. Now a third time.

Did you read that the S.C. Supreme Court ruled AGAINST Richland 2? I didn't, either.

Don't miss the statement by Teresa Holmes in the press release. Somebody should ask, "Who wrote that for her?"

If I put that statement alongside ANY of the emails she has sent me, any young reader would ask, "Who really wrote that statement?"

My guess? The lawyer(s), Libby Roof and the superintendent wrote it and just put Holmes' name on it.

Holmes missed Tuesday night's board meeting, because she had to babysit. Did she make a miraculous recovery from whatever illness her grandchild brought into the house? 

Why didn't she attend the board meeting telephonically? Does she get paid her stipend, even if she doesn't attend a board meeting?

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.

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?

McKie : "be in line with law"

Wow! Can I believe my ears?

Amelia McKie said the board should be in line with law. Seriously? All the laws, I guess, except only taking the oath of office after filing the Statement of Economic Interests. No, no. Don't be in line with that law. 

If you'd like to hear one of the dumbest discussions the Richland 2 school board has ever had, listen to their discussion of Board Policy BEDC Quorum. It starts at 2:59:28 in the recording of the September 28, 2021 board meeting.

A number of board members don't even understand the difference between Quorum and Majority (for voting).

Without a Parliamentarian the discussion bounced back and forth and included extraneous comments that were not germane to Quorum.

Listen to McKie say that she doesn't want the board to be in a situation where it can be voluntarily held "hostage". That ought to have brought the wrath of the chair (well, vice-chair, or acting chair) down on her. How can she get away with insulting and defaming The Three like that??? McKie is apparently still bent out of shape that Agostini, Scott and McFadden walked out of a meeting earlier this month, as well they should have.

What's the difference between Quorum and Majority?

A Quorum is the number needed to do any business; that is, to hold a meeting. It has nothing to do with voting.

A Majority is the number of votes that determine a favorable decision on a motion. Majority rules in most voting situations. Sometimes a super-majority is needed; sometimes, it's a 2/3 majority (2/3 x 7 = 5). That "5" just happens to be the same number as needed for a Quorum. 

Richland 2 loses in S.C. Supreme Court

It's no surprise to me that the S.C. Supreme Court ruled against Richland 2 in the Proviso 1.108 case.

The school district could have saved time, money and embarrassment and just asked me. I would have told them.  heh-heh.

There was no reason for the S.C. Supreme Court to comment on the use of other funds to pester the kids and staff with a mask mandate. The case was only about Proviso 1.108.

If you read Proviso 1.108 for yourself, you'll see that it does NOT forbid masks or prohibit any government body, including school district, from mandating masks. What it does do is prohibit the use of State funds under the current Appropriations Act from being used to announce or enforce a mask mandate.

So just dip into a different pocket for the change.

You'd think that all the smart people around, with their law degrees and Ph.D's, would be able to figure that out.

It's too bad that Richland 2 didn't get good legal advice, on which it could have relied in a decision NOT to file the lawsuit. WHO did advise the Richland 2 board in that executive session, after which the board voted in public to GET legal advice? How convenient it was for the board not to admit that they had just gotten legal advice in that executive session.

So Proviso 1.108 stands. If Richland 2 used this year's State funds to announce or enforce its mask mandate, it'll be in big trouble and the Toothless Lion will attack and gum the District to death. You know how much that will hurt.