Signed into law by Gov. McMaster on April 25, 2022.
AN ACT TO AMEND SECTION 59-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES AND FILLING OF TRUSTEE VACANCIES, SO AS TO PROVIDE THE GOVERNOR MAY REMOVE TRUSTEES IN CERTAIN CIRCUMSTANCES, TO PROVIDE THE GOVERNOR MAY FILL TRUSTEE VACANCIES, TO PROVIDE NOTICE AND HEARING REQUIREMENTS, AND TO DELETE EXISTING PROVISIONS CONCERNING TRUSTEE REMOVAL AND FILLING OF VACANCIES BY SCHOOL BOARDS.
What does this new law mean for the Richland 2 school board?
Not much information is available today on the State legislature's website. A note reads:
THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.
But I recall some of the reasons the Governor can use to remove a school board trustee. Misfeasance. Malfeasance.
Does he just have to believe that such conduct took place? How will he decide? What "proof", if any, will he need or want?
For more than three years I have been decrying the fact (FACT) that the Richland 2 school board has been operating with two illegitimate members. Teresa Holmes and Amelia McKie have never taken the oath-of-office legally.
They were duly elected on November 6, 2018.
An oath-of-office was administered to them on November 13, 2018; however, neither was eligible to take the oath on that date.
Each first became eligible to take the oath-of-office on December 4, 2018, after filing her Statement of Economic Intrerests Report with the South Carolina Ethics Commission.
Neither has taken the oath-of-office since December 4, 2018.
Thus, neither is a legitimate board member.
What would happen, if Governor McMaster removed Holmes and McKie?
That would leave Agostini, Scott, McFadden, Caution-Parker, and Manning. Now look at the balance! Three Conservatives. Two Liberals. How would those five have voted last night?
The vote clearly would have been in Gary Ginn's favor. And I would ask for an immediate re-hearing, and they'd vote in my favor. Agostini, Scott and McFadden know that what happened to Ginn and me on January 25th was wrong. The vote would 3-2 in our favor. Hear that, Caution-Parker and Manning?
Would the Governor appoint successors for Holmes and McKie? Or would the Governor tell the remaining five trustees to appoint the successors? Or would the Richland County Council appoint? Or would the Richland County Elections Commission have to conduct a special election?
Either way, there is a good chance that more-conservative members would join the board, whether appointed by the Governor or the remaining five board members.
Can the refusal by Holmes and McKie to take the oath-of-office legally be considered misfeasance or malfeasance? Where is my legal dictionary?
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