Thursday, May 5, 2022

Illegal Executive Session, 4/28/2022?

Why was an illegal executive session held by the Richland Two school board on April 28, 2020?

This good explanation of the rule for entering executive session comes from an organization of public bodies, like school boards, in South Carolina.

"Before going into executive session, the council must vote, in open session, to enter executive session and state the specific purpose and open meeting exception for the closed door meeting. Councils must be as specific as possible without compromising the issue. The motion to enter executive session should be specific, such as 'to go into executive session to discuss applications for employment within [a specific department]' or 'to discuss negotiation of a contract and receipt of legal advice related to a building project.'" (Source: Municipal Association of South Carolina)


When trustee-elect Amelia McKie made her motion at the beginning of the Special-Called Board Meeting on April 28, 2020, she said it was for the purpose of a safety and security meeting. McKie gave no specifics.

In fact, many thought the meeting was for the purpose of organizing the work of the Committee of the Whole, which would not qualify for an executive session.

I recognized immediately that she had not stated a purpose. And she certainly did not cite the exception provided in South Carolina law.

Had there been a Parliamentarian present, that professional would have called attention to the wording of the Motion and urged the board to halt business right on the spot. Maybe this is one of the reasons that the Richland 2 school board does not utilize the services of a Parliamentarian.

Had one of the minority three on the board questioned the wording and the intention to enter into executive session, after a Second there would have been discussion. Then the board would have voted. Regardless of arguments presented, the board majority would have voted 4-3 to go into executive session. 

Because the board was about to enter an illegal, non-public session, the three members of the minority should have left the meeting. The meeting would have stopped for lack of a quorum.

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