For some unknown reason the Richland 2 School Board has been willing to allow two persons to serve illegally on the school board. The following is a summary of allegations that have been made monthly, beginning in February 2019.
Who are the two persons?
The persons are Amelia McKie and Teresa Holmes. At this time they are Trustees-elect of the School Board, but they are not duly-constituted Trustees.
In what way are they serving illegally?
McKie and Holmes were elected on November 6, 2018. Each took the oath of office (illegally) on November 13, 2018 without having filed her Statement of Economic Interests Report with the South Carolina Ethics Commission. Each filed her Report on December 4, 2018. Each has been eligible to take the oath of office since December 4, 2018. Neither has taken the oath of office (legally).
Why is this a problem?
McKie and Holmes are being allowed to participate in Board matters, attend Executive Sessions where confidential District and student matters are discussed, vote on Board motions, receive compensation that is normally only paid to Trustees and benefit from expenses paid by the District for professional memberships, conferences, travel, etc.
What are the laws?
The first law of importance is S.C. Code of Laws Section 8-13-1110 (A). This law says that a person may not take the oath of office or enter upon official responsibilities without filing the Statement of Economic Interests. (Note the exact order of the words.)
The second law of importance is S.C. Code of Laws Section 15-63-60 (1). This law pertains to the person who usurps, intrudes into, or unlawfully holds or exercises any public office.
FIRST. CLEAR VIOLATION
Trustees-elect McKie and Holmes clearly violated the law on November 13, 2018. They took the oath of office on November 13, 2018, and their notarized Oaths have been filed. They filed the Statements of Economic Interests on December 4, 2018. Those are public records and can be viewed on the website of the South Carolina Ethics Commission.
SECOND. KNOWLEDGE
McKie and Holmes know by now (and have known since February 2019) that they clearly violated the law by taking the oath of office without having filed their Statements of Economic Interests. It doesn't matter that they might not have known the requirement on November 13, 2018. They should have known it; they were expected to know it. But they certainly have known since February 2019.
THIRD. INTENT
McKie and Holmes have continued to violate Section 15-63-60 (usurping public office) by attending Board meetings and pretending to serve as Trustees when they are, in fact, only Trustees-elect.
They can become full-fledged Trustees only by taking the oath of office legally. They could have done this at any time after December 4, 2018.
The big question is why have they not taken the oath of office legally?
Why has the Board tolerated their illegal participation?
To compound matters, Trustee-elect McKie was allowed to serve as Board Chair from November 13, 2018 until June 30, 2019. She was not a legal Board member and, thus, could not serve as legal Board Chair. During that period of time she signed legal documents related to a $26,000,000 sale of Bond Anticipation Notes.
At the end of June, Trustee-elect Holmes was elected as an officer of the Board (Board Vice Chair). Since she is not legally a Board member, she cannot serve legally as Vice Chair.
WHAT CAN YOU DO?
Contact any or all of the Board members and tell them that you want them to correct this important legal problem without further delay.
Right now the Board has five legal members. A quorum for conducting Richland 2 business is five. If any one of the legal five members is not present, that meeting cannot be held as a official meeting. If one of the legal five arrives late, the meeting cannot start without him or her. If one of the five leaves early, no further action can be officially taken.
Post a comment below, too.
Saturday, August 10, 2019
Transgender students?
I wonder what the policy regarding transgender students is at Richland 2 School District. Read this article from the NC Family Policy Council.
Restrooms? Are the restrooms still marked Boys and Girls?
Sports? If a boy decides he's really a girl, does he get to change and shower in the girls' dressing rooms? Is there a girls' wresting team? Do you want a trans-boy wrestling with your daughter?
Parents: Are you paying attention?
Parents had better get ahead of the curve here on this issue. Showing up after the fact (after the board springs a decision on you) will not do you any good. Be informed of anything coming down the pike in Richland County on this issue. Speak up now and know where your board members stand.
How can you find out?
Ask them. By phone. In writing. And then hold them accountable.
Who runs Richland 2 School District?
The South Carolina School Boards Association does not run Richland 2. You do!
Restrooms? Are the restrooms still marked Boys and Girls?
Sports? If a boy decides he's really a girl, does he get to change and shower in the girls' dressing rooms? Is there a girls' wresting team? Do you want a trans-boy wrestling with your daughter?
Parents: Are you paying attention?
Parents had better get ahead of the curve here on this issue. Showing up after the fact (after the board springs a decision on you) will not do you any good. Be informed of anything coming down the pike in Richland County on this issue. Speak up now and know where your board members stand.
How can you find out?
Ask them. By phone. In writing. And then hold them accountable.
Who runs Richland 2 School District?
The South Carolina School Boards Association does not run Richland 2. You do!
Friday, August 9, 2019
Agenda for August 13th Meeting?
Usually the agenda for the next school board meeting is posted by the end of the day on the Thursday before the Tuesday meeting. For the August 13th meeting, then, the agenda would have been posted on the school's website by 5:00PM on Thursday, August 8, 2019.
When that didn't happen, I watched for it today, Friday, August 9. And it didn't happen today, either.
This means, unless somebody works tonight or over the week-end (and let's hope they do not), the agenda will not be published until the day before the meeting, which will be Monday, August 12.
The South Carolina Freedom of Information Act requires that the agenda be posted 24 hours before the meeting.
Since the meeting will likely open at 5:30PM on Tuesday, August 13, you can expect the agenda to be published and posted no later than 5:30PM on Monday, August 12.
The first order of business is a motion to go into Executive Session, which often lasts at least one hour. The Executive Session is a closed meeting, not open to the public. After the Executive Session, the board members return to the main room and re-convene in open session.
The agenda for a meeting usually states the time for the re-convening of the open session.
See the agenda on the District's website, www.richland2.org
At the upper right, click on EXPLORE
Click on School Board
Click on AGENDA
Under Meetings, check the date of the Agenda and click on it
Click on View the Agenda
Scroll down through the Items on the Agenda
To see details, click on the Item.
If an attachment is available for the Item, click on it for details
When that didn't happen, I watched for it today, Friday, August 9. And it didn't happen today, either.
This means, unless somebody works tonight or over the week-end (and let's hope they do not), the agenda will not be published until the day before the meeting, which will be Monday, August 12.
The South Carolina Freedom of Information Act requires that the agenda be posted 24 hours before the meeting.
Since the meeting will likely open at 5:30PM on Tuesday, August 13, you can expect the agenda to be published and posted no later than 5:30PM on Monday, August 12.
The first order of business is a motion to go into Executive Session, which often lasts at least one hour. The Executive Session is a closed meeting, not open to the public. After the Executive Session, the board members return to the main room and re-convene in open session.
The agenda for a meeting usually states the time for the re-convening of the open session.
See the agenda on the District's website, www.richland2.org
At the upper right, click on EXPLORE
Click on School Board
Click on AGENDA
Under Meetings, check the date of the Agenda and click on it
Click on View the Agenda
Scroll down through the Items on the Agenda
To see details, click on the Item.
If an attachment is available for the Item, click on it for details
Thursday, August 8, 2019
Quorums and Roll Calls
At the August 6, 2019 Special Called Board Meeting it was fortunate, in my opinion, that there were no votes on any items. Wait! There was a vote. And, had it been taken correctly, the meeting might never have gotten underway. [CORRECTION. (8/9/19) There was a vote on the Executive Session item "diploma petition". Mr. Manning's voice can be heard on the YouTube recording of the meeting, but I did not hear him in the meeting room - because the microphones do not amplify board members' voices in the room.]
The School Board has slots for seven members. According to Board Policy, a quorum is five.
In other words, if five board members don't show up, there is no official meeting.
At 5:30PM, when Board Chair Manning called the meeting to order, Trustee James Shadd was not in his chair.
Here's the problem.
Amelia McKie and Teresa Holmes are not fully-qualified, duly-seated members of the board. In other words, their presence doesn't count - legally.
They took the oath of office illegally on November 13, 2018, so that is like never taking it at all. After they filed their Statements of Economic Interest Reports on December 4, 2018 with the South Carolina Ethics Commission, each became eligible to take the oath of office and enter upon official responsibilities. McKie and Holmes have never taken the oath of office legally.
So McKie and Holmes are not legally on the Board.
The legally-seated board members who were present at 5:30PM were Manning, Caution-Parker, Elkins-Johnson and Agostini. Count - 1-2-3-4. One short of a quorum.
The next problem is that this Board never calls the roll. At the beginning of the (first) open session, whether a Regular or Special Called Meeting, the Secretary should call the roll and record who is present and who is not present. Then there is a motion to go to Executive Session and a vote.
Shadd was present after the executive session, when the open session resumed. His absence should have been noted at 5:30PM, and his presence recorded at 6:43PM, when the open session resumed. Picky? Sure, but correct.
In some states the vote for Executive Session must be by individual calling of names, not en masse by show of hands. Then the board exits to a private meeting room for the Executive Session.
When the board reconvenes in open session (after the Executive Session), another roll call should be taken, again recording who is present and who is not.
The Minutes of the board meetings do contain attendance. The Minutes are prepared by a staff employee and presumably carefully read and approved by the Board Secretary before they are submitted to the board for approval. I don't think I have ever heard a board member on Minutes or request a correction.
The Richland 2 School Board is a public body. When time permits, I'll do some digging to learn more this aspect of the S.C. Open Meetings Act.
Regarding the August 6 Executive Session, was the purpose of one item adequately described? The Agenda reads, "Item 2.1 A Contractual Matter Regarding the Superintendent's Evaluation". Is that enough, or should the agenda have stated the nature of the contractual matter to be discussed?
The Newberry County Council had a $13.000 lesson in July 2017, because it had failed to describe adequately the topic to be discussed in an executive session.
And two years before that, the North Augusta (S.C.) City Council found itself in the S.C. Supreme Court over "proposed contractual matter".
So was it enough in the 8/6/19 Richland 2 Agenda to say it pertains to the Superintendent's evaluation? Or should there have been a little more detail?
South Carolina has a very weak Open Meetings Act, when compared to the state of my previous residence.
The School Board has slots for seven members. According to Board Policy, a quorum is five.
In other words, if five board members don't show up, there is no official meeting.
At 5:30PM, when Board Chair Manning called the meeting to order, Trustee James Shadd was not in his chair.
Here's the problem.
Amelia McKie and Teresa Holmes are not fully-qualified, duly-seated members of the board. In other words, their presence doesn't count - legally.
They took the oath of office illegally on November 13, 2018, so that is like never taking it at all. After they filed their Statements of Economic Interest Reports on December 4, 2018 with the South Carolina Ethics Commission, each became eligible to take the oath of office and enter upon official responsibilities. McKie and Holmes have never taken the oath of office legally.
So McKie and Holmes are not legally on the Board.
The legally-seated board members who were present at 5:30PM were Manning, Caution-Parker, Elkins-Johnson and Agostini. Count - 1-2-3-4. One short of a quorum.
The next problem is that this Board never calls the roll. At the beginning of the (first) open session, whether a Regular or Special Called Meeting, the Secretary should call the roll and record who is present and who is not present. Then there is a motion to go to Executive Session and a vote.
Shadd was present after the executive session, when the open session resumed. His absence should have been noted at 5:30PM, and his presence recorded at 6:43PM, when the open session resumed. Picky? Sure, but correct.
In some states the vote for Executive Session must be by individual calling of names, not en masse by show of hands. Then the board exits to a private meeting room for the Executive Session.
When the board reconvenes in open session (after the Executive Session), another roll call should be taken, again recording who is present and who is not.
The Minutes of the board meetings do contain attendance. The Minutes are prepared by a staff employee and presumably carefully read and approved by the Board Secretary before they are submitted to the board for approval. I don't think I have ever heard a board member on Minutes or request a correction.
The Richland 2 School Board is a public body. When time permits, I'll do some digging to learn more this aspect of the S.C. Open Meetings Act.
Regarding the August 6 Executive Session, was the purpose of one item adequately described? The Agenda reads, "Item 2.1 A Contractual Matter Regarding the Superintendent's Evaluation". Is that enough, or should the agenda have stated the nature of the contractual matter to be discussed?
The Newberry County Council had a $13.000 lesson in July 2017, because it had failed to describe adequately the topic to be discussed in an executive session.
And two years before that, the North Augusta (S.C.) City Council found itself in the S.C. Supreme Court over "proposed contractual matter".
So was it enough in the 8/6/19 Richland 2 Agenda to say it pertains to the Superintendent's evaluation? Or should there have been a little more detail?
South Carolina has a very weak Open Meetings Act, when compared to the state of my previous residence.
Wednesday, August 7, 2019
Thank you for speaking into the microphones
A big shout-out to Supt. Baron Davis for speaking into his microphone at the Special Called Board Meeting last night. Thank you. You could be heard and understand in the meeting room.
Teresa Holmes also spoke into her microphone. Thank you!
Now, a word to the other board members. Do you know that, when you sit back from your microphone and/or do not speak directly into it, your voice is not amplified in the room? Yes, it is picked up for the recording that is later broadcast on YouTube, but your soft voices cannot be heard by all who are actually seated before you in the room.
It was very difficult to hear Dr. Elkins-Johnson, Mrs. Agostini and Mr. Shadd. Board Secretary Caution-Parker didn't utter a peep during the portion of the meeting I attended.
Perhaps a short training class for the board would be helpful. The District's sound man could conduct it and coach the board members on where to place the microphone when they are speaking. Let them practice moving the microphone to about 6" from their mouth and then speaking into it. If they need lessons in elocution, provide them. A teacher (with tenure) from the speech department could coach them on breathing and voice projection. In other words, stop mumbling, Raise your head and speak into the microphone.
Little of what was said at the podium by the two staff members who presented the report on the Conference Center use could not be heard. And much of what was presented about the Meal Debt could not be heard. Dr. Elkins and Mrs. Agostini asked many questions about the process for collection. After the board comments and questions went on and on, the Board Chair interrupted with a request to halt the discussion and move on to other business.
While it is the board's prerogative to ask questions, the responsibility for Meal Debt management and collection is on the Superintendent's desk, and Supt. Davis correctly said so. The board members should be careful not to appear to be micro-managing the collection process. I felt that many of the good comments about the process should have been directed to the superintendent, not to the staffers.
I left at 7:49PM, when the board began wading through the many policy revisions on the agenda. I guess it's always possible that they set a record by moving swiftly through the revisions on the Agenda.
Teresa Holmes also spoke into her microphone. Thank you!
Now, a word to the other board members. Do you know that, when you sit back from your microphone and/or do not speak directly into it, your voice is not amplified in the room? Yes, it is picked up for the recording that is later broadcast on YouTube, but your soft voices cannot be heard by all who are actually seated before you in the room.
It was very difficult to hear Dr. Elkins-Johnson, Mrs. Agostini and Mr. Shadd. Board Secretary Caution-Parker didn't utter a peep during the portion of the meeting I attended.
Perhaps a short training class for the board would be helpful. The District's sound man could conduct it and coach the board members on where to place the microphone when they are speaking. Let them practice moving the microphone to about 6" from their mouth and then speaking into it. If they need lessons in elocution, provide them. A teacher (with tenure) from the speech department could coach them on breathing and voice projection. In other words, stop mumbling, Raise your head and speak into the microphone.
Little of what was said at the podium by the two staff members who presented the report on the Conference Center use could not be heard. And much of what was presented about the Meal Debt could not be heard. Dr. Elkins and Mrs. Agostini asked many questions about the process for collection. After the board comments and questions went on and on, the Board Chair interrupted with a request to halt the discussion and move on to other business.
While it is the board's prerogative to ask questions, the responsibility for Meal Debt management and collection is on the Superintendent's desk, and Supt. Davis correctly said so. The board members should be careful not to appear to be micro-managing the collection process. I felt that many of the good comments about the process should have been directed to the superintendent, not to the staffers.
I left at 7:49PM, when the board began wading through the many policy revisions on the agenda. I guess it's always possible that they set a record by moving swiftly through the revisions on the Agenda.
Special Called Meeting - waste and disrespect
Last night the Richland 2 School Board held a Special Called Board Meeting. The scheduled starting time was 5:30PM, and the Agenda showed that the Board would immediately go into Executive (closed) Session. And that's what they did.
But first a word about the room set-up. Apparently the board expected little or no turn-out from an audience, and they had the "wagons circled", effectively shutting out the public. The tables were set up in a U-shape, with the board and superintendent at the top and staff seated along both sides. And a podium set up at the open end of the U.
At 5:30PM a row of chairs was lined up along one wall. Along the other wall? Enough food to feed a lot of people. The district apparently treats the board to dinner, in exchange for showing up at a Special Called Meeting. A few of the board members helped themselves to food before leaving the room for the Executive Session. At least some of the food may have been catered by McCallister's.
There were about 20 District 200 staff members in attendance at 5:30PM. Few of them ate, and they all cooled their heels until the board finally returned about 6:43PM. Assuming these staff members are paid over-time or receive compensatory time-off for this after-hours duty, their waiting time is totally wasted, just waiting for the board to return.
Staffers should be asked to show up by the time when they are actually needed. This is certainly no sooner than the beginning of the public (open) session after the Executive Session; it could even be 10-30 minutes after the open session begins, because other agenda items precede staff reports.
The meeting agenda is created by the Board Chair and the Superintendent. Did they just overlook establishing the starting time of the open session? Did they expect that the main item in the Executive Session (pertaining to the superintendent) might take only 5-10 minutes?
The Board demonstrated great disrespect for the public and for the staffers who had nothing to do for an hour and ten minutes.
Just before the open session began, additional chairs were set up at the back of the room, and shortly about eight teachers showed up. They got the premier seating, where they might have had a better chance of hearing what was said during the meeting. When the open session began, there was no mention of any Executive Sessions items needing a vote.
A noteworthy item missing from the Special Called Meeting was the Pledge of Allegiance. Why is a Special-Called Meeting different from a Regular Meeting? It should be in every way just the same as a Regular Meeting, as the Board is the official governing body of the District, including a Public Participation segment.
And a regular feature of a Special Called Meeting seems to be food. Maybe the district should allow anyone present to partake of the refreshments. It appeared that a good amount of the food was going to left over. What would happen if the public just walked over and helped themselves to the left-over food?
Better yet, why is the food set up in the public meeting room or served at all? Board members are paid well for attending meetings. They could eat before arriving.
But first a word about the room set-up. Apparently the board expected little or no turn-out from an audience, and they had the "wagons circled", effectively shutting out the public. The tables were set up in a U-shape, with the board and superintendent at the top and staff seated along both sides. And a podium set up at the open end of the U.
At 5:30PM a row of chairs was lined up along one wall. Along the other wall? Enough food to feed a lot of people. The district apparently treats the board to dinner, in exchange for showing up at a Special Called Meeting. A few of the board members helped themselves to food before leaving the room for the Executive Session. At least some of the food may have been catered by McCallister's.
There were about 20 District 200 staff members in attendance at 5:30PM. Few of them ate, and they all cooled their heels until the board finally returned about 6:43PM. Assuming these staff members are paid over-time or receive compensatory time-off for this after-hours duty, their waiting time is totally wasted, just waiting for the board to return.
Staffers should be asked to show up by the time when they are actually needed. This is certainly no sooner than the beginning of the public (open) session after the Executive Session; it could even be 10-30 minutes after the open session begins, because other agenda items precede staff reports.
The meeting agenda is created by the Board Chair and the Superintendent. Did they just overlook establishing the starting time of the open session? Did they expect that the main item in the Executive Session (pertaining to the superintendent) might take only 5-10 minutes?
The Board demonstrated great disrespect for the public and for the staffers who had nothing to do for an hour and ten minutes.
Just before the open session began, additional chairs were set up at the back of the room, and shortly about eight teachers showed up. They got the premier seating, where they might have had a better chance of hearing what was said during the meeting. When the open session began, there was no mention of any Executive Sessions items needing a vote.
A noteworthy item missing from the Special Called Meeting was the Pledge of Allegiance. Why is a Special-Called Meeting different from a Regular Meeting? It should be in every way just the same as a Regular Meeting, as the Board is the official governing body of the District, including a Public Participation segment.
And a regular feature of a Special Called Meeting seems to be food. Maybe the district should allow anyone present to partake of the refreshments. It appeared that a good amount of the food was going to left over. What would happen if the public just walked over and helped themselves to the left-over food?
Better yet, why is the food set up in the public meeting room or served at all? Board members are paid well for attending meetings. They could eat before arriving.
Meal Plan Debt - Part II
After hearing most of the discussion regarding the Meal Plan Debt at last night's Special Called Board Meeting, I may have figured out the answer to one of my questions about the amount of the debt. That question is the amount owed by families, when the balance is less than $100.
The Meal Plan Debt is almost $242,000. The Update indicates that the district is trying to collect $218,000 from full-pay families, not from families of students on free or reduced-price lunch plans.
Number of letters sent to full-pay families: 939
Number of letters returned: 93 (10%)
Numbers of letters presumed delivered: 826
Debit of full-pay families owing $100 or more: $218,000
Average debt/family: $ 232.16 ($218000/939)
Total Meal Plan Debt: $242,000
Full-pay families ($100 or more) $218,000
Full-pay families (Less than $100): $ 26,000*
* Collection attempt is limited to phone calls and email, not threatening letters
197 families have coughed up $9, 137 so far. That's a paltry average of $46.38 per payment.
If 197 families had paid just the minimum amount of $100 targeted for collection, then the district would have received $19,700.
The Update indicated that 742 accounts remain targeted for collection. That number is 197 (the number of payments received) less than the 939 total accounts.
Will the district attempt to collect the balance on account for which only a partial payment was received?
If you would like to view the presentation to the board on the Meal Plan Debt and the discussion, see the YouTube recording for the August 6, 2019 Special Called Board Meeting. Pull the counter forward to 31:20 and hang on!
I missed this from Chief Financial Officer Dr. Miley's word in the meeting, when he said (about parents of full-pay students), "Some of them owe more than $1,500."
The entire discussion was very good and should be viewed by every parent. If you have comments, please post them below and inform your board member.
The Meal Plan Debt is almost $242,000. The Update indicates that the district is trying to collect $218,000 from full-pay families, not from families of students on free or reduced-price lunch plans.
Number of letters sent to full-pay families: 939
Number of letters returned: 93 (10%)
Numbers of letters presumed delivered: 826
Debit of full-pay families owing $100 or more: $218,000
Average debt/family: $ 232.16 ($218000/939)
Total Meal Plan Debt: $242,000
Full-pay families ($100 or more) $218,000
Full-pay families (Less than $100): $ 26,000*
* Collection attempt is limited to phone calls and email, not threatening letters
197 families have coughed up $9, 137 so far. That's a paltry average of $46.38 per payment.
If 197 families had paid just the minimum amount of $100 targeted for collection, then the district would have received $19,700.
The Update indicated that 742 accounts remain targeted for collection. That number is 197 (the number of payments received) less than the 939 total accounts.
Will the district attempt to collect the balance on account for which only a partial payment was received?
If you would like to view the presentation to the board on the Meal Plan Debt and the discussion, see the YouTube recording for the August 6, 2019 Special Called Board Meeting. Pull the counter forward to 31:20 and hang on!
I missed this from Chief Financial Officer Dr. Miley's word in the meeting, when he said (about parents of full-pay students), "Some of them owe more than $1,500."
The entire discussion was very good and should be viewed by every parent. If you have comments, please post them below and inform your board member.
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