What is the Authority of the Board Chair?

The Richland 2 School Board is supposed to have seven members, who are called Trustees. They are elected for four-year terms, which are staggered. Four were elected in November 2018. Three will be elected in November 2020.

At the last meeting of the School Year, which ends June 30th, the Board elects its Officers for the following school year. They serve from July 1 to June 30.

Board Policy BBAA - Board Member Authority and Responsibilities clearly specifies what individual members of the Board can and cannot do. The Board Chair is a member of the Board, and his authority is limited by Policy BBAA.

Paragraph 2 of BBAA begins with, "Board members acting as individuals have no authority over personnel or school affairs except when such authority is specifically delegated to a member by the board. Such authority will be given to an individual board member, including the chair, by a majority of the board."

Recently an issue came up with a letter that was sent by Board member James Shadd in his position as Board Chair. The point made at a board meeting was that the board had never authorized him to send such a letter. He could have sent it as an individual without mentioning Richland 2, but it was apparently sent on behalf of the District. 

The Board Chair is one of seven. 

Now we all know that, if Shadd wants the Board's permission to do something, he has plenty of followers on the board who will approve. But he should have asked. Votes on anything he wants will be 6-1 or 5-2. In a rare circumstance where he might have to recuse himself, the vote will still be 5-1 or 4-2. 

That's the Board that voters and taxpayers have to live with until the tide changes in Richland 2.

District Violated Board Policy on Nov. 13, 2018

The Richland 2 School District violated its own Policy BBB, when it swore in Amelia McKie and Teresa Holmes on November 13, 2018. Therefore, there is one more reason that McKie and Holmes are not legitimate members of the Board.

Heretofore, I have asserted that McKie and Holmes are not legitimate members of the board because they violated S.C. Code of Laws Section 8-13-1110(A) by taking the oath of office and commencing their responsibilities before they filed their Statements of Economic Interests with the S.C. Ethics Commission. That assertion of that violation is still true.

Now comes the second point by which they are illegitimate members of the Board.

The second paragraph of Board Policy BBB reads, in part, "The term of office of every elected trustee of the school district must commence one week following the certification of his/her election." [emphasis added]

McKie and Holmes were sworn in on November 13, 2018 (less than one week following certification of their election), and their notarized oaths of office are dated November 13, 2018.

The 2018 election of school board members was November 6, 2018.

The election was certified by the Richland County Elections Commission on November 9, 2018.

This means that the term of office for McKie and Holmes began on November 16, 2018, not on November 13. They should not have been seated at the November 13th Board Meeting, and their votes on any matters should be removed from the record. 

McKie and Holmes never took the oath of office at the beginning of their term of office. If the practice of Richland 2 is to administer the oath at the beginning of the term of office, why did it administer it three days early? McKie and Holmes should not have been seated at the November 13th board meeting.

They didn't even become eligible to take the oath of office until December 4, 2018, when each filed her Statement of Economic Interests with the Ethics Commission. December 4th is the earliest date they could have legally taken the oath of office. The only date they took the oath was November 13, 2018.

In addition to violating State law, they violated District Policy. The District may claim that the oath can be administered before the term of office begins, as far as the Board Policy goes. Had McKie and Holmes filed their SEIs, then the only problem would be that they were seated before the Board Policy allowed. BUT they had not filed their SEIs, and they were not eligible to take the oath under State law.

McKie and Holmes have been eligible to take the oath of office since December 4, 2018; yet they have not. They have been allowed to attend confidential Executive Sessions and to vote on student and District matters. They have been paid. They have probably been reimbursed for expenses. Who pays for their membership in the South Carolina School Boards Association?

McKie, while not yet a legitimate member of the board, serves as a Director of the SCSBA. The SCSBA is aware of the challenge to her position on the Richland 2 School Board; yet it allows her to serve.

Should Tax Liens rule out candidacy?

James Shadd, current Board Chair of the Richland 2 School District and candidate for re-election in November, has five unsatisfied tax liens in South Carolina. Should this knock him out of the running?

According to the South Carolina State Tax Lien Registry (https://mydorway.dor.sc.gov) last week, these outstanding liens are public record.

A lien filed 12/29/2014 has a balance of $11,205.03

A lien filed 3/30/2017 has a balance of $6,521.10

A lien filed 4/12/19 has a balance of $10,201.59

A lien filed 4/12/2019 has a balance of $7,448.14

A lien filed 5/8/2020 has a balance of $11,181.42

That's a total of $46,557.28.

Two personal tax liens have been paid off. They were paid on 6/17/2019 and 7/22/2020.

Four business tax liens against the Shadd Law Firm LLC were paid on 6/24/2015, 4/22/2016 (2), and 7/3/2017.

Apparently, there is no law in South Carolina that says you can't run for public office if you don't pay your state income taxes.

Maybe, then, it's just up to the voters to say, You're not going to be elected to office, if you don't pay your taxes."

Richland 2 and COVID-19

How are Richland 2 schools doing with COVID-19?

Beginning Friday, September 4, 2020 you can find out whether Richland 2 has any students and staff test positive for COVID-19. All you have to do is click on www.scdhec.gov/COVID19schools

DHEC plans to publish reports on the afternoons of Tuesdays and Fridays.

The reports will include K-12 students who "attend in-person classes regularly," according to The State newspaper today.. Reports will also include positive cases of employees who are physically present at schools.

Those involved in e-learning and who don't come to schools regularly for extra-curricular activities will not be counted.

The State reports that college students are excluded. 

Board Candidates' Panels on Facebook

On Wednesday and Thursday of this week (August 26-27) Gretchen Barron hosted Facebook LIVE panels for Richland 2 school board candidates.  

On Wednesday candidates McFadden, Meisner, Shadd and Terry responded to questions, and on Thursday candidates Agostini, Jacobs, Bell-Williams and Wright were there. Monica Elkins had a conflict with another meeting, and James Mobley was not present.

The candidates and the host did a great job.

The panel discussions are archived on Gretchen Barron's Facebook page. Go to her FB page and look for Aug. 26 (Part 1) and Aug. 27 (Part 2).

Or click here for her page, and toggle on the left arrow to move from Part 1 to Part 2.

Just before the end of each night's recording each candidate provides contact information. If you'd to know phone numbers, email addresses, website, etc., you can find them there.

I may be the only person on the planet challenged around making Facebook LIVE perform. There was a chat window on the page I was viewing, but I was unable to see the questions provided by other viewers. Gretchen later guessed that I may have been on a "Watch" page (whatever that is).

McKie - No Payment. Not a Penny!

Amelia McKie owes $51,750 to the South Carolina Ethics Commission, as of today.

How much has she paid on her debt? Not a penny. Not a single penny.

The Ethics Commission fined her for numerous violations (Eight Counts) of filing requirements between 2015 and 2018. Not one. Not two. Numerous!

July 3, 2018 The Ethics Commission issued a Decision and Order against Amelia McKie and ruled that McKie owed a total of $41,000, composed of a Reduced Late-filing Penalty of $24,425 plus a Civil Penalty of $16,000 plus an administrative fee of $575. McKie was ordered to pay $20,000 by December 31, 2018 and the remaining $21,000 by June 30, 2019.

The Ethics Commission further ordered that, if McKie did not pay in full within the time period specified, then a judgment in the amount of $51,750 would be filed against her in Richland County Court.

She did not pay even one penny.

July 10, 2019 A judgment of $51.750 was entered in Richland County Common Pleas Count against McKie. The Case No. is 2019CP4003809. 

The judgment is supposed to be collected by the S.C. Department of Revenue.

According to the Ethics Commission today, the balance due is still $51,750.

The 2018-2022 term for a board trustee runs to November 2022. If McKie started paying monthly in equal installments, with a commitment to pay off her debt by the end of the current term, she would have to pay $1,990 every month. 

The Richland 2 School District deserves trustees with impeccable financial history. Trustees are responsible for multi-millions of dollars of money, bonds, and assets. It's bad enough that McKie owes $51,750 and worse that she has made NO payment toward her indebtedness in two years. Not even token payments.

Adding insult to injury is the fact that she is not even a legal member of the Board, since she has never taken the oath of office legally. When the District finds itself forced to recover the $900/month it improperly paid out to a person who was not a legitimate member of the board, that will add $19.800 ($900 x 22) to her debt load.

In January or February 2019 a parent in the District asked during Public Participation at a Board Meeting for McKie to step down. McKie did not, and the rest of the Board won't insist on it. 

There is no appeal to her Ethics Commission debt, and I've been told that the S.C. DOR doesn't negotiate. The time allowed for appeal ran out a long time ago. When will the DOR collect on that judgment? It can take assets, and it can garnish her Richland 2 wages.

No oath. Lose eligibility to serve?

What happens when a candidate for office is elected and is "qualified" to serve, but never takes the oath of office after becoming eligible* to take it?

According to South Carolina state law (S.C. Code of Laws Section 8-13-1110(A)), the person elected cannot take the oath of office OR begin serving in that office until his (her) Statement of Economic Interest has been filed.

What happens in the case where the person elected files the SEI but then does not take the oath of office? 

First of all, it is illegal for that person to serve and to perform the responsibilities of the elected office.

Secondly, the public body should not pay any taxpayer funds to that person, because she is not legally in office.

Thirdly, the person who serves without taking the oath of office is usurping public office.

Are low-paid employees of the public body (here, the Richland 2 School District), who are just doing their jobs as trained and directed, liable for disbursing public monies illegally?

Are their supervisors, managers and department heads liable? Is the school district's superintendent liable?

How about the Board of Trustees (here, the School Board)? If they know about the problem and do nothing about it, are they complicit in the violations of the law?

The Richland County Elections Commission has been asked to determine whether an elected person loses eligibility to take the oath of office after some period of time?

On November 6, 2018 Amelia McKie and Teresa Holmes were elected to office.

On November 13, 2018 McKie and Holmes took the oath of office illegally. They had not filed SEIs. They were allowed to take seats at the November 13, 2018 Regular Meeting. They participated in the meeting and voted on motions. Although they were "qualified" for the office as Trustee, they were not eligible yet.

On December 4, 2018 McKie and Holmes filed their SEIs with the S.C. Ethics Commission. On that date they became eligible to take the oath of office and commence their official duties.

McKie and Holmes have not taken the oath of office (legally) on or after December 4, 2018. That is almost 21 months ago. Nearly two years!

The School District has paid them a monthly salary ($900.00?) and paid their expenses, such as S.C. School Boards Assn. memberships. No doubt that other expenses have been paid or reimbursed for them.

They are not legitimate board members. To become legitimate board members, all they need to do is take the oath of office on or after December 4, 2018. 

According to the Richland 2 School District, as of August 20, 2020 they have not done so (except for the oath they took improperly on November 13, 2018).

Do you agree that they should take the oath of office immediately or be prevented from further participation on the School Board? Please let me know by comment below, by phone or text (847/971-7083), or by email to gusphilpott@gmail.com. Your response will be treated confidentially.

* The oath of office should not have been administered to McKie and Holmes on November 13, 2018, because the Elections Commission had not yet certified their election. The election was certified on November 9th and the earliest they could have taken office was one week later, on November 16, 2018, had they already filed their SEIs, which they hadn't.