The absurdity continues.
Tomorrow night the school board will be asked by the superintendent to approve 45 (FORTY-FIVE) Board Policies Presumably these are all revisions to Board Policies, although the Agenda does not so state. Of course, this isn't solely the fault of the superintendent, because both the Board Chair and he created the agenda late last week.
Jamming 45 Policies into one meeting almost guarantees a lack of quality attention by the board members.
Let's say that each board member spent just five minutes carefully considering each revision. 45 x 5 = 225 minutes (almost four hours). Won't some of them be bleary-eyed or begin to skim, rather than read closely? Will some of them even bother to read any of them at all?
That whole revision project looks to me like a make-work project. The next thing they will be doing is going through each and every Policy to make it genderless.
I recall a neighbor who worked for the Federal Government telling me in 1972 that her job consisted of reading government documents and changing every "he" to "he or she" and every "him" to "him or her". And for that she earned $35,000/year (1972 dollars) I remember thinking that I should have been a government employee!
If she is still there, now she's probably now changing every "him or her" to the (grammatically incorrect) "they". This is now how newspaper reporters refer to the injured or deceased single-occupant driver of a vehicle. To be gender-correct (and wrong), they refer to him or her as "they".
Monday, August 12, 2019
8/13/19 Board Meeting - Special Recognition
At the August 13, 2019 Regular Board Meeting the Special Recognition portion is to include acknowledgement of 13 employees.
And two trustees-elect will be recognized for completing levels of "Boardmanship" with the South Carolina School Boards Association (SCSBA).
The problem? The two trustees-elect are not legitimate Board Members of the Richland 2 School Board and should not be members of the SCSBA.
The School District is on thin ice when it pays any membership fees or course fees for Amelia McKie's and Teresa Holmes' involvement with the SCSBA, because neither McKie nor Holmes has ever legally taken the oath of office to serve as a board member.
They are trustees-elect, not Trustees.
All they have to do is take the oath of office, and they will be official. But the District and the Board seem to have dug in their heels and refuse to obey, honor and respect the state law of South Carolina.
The longer this goes on, the more serious it becomes.
Both became eligible to take the oath of office on December 4, 2018, when they filed their Statements of Economic Interests with the South Carolina Ethics Commission.
Back in March a senior officer at the Richland County Sheriff's Department asked me why McKie and Holmes didn't just take the oath of office (legally). I didn't have an answer for him.
As I recall my interview with two SLED investigators at the South Carolina Attorney General's office in May, I was asked the same question. I still didn't have an answer.
And I still don't know the answer today.
But one day the District is going to have to answer that question.
And two trustees-elect will be recognized for completing levels of "Boardmanship" with the South Carolina School Boards Association (SCSBA).
The problem? The two trustees-elect are not legitimate Board Members of the Richland 2 School Board and should not be members of the SCSBA.
The School District is on thin ice when it pays any membership fees or course fees for Amelia McKie's and Teresa Holmes' involvement with the SCSBA, because neither McKie nor Holmes has ever legally taken the oath of office to serve as a board member.
They are trustees-elect, not Trustees.
All they have to do is take the oath of office, and they will be official. But the District and the Board seem to have dug in their heels and refuse to obey, honor and respect the state law of South Carolina.
The longer this goes on, the more serious it becomes.
Both became eligible to take the oath of office on December 4, 2018, when they filed their Statements of Economic Interests with the South Carolina Ethics Commission.
Back in March a senior officer at the Richland County Sheriff's Department asked me why McKie and Holmes didn't just take the oath of office (legally). I didn't have an answer for him.
As I recall my interview with two SLED investigators at the South Carolina Attorney General's office in May, I was asked the same question. I still didn't have an answer.
And I still don't know the answer today.
But one day the District is going to have to answer that question.
Sunday, August 11, 2019
School Board should direct, not manage
The Special Called Board Meeting on August 6, 2019 should prompt a reminder to board members of their own duties and powers.
The board directs. It does not manage the School District. That's the job of the Superintendent. He is the Administrator, and he alone tells staff what to do and not do.
During the nitpicking of the Meal Plan Debt segment of the meeting (which should have been a five-minute report), many requests were made to staff members; ex., copies of letters to be sent to parents; information about the debt per school, the age of the debt, etc.
The questions are fine, but they should have been directed to the superintendent.
A review of certain Board Policies might be helpful to some of the board members.
Policy BBA Board Powers and Duties reads, in part,
It may be necessary for the superintendent to run interference and "protect" his employees from Board Member requests. I'm confident that CFO Miley and Will Anderson are creating carefully-worded letters that should prompt responses from parents regarding the meal debt.
The original plan was to send three letters to parents. At the meeting it was explained that the superintendent directed the staff to send four letters, with the fourth letter informing parents that the debt would be sent to Collection, if a parent did not contact the District about the debt.
How many times do you have to ask for parents to step up to their responsibility? The three-letter plan was sufficient. If you continue to ask and ask and ask, parents actually learn that they don't have to respond, because you will just keep asking. Keep in mind that they had plenty of warning of the increasing debt through weekly phone calls and emails, which they must have ignored.
The board directs. It does not manage the School District. That's the job of the Superintendent. He is the Administrator, and he alone tells staff what to do and not do.
During the nitpicking of the Meal Plan Debt segment of the meeting (which should have been a five-minute report), many requests were made to staff members; ex., copies of letters to be sent to parents; information about the debt per school, the age of the debt, etc.
The questions are fine, but they should have been directed to the superintendent.
A review of certain Board Policies might be helpful to some of the board members.
Policy BBA Board Powers and Duties reads, in part,
Executive
The board will employ a superintendent to serve as the chief executive officer. In that role, the superintendent performs administrative duties for the board by virtue of the powers delegated to him/her. The board will hold the superintendent accountable for the proper and efficient administration of the district.
Policy BBAA Board Member Authority And Responsibilities reads, in part,
The board and its members will deal with administrative services through the superintendent and will not give orders to any subordinates of the superintendent either publicly or privately but may make suggestions and recommendations.
Policy BC Board Member Conduct reads, in part,
It is the responsibility of each board member to do the following (in part):
- Understand that the basic function of a school board is policymaking, not administration, and accept the responsibility of learning to discriminate intelligently between these two functions.
The original plan was to send three letters to parents. At the meeting it was explained that the superintendent directed the staff to send four letters, with the fourth letter informing parents that the debt would be sent to Collection, if a parent did not contact the District about the debt.
How many times do you have to ask for parents to step up to their responsibility? The three-letter plan was sufficient. If you continue to ask and ask and ask, parents actually learn that they don't have to respond, because you will just keep asking. Keep in mind that they had plenty of warning of the increasing debt through weekly phone calls and emails, which they must have ignored.
Saturday, August 10, 2019
Update on the School Board
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.
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.
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.
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