You can tell it's election season right around the bend.
The first email I received about the three days of free COVID-19 testing at Rice Creek Elementary came from State Sen. Mia McLeod. The second came from State Rep. Ivory Thigpen.
I may be the only person in the Richland 2 School District who wonders WHY this is being done at Rice Creek Elementary.
Schools are closed right? Presumably, the buildings have been deep-cleaned and sanitized.
Now Rice Creek Elementary will be the site of COVID-19 testing. Is this outside, drive-through only? Or will possible carriers of the virus be admitted into the school building? The announcement reads Drive-Thru and Walk-Up.
I don't recall hearing any mention at a school board meeting, when the Administration requested approval from the Board to permit this use of the building, especially since it is related to the pandemic about which many are worried.
The current school board has turned far too much discretionary authority over to the Administration.
Was this use of Rice Creek Elementary discussed at the April 28, 2020 Regular Meering?
If it was, the public will not know it, because the Zoom recording of the meeting has not been published by the District on YouTube or on the District's website.
Monday morning I emailed Supt. Davis to ask when it would be posted. As of now, he has not replied. Did the District botch the recording? If it didn't, is there a reason it is being withheld?
Remember all the hoopla surrounding the announcement that Zoom technology was going to be used and how the public would be able to watch a recording of the meeting?.While it was possible to watch it if you tuned in during the time for the meeting, it should be posted afterwards for those who didn't or who couldn't.
Maybe I'll hear from the Supt. or the Board Chair or someone else on Wednesday. Or maybe it will be posted on Wednesday.
NOTE: Will the doors of the school remained locked? Will no one be allowed to enter the school - for any reason, including bathroom use?
Tuesday, May 5, 2020
Monday, May 4, 2020
McKie Still Owes $51,750
According to the South Carolina Ethics Commission today, Trustee-elect Amelia McKie of the Richland 2 School Board still owes $51,750. (The term "Trustee-elect" is used, because McKie has never taken the oath of office legally and is, in my opinion, an illegitimate member of rhe board.)
Her debt was created by repeated failures to file required forms with the Ethics Commission over a period of four years.
The Commission held a hearing in 2018 and assessed fines. When she didn't pay the fines, penalties were added. When she didn't make any payments, the Ethics Commission filed a Judgment in Richland County Common Pleas Court in July 2019.
And still she hasn't paid.
The South Carolina Department of Revenue is responsible for collecting debts to the State. The DOR cites privacy rules in its refusal to disclose any collection action being taken.
According to the 4/3/2020 Debtors' List on the Ethics Commission's website, it is owed a total of $2,717,461.32. The largest debt is $212,746.60, and the date of the oldest debt is 2001.
How much longer will the Richland 2 School Board tolerate the presence of a person on the board who thumbs her nose at an Ethics Commission debt? If McKie assigned her whole $900/month school board income to this debt, she wouldn't even get it paid off before the end of her term in November 2022.
Her debt was created by repeated failures to file required forms with the Ethics Commission over a period of four years.
The Commission held a hearing in 2018 and assessed fines. When she didn't pay the fines, penalties were added. When she didn't make any payments, the Ethics Commission filed a Judgment in Richland County Common Pleas Court in July 2019.
And still she hasn't paid.
The South Carolina Department of Revenue is responsible for collecting debts to the State. The DOR cites privacy rules in its refusal to disclose any collection action being taken.
According to the 4/3/2020 Debtors' List on the Ethics Commission's website, it is owed a total of $2,717,461.32. The largest debt is $212,746.60, and the date of the oldest debt is 2001.
How much longer will the Richland 2 School Board tolerate the presence of a person on the board who thumbs her nose at an Ethics Commission debt? If McKie assigned her whole $900/month school board income to this debt, she wouldn't even get it paid off before the end of her term in November 2022.
Sunday, May 3, 2020
Head in the game?
While waiting for the Richland 2 School District to post the video-recording of the April 28, 2020 Regular Meeting on YouTube.com, I listened again to the recording of the April 21, 2020 Special-Called Board Meeting.
How important is it for board members to listen and to pay attention? Even when they are sitting comfortably at home and participating in a Zoom meeting?
Go to the April 21, 2020 meeting here.
You'll notice what happens right at the beginning of the meeting. Board Chair James Manning calls for a motion to approve the agenda for the meeting. There is silence for THIRTEEN (13) seconds!!!
Because it is a Zoom meeting the viewer can see all the board members. They just sit there. WHY?
Finally, after 13 seconds, Trustee-elect McKie speaks and makes a motion to convene the meeting.
Never before has there been a motion to convene the meeting. At this point the Board Chair repeats his request for a motion to approve the agenda, and McKie makes that motion. This is what I mean by "having your head in the game."
First of all, why did it take 13 seconds to respond to the Chair's request. And then why was the wrong motion made?
For some reason unknown to the public, the District has not yet posted the April 28, 2020 Regular Meeting. Usually meeting videos have been posted within two days of the meeting. The District has not yet posted any explanation for the delay.
How important is it for board members to listen and to pay attention? Even when they are sitting comfortably at home and participating in a Zoom meeting?
Go to the April 21, 2020 meeting here.
You'll notice what happens right at the beginning of the meeting. Board Chair James Manning calls for a motion to approve the agenda for the meeting. There is silence for THIRTEEN (13) seconds!!!
Because it is a Zoom meeting the viewer can see all the board members. They just sit there. WHY?
Finally, after 13 seconds, Trustee-elect McKie speaks and makes a motion to convene the meeting.
Never before has there been a motion to convene the meeting. At this point the Board Chair repeats his request for a motion to approve the agenda, and McKie makes that motion. This is what I mean by "having your head in the game."
First of all, why did it take 13 seconds to respond to the Chair's request. And then why was the wrong motion made?
For some reason unknown to the public, the District has not yet posted the April 28, 2020 Regular Meeting. Usually meeting videos have been posted within two days of the meeting. The District has not yet posted any explanation for the delay.
Tuesday, April 28, 2020
New Board Policy needed re email addresses
The following email was sent to Richland 2 school district on April 27. Watch tonight's meeting to see if a Trustee makes a motion for a new policy.
Mr. Manning and Supt. Davis,
Mr. Manning and Supt. Davis,
Board Policy BEDB permits the public to suggest items of business for consideration by the board.
I request a new Board Policy that would require all Board Members to use only official email accounts on the District's email server for school-related correspondence. Full compliance with FOIA Requests to the District can only be guaranteed, when the District controls the retention of email received by and sent by board members. The District-issued email address should replace the personal email address on the Board Members' webpage.
When a personal email account is used for official business, the District cannot control access to and retention of that email for responding to a FOIA request. Currently, two board members use personal accounts: Teresa Holmes and Monica Elkins-Johnson.
A board policy would require them to use an @richland2.org email address for all school-related correspondence. Please include a direction to Holmes and Elkins-Johnson to retain their personal email accounts beyond their term of office (for a specific term; ex., ten years) and not to delete any official correspondence.
It is my understanding that the SCSBA might condone use of personal email accounts; e.g., in small districts without an in-house server. Richland 2 is not in that category.
Will you please place my request on the agenda for the May 12, 2020 Regular Meeting or as soon thereafter as practicable? I shall be happy to address the board at a Regular Meeting and answer questions about the need for this policy.
Perhaps a board member will make a motion at this week's meeting to include this item.
Respectfully,
Gus Philpott
Monday, April 27, 2020
Two school board members using personal email
Even since Hillary Clinton got caught using a private email server for official business, the country has held an opinion that "official" business ought to be conducted on "official" email accounts.
Why? Because the unofficial emails are hidden from public view.
Before moving to South Carolina in 2014, I raised this exact issue in Illinois, when certain members of the Woodstock (Ill.) City Council were using personal email accounts for official business.
I attended a training for appointed and elected public officials that was conducted by the Office of the Illinois Attorney General. Since I was not an appointed or elected official, I held my questions until the officials had asked all their questions. And then I asked about use of private email accounts for handling official business.
The trainers from the AG's office said that should not be done.
After the meeting, the trainers thanked me for my good questions. I appreciated that.
Right here in the Richland 2 School District, there are two people on the board who use personal email addresses. One is Trustee Monica Elkins-Johnson, whose email address is "puttingstudentsfirst2012@gmail.com".
The other is Trustee-elect Teresa Holmes, whose email address is "docholmesschoolboard2@gmail.com". I write "Trustee-elect", because Holmes has never legally taken the oath of office after filing her Statement of Economic Interests Report on December 4, 2018.
Apparently, the South Carolina School Boards Association (SCSBA) believes it is okay for a school board member to use a personal email address.
Well, it's not. And the reason it is not, is because there is no guarantee that such email correspondence will be found in response to a FOIA Request to the School District. Only if ALL the emails are on the School District's email server is there a greater assurance (still not perfect) that a FOIA response will be complete.
Even if a board member agrees to comply with a FOIA request, could there be a Hillary Moment. Of course, there could.
More importantly, what about after that board member's term has expired? If Elkins-Johnson or Holmes leaves the school board, how will she preserve ALL the school-related emails?
The answer? She won't. With one click, she can delete that email account and the entire history will be gone. Later she can say, "Oops." But those emails will be gone.
Now is the time for a Board Policy that requires all school board members to use a District-server email account for all school board business.
Is there a Board member who will request such a new Policy?
OK, I'll get the ball rolling. I, as a member of the public, will request this issue be placed on the Agenda for a Regular Meeting. SEE Board Policy BEDB - Board Agenda. "Items of business may be suggested by board members, staff members, or the public."
Why? Because the unofficial emails are hidden from public view.
Before moving to South Carolina in 2014, I raised this exact issue in Illinois, when certain members of the Woodstock (Ill.) City Council were using personal email accounts for official business.
I attended a training for appointed and elected public officials that was conducted by the Office of the Illinois Attorney General. Since I was not an appointed or elected official, I held my questions until the officials had asked all their questions. And then I asked about use of private email accounts for handling official business.
The trainers from the AG's office said that should not be done.
After the meeting, the trainers thanked me for my good questions. I appreciated that.
Right here in the Richland 2 School District, there are two people on the board who use personal email addresses. One is Trustee Monica Elkins-Johnson, whose email address is "puttingstudentsfirst2012@gmail.com".
The other is Trustee-elect Teresa Holmes, whose email address is "docholmesschoolboard2@gmail.com". I write "Trustee-elect", because Holmes has never legally taken the oath of office after filing her Statement of Economic Interests Report on December 4, 2018.
Apparently, the South Carolina School Boards Association (SCSBA) believes it is okay for a school board member to use a personal email address.
Well, it's not. And the reason it is not, is because there is no guarantee that such email correspondence will be found in response to a FOIA Request to the School District. Only if ALL the emails are on the School District's email server is there a greater assurance (still not perfect) that a FOIA response will be complete.
Even if a board member agrees to comply with a FOIA request, could there be a Hillary Moment. Of course, there could.
More importantly, what about after that board member's term has expired? If Elkins-Johnson or Holmes leaves the school board, how will she preserve ALL the school-related emails?
The answer? She won't. With one click, she can delete that email account and the entire history will be gone. Later she can say, "Oops." But those emails will be gone.
Now is the time for a Board Policy that requires all school board members to use a District-server email account for all school board business.
Is there a Board member who will request such a new Policy?
OK, I'll get the ball rolling. I, as a member of the public, will request this issue be placed on the Agenda for a Regular Meeting. SEE Board Policy BEDB - Board Agenda. "Items of business may be suggested by board members, staff members, or the public."
"State of Emergency" - Really?
The Richland 2 School Board is using the Governor's declaration of a state of emergency as its pretext for holding its Regular and Special Meetings via Zoom; i.e., away from the prying eyes of the public.
Telecasting the meeting is not the same as having the public and the press right in the same room, where the audience can keep an eye on the entire board (including grimaces, body language, side conversations, use of cell phones).
What is a "state of emergency"?
Using the language in the City of Columbia's Code (ART. II, Sec. 31), it is "A state of emergency shall be deemed to exist within the city whenever, during times of great public crisis, disaster, rioting, civil disturbance or catastrophe, or for any other reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property."
In Richland County, THERE IS NO "great public crisis, disaster, rioting, civil disturbance or catastrophe". Not even in the State of South Carolina.
And what makes Columbia's ordinance, or at least part of it, unconstitutional is the wording "or for any other reason".
The City of Columbia could presumably declare a state of emergency if Mayor Benjamin got a hangnail. Assuming he could bully a majority of the City Council into agreeing with him.
A dangerous part of the state-of-emergency ordinance in the City of Columbia is this section:
So, just when law-abiding citizens might need self-protection away from home, the City of Columbia says it is illegal.
See you in court, buddy.
So the pretext (state of emergency) for closing off a Richland 2 board meeting is false, and the public should protest loudly about it.
Telecasting the meeting is not the same as having the public and the press right in the same room, where the audience can keep an eye on the entire board (including grimaces, body language, side conversations, use of cell phones).
What is a "state of emergency"?
Using the language in the City of Columbia's Code (ART. II, Sec. 31), it is "A state of emergency shall be deemed to exist within the city whenever, during times of great public crisis, disaster, rioting, civil disturbance or catastrophe, or for any other reason, municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property."
In Richland County, THERE IS NO "great public crisis, disaster, rioting, civil disturbance or catastrophe". Not even in the State of South Carolina.
And what makes Columbia's ordinance, or at least part of it, unconstitutional is the wording "or for any other reason".
The City of Columbia could presumably declare a state of emergency if Mayor Benjamin got a hangnail. Assuming he could bully a majority of the City Council into agreeing with him.
A dangerous part of the state-of-emergency ordinance in the City of Columbia is this section:
"Sec. 7-35. - Prohibited acts.
During the existence of a proclaimed state of emergency when a curfew has been defined and imposed under the provisions of this article, it shall be unlawful for anyone subject to curfew to:
(1)
Be or travel upon any public street, alley or roadway or upon public property unless such travel is necessary to obtain medical assistance;
(2)
Possess off one's own premises, buy, sell, give away or otherwise transfer or dispose of any explosives, firearms, ammunition or dangerous weapon of any kind; ..."
So, just when law-abiding citizens might need self-protection away from home, the City of Columbia says it is illegal.
See you in court, buddy.
So the pretext (state of emergency) for closing off a Richland 2 board meeting is false, and the public should protest loudly about it.
4/28/20 Meeting Time Corrected
The District's announcement regarding the April 28, 2020 Regular Meeting of the school board has been corrected pertaining to the starting time. The Executive Session will begin shortly after 6:00PM and the Regular meeting will resume at 6:30PM.
The location of the Regular Meeting is not shown in the April 28th updated press release, nor is it shown on the Agenda. The Board apparently plans to meet only via Zoom, effectively eliminating the public and the press from attending the open meeting.
While the announcement states that the meeting will be conducted via Zoom, it does not state that the meeting will not be held in the open and at the regular meeting location, which is at R2i2. Very likely, it will be held entirely remotely, with each board member "attending" from his or her remote location.
The announcement by the District reads, "Due to the restrictions on public gatherings, the meeting will be held using the “Zoom” online meeting platform. The public will be able to view the meeting at http://www.richland2.org/livestream."
The District has failed to explain the "restrictions on public gatherings". Exactly what are they?
When the South Carolina Governor imposed restrictions on groups of more than three people, here is what he had in mind. According to The State newspaper on March 23, 2020,
Richland 2 School Board could meet in Open Meetings at R2i2 and employ seating with social-distancing. But it chooses not to. This violates State law.
And, by meeting remotely, the District also violates the requirement that a quorum be present. For Richland 2, a quorum is five. (There are only five legitimate board members; Trustees-elect McKie and Holmes have never legally taken the oath of office.) While the law apparently does not say that a quorum must be present in person, it does not say that it need not. And that's important! It is understood that the quorum must be present in person.
Except that Richland 2 School Board chooses to "interpret" the law, rather than follow it.
Should Richland 2 be following the law - exactly?
The location of the Regular Meeting is not shown in the April 28th updated press release, nor is it shown on the Agenda. The Board apparently plans to meet only via Zoom, effectively eliminating the public and the press from attending the open meeting.
While the announcement states that the meeting will be conducted via Zoom, it does not state that the meeting will not be held in the open and at the regular meeting location, which is at R2i2. Very likely, it will be held entirely remotely, with each board member "attending" from his or her remote location.
The announcement by the District reads, "Due to the restrictions on public gatherings, the meeting will be held using the “Zoom” online meeting platform. The public will be able to view the meeting at http://www.richland2.org/livestream."
The District has failed to explain the "restrictions on public gatherings". Exactly what are they?
When the South Carolina Governor imposed restrictions on groups of more than three people, here is what he had in mind. According to The State newspaper on March 23, 2020,
“It would apply to parties on the beach, to boisterous gatherings or concerts, to spontaneous gatherings or unruly gatherings in shopping centers, parking lots,” McMaster said. “Those are the kinds of things and we have all seen them.
The order does not apply to is [sic] law-abiding businesses or employers, McMaster said."
NOTE: "The order does not apply to is (sic) law-abiding businesses or employers, McMaster said." (emphasis added)
Richland 2 School Board could meet in Open Meetings at R2i2 and employ seating with social-distancing. But it chooses not to. This violates State law.
And, by meeting remotely, the District also violates the requirement that a quorum be present. For Richland 2, a quorum is five. (There are only five legitimate board members; Trustees-elect McKie and Holmes have never legally taken the oath of office.) While the law apparently does not say that a quorum must be present in person, it does not say that it need not. And that's important! It is understood that the quorum must be present in person.
Except that Richland 2 School Board chooses to "interpret" the law, rather than follow it.
Should Richland 2 be following the law - exactly?
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