Staff Writer

Editor’s note: The Fairfield County school board originally planned to go into a closed meeting executive session at last Thursday’s called meeting ‘regarding a petition for removal of board members.’

According to the original agenda and notice sent out as of last Tuesday, the board planned to go into executive session based the removal issue being considered as a personnel issue.

Had this been the case, the board might have been meeting in an illegal executive session.

Closing the meeting for a personnel issue is one of the exemptions allowed by the SC Freedom of Information Act (FOIA), but school board members are not considered employees of the school district.

After seeking advice from our legal counsel and the South Carolina Press Association, The Herald Independent advised board secretary Bob Drake and school attorney David Duff that the board could not go into executive session to discuss personnel issues regarding that petition, as the school board members were not employees of the school district. We requested that they revise the agenda to comply with the S.C. FOIA.

Following this discussion, the school district revised the agenda to read ‘the secretary will entertain a motion to go into executive session regarding a petition for removal of board members. (The motion will include going into executive session for receipt of legal advice concerning removal proceedings; no proceedings will occur at this time)’.

An executive session for receipt of legal advice is an exemption covered under the S.C. FOIA.

Fairfield County Board of Trustees for the school district held a special called meeting at the district office Thursday, June 19.

The meeting was called to order by Secretary Bob Drake.

After prayer, pledge of allegiance and welcome to the new staff writer for the Herald Independent, a quorum was established with all board members being physically present except Catherine Kennedy who joined the meeting by way of speakerphone.

Kennedy questioned the need for this special meeting and was told by Superintendent Ingram that timing was critical to secure a principle for the Middle School.

Ingram later said that the last candidate for principal had reconsidered the position and another candidate was being submitted.

The recommendation for certified administrative personnel passed with a 7-0 vote.

Before the vote was taken to go into executive session for the purpose of legal advice, Annie McDaniel wanted the record to reflect that she felt, “ill prepared” to discuss the legal matter since she had not received the document to be discussed in enough time to study properly. Harold Heath commented that the petition document that was to be discussed in executive session had been placed on chairs prior to the meeting.

The vote to enter executive session was passed 7-0.

Attorney David Duff joined the board in executive session to discuss a petition that was submitted for the express purpose of removing members from their place on the Board of Trustees.

After a lengthy time in closed door session the board agreed 7-0 to end the executive session phase of the meeting.

Bob Drake said that the board had received a “briefing of legal council” during the executive session and that “no action had been taken”.

Drake went on to ask if there were any motions.

Hearing none he asked for a motion to adjourn. The motion and second was followed by a vote of 6 yes votes to adjourn and 1 abstention from Annie McDaniel.

The next board meeting will be Tuesday, June 24.