Redo the August 20th, 2024 SCVCS Board Appointments
The SCVCS Board of Directors called a meeting on August 20th, 2024 with only three members present. This did not constitute a quorum of the Board which would have required
four Board Members (as outlined in Article IV, § 3. of the bylaws and S.C.
Code Ann. § 30-4-20(d)-(e)).
Additionally, of the Board Members present, greater than 50% were appointed Board
Members, not elected Board Members. This is a violation of the charter contract (§
4.2(B)(4) and § 4.5) and the Charter Schools Act (S.C. Code Ann. § 59-
40-50 (B)(9)).
At this meeting, the board took action to fill a vacancy for a duration that surpassed the seat's term (a violation of Article IV, § 4 of the bylaws which only permits appointing an interim to fulfill the remainder of a term) and re-appointed themselves for an additional term (a violation of Article IV, § 3 of the bylaws that dictates appointments are always filled in odd years).
Additionally, the newly appointed member participated in board action prior to the administration of her oath (a violation of state law S.C. Code Ann. § 8-3-10). Her oath was also administered virtually (a violation of S.C. Code Ann. §26-2-40 which allows for electronic notarization of oath documents but the state does not yet permit remote online administration).
The newly appointed member swiftly resigned in acknowledgement of the misconduct of the remaining board members. The Board Chair has drafted an agenda for the October 15th regular meeting that intentionally excluded elected board members from providing nominations for the vacant seat or participating in voting to fill the vacant seat, claiming they are not yet official members. This violates Robert's Rules of Order (RONR Chapter XIV, §46) which espouses that an elected member takes possession of office immediately upon his election even if an installation ceremony (such as the oath) is prescribed.
The members of SCVCS (defined in Article III of the bylaws) agree that the actions taken at the August 20th meeting were invalid, and demand that all three SCVCS appointments (the vacant seat and those being invalidly held by Ms. Suber and Ms. Oliver) be redone. The members additionally demand that this be done at the October 15th, 2024 regular meeting and conducted in a way that includes input and participation from all directors elected by SCVCS members and maintains the requirements that the presiding director (the Chair) remain necessarily impartial (RONR Chapter II §3:9) and refrain from bias or debate while presiding (RONR Chapter XII §43:29).
Comment