The law is absolutely clear.
Mrs. McKie was not eligible to take the oath of office on November 13, 2018, because she had not filed her Statement of Economic Interests Report (SEI). Therefore, the oath that she did utter on November 13th is worthless and invalid. Mrs. McKie first became eligible to take the oath on December 4, 2018, after she filed her SEI with the S.C. Ethics Commission. She has not taken the oath since becoming eligible to do so.
Every board member must acknowledge, respect and follow the law. And so should the School District’s legal counsel.
Has the Board actually read the previous attorney general’s (Henry McMaster) opinion? Is there more than one? Or is there only the April 2, 2008 Opinion, which I have read. If the board members read the actual opinion and if they have the ability to distinguish that case from the current questions, they will understand that that 2008 Opinion does not apply exactly to McKie. And they will understand that McKie is not legally on the board and that she cannot, therefore, serve as Board Chair.
Mrs. Agostini understands that. I believe that’s the reason she resigned from her position as Board Secretary.
Gus Philpott
Richland County
