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School trustees are violating the law
No matter how they try to dance around the issue, the Cherokee County School Board of Trustees have once again violated the spirit — if not the letter — of the South Carolina Freedom of Information Act (SCFOIA).
Trustees met in executive (a nice way to say secret) session Monday to discuss the fate of the Gaffney High School athletic trainer. While it is perfectly legal to discuss personnel matters behind closed doors, the SCFOIA specifically prohibits voting on the matter discussed before returning to public session.
Section 30-4-70(6)b) states: "No action may be taken in executive section except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by polling the members in executive session."
According to the minutes of that meeting "Mrs. Harper made the motion to direct the administration to meet with Mrs. McDaniel tomorrow to discuss the board's conclusion of the athletic trainer position."
It is obvious that the board reached some type of conclusion during its closed session and that could have only have been done by some type of polling or vote. How else does a group reach a conclusion. They did take the official vote in a public session the minutes reflect, but the motion referenced the "board's conclusion." There is no mention of just what that conclusion was so it had to be reached when our trustees were meeting behind closed doors.
This isn't the first time the school board has violated the SCFOIA and made decisions in secret. And it won't be the last if the residents of Cherokee County allow it to continue.
All it takes to put a stop to these secret votes is for one trustee to demand the law be adhered to by saying: "This is a violation of the law and if you continue I will inform the public of your illegal activity."
Is there one trustee on our school board who has the backbone to stand up for what is right?







