S.C. Attorney General Alan Wilson has demanded the Charleston County School District's board of trustees respond to parent allegations that it has violated the state's open-records law, warning the officials they could face a potential lawsuit or criminal prosecution.
The Lexington Republican sent a letter Aug. 16 to the board after receiving several complaints from parents saying the board wasn't complying with the state's Freedom of Information Act.
The parents allege the board failed to provide proper notice of agenda items at two recent meetings.
Under the FOIA, all meetings held by public bodies, including school boards, must be open to the general public. Government officials also must properly notify the public of when the meetings will occur and what will be discussed.
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Wilson wrote in the letter that for decades the attorney general's office has told public agencies "when in doubt, disclose."
"This Office can and will bring suit against public bodies, who flout their duties under FOIA," Wilson wrote. "Moreover, a consistent pattern of FOIA violations can lead to possible criminal prosecutions for misconduct in office, which carry stiff criminal penalties."
The letter was Wilson's second in the span of a week targeting alleged misconduct by a school district. On Aug. 10 he called for the state's inspector general to launch an investigation of alleged misspending at the Richland One School District. In that letter, Wilson hinted his office could pursue legal action against the Columbia-area school system.
The parents who complained to Wilson's office allege the board of trustees failed to give them adequate notice of agenda items for a pair of July 18 meetings.
Wilson is requesting the board provide a general description of the district's effort to comply with FOIA, a detailed response to the allegations regarding the July 18 meetings, copies of the agendas and minutes for both meetings as well as all copies that existed of these documents in case they were changed or altered prior to the meetings' start.Â
He also asked for information on who made the changes to the agendas if they were revised before the meetings began.
"In short, FOIA cannot be ignored or circumvented, and this Office will work to ensure that the law is upheld," Wilson wrote.
The FOIA provides a few exceptions in which meetings can be closed to the public. Those exceptions include discussions of individual employment matters, government security, alleged criminal misconduct and business negotiations.
CCSD and the board didn't immediately respond to requests for comment.Â
During the July 18 meeting, CCSD's board voted to pass an amended motion splitting the district's policy manual in two — creating a board policy manual and a district policy manual. Splitting the manuals was recommended by the national education coalition Council of the Great City Schools, which was hired by the district to improve its governance structure.
The original motion would have given Superintendent Don Kennedy control over the district's manual, something parents and education advocates criticized because they believe the superintendent already has too much power. The amended motion slows down the timeline of when the split will occur and gives Kennedy time to review policies and make recommendations to the board.Â
Many of CCSD board of trustees' most controversial decisions have taken place behind closed doors. Former Superintendent Gerrita Postlewait resigned after a closed-door meeting on Dec. 29, for example. The board and members of the public were only notified about the meeting the day before. One member of the board, Cindy Bohn Coats, was unable to attend because of the lack of notice she received.
The reasons for Postlewait's departure are still unknown since neither she nor the board have commented on what was discussed during the meeting.
In June, the board decided to promote then-interim Superintendent Don Kennedy to temporary superintendent after a closed-door meeting. It has also interviewed firms it is considering hiring to conduct the search for a permanent superintendent during these executive sessions.
This story is being updated.
