SC judge dismisses The State’s open meetings lawsuit against LR5. Here’s why
The State Media Co.’s lawsuit against a local school district has been dismissed.
Senior editor Paul Osmundson filed suit last year against the Lexington-Richland 5 school district over alleged violations of the S.C. Freedom of Information Act involving the school board’s handling of the departure of Superintendent Christina Melton.
The suit alleges the Lexington-Richland 5 school board approved a settlement agreement with Melton, including a payment of $226,368, behind closed doors and without a public vote as required by state law.
The lawsuit also challenged the board’s assertion that its executive officer committee meetings should not be open to the public.
The dismissal by Judge Alison Lee on Thursday did not address the substance of Osmundson’s complaint. Rather, she ruled that a hearing had not been scheduled on time.
Under state law in a Freedom of Information complaint, “a hearing must be held within ten days of the service on all parties and a scheduling order to conclude the action must be held within six months,” Lee wrote in a short court order. “In this current matter, no hearing was held within the allotted timeframe. Therefore, the Motion to Dismiss is dispositive and the court need not determine the merits of the Summary Judgment claims.”
The section of the law cited by Lee says that whenever a declaratory judgment or injunctive relief is requested, “the chief administrative judge of the circuit court must schedule an initial hearing within 10 days of the service on all parties.” The State filed a motion for summary judgment on Feb. 11.
The suit, filed by attorneys Joel Collins and J.C. Nicholson of Collins and Lacy. alleged that school board members approved the agreement with Melton without a public vote as required by law.
The school district argued the agreement with Melton was reached in accordance with “an established practice in our state” for handling personnel matters, and that board officers meetings did not constitute a public body subject to the Freedom of Information Act.
After The State filed its lawsuit, the Lexington-Richland 5 school board approved the settlement agreement with Melton in a public vote, nearly two months after the superintendent announced her resignation. The district also began announcing its board officers’ meetings ahead of time and opening portions of them to the public.
School district attorney Ward Bradley argued in court that those moves negated the need for the lawsuit to continue.
Bradley did not immediately return a call from The State seeking comment.
The State’s executive editor, Brian Tolley, said, “We respect the judge’s decision and we are discussing options with our attorney.”
In a statement released Friday, Lexington-Richland 5 school board chairwoman Jan Hammond said she was “pleased” with the court’s decision.
“From the beginning, this lawsuit was improperly brought and a waste of taxpayer resources,” Hammond said. “The School District strives to comply with all state and federal laws. Transparency in its operations is important for the good of the community.
“Any suggestions to improve the operation of the schools are welcome from the community, Mr. Osmundson or The State newspaper. Members of the community are entitled to know how the school district operates. Their participation and questions are welcome.
“Hopefully, further lawsuits of the sort brought by Mr. Osmundson can be avoided in the future so as to not waste taxpayer resources that can be invested in the education of our children. Mr. Osmundson and the State Newspaper are encouraged to cooperate with the schools and educate the children of the Midlands, rather than expend taxpayer resources on improperly brought lawsuits. There is always room for more people committed to the education of our children.”
The suit was filed in August 2021 after Melton’s resignation following several confrontations with school board members over the school district’s return to full in-person learning without restrictions after the COVID-19 pandemic.
Former board member Ed White resigned his seat on the board following approval of the agreement, alleging afterward that Melton’s resignation was the culmination of a deliberate effort by board members Nikki Gardner, Catherine Huddle and Ken Loveless to force Melton out of her job.
Editor’s note: This story has been updated to include a statement from Lexington-Richland 5 on the lawsuit’s dismissal.
This story was originally published October 20, 2022 at 4:49 PM.
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