Once tossed by a judge, The State’s school district lawsuit closer to decision
More than three years after it was tossed out by a judge, a lawsuit that could affect how public bodies operate in South Carolina finally got its day in court.
A suit filed on behalf of The State newspaper against the Lexington-Richland 5 school district challenging actions the school board took in executive session was heard by Judge Daniel Coble at the Richland County Courthouse on Wednesday. Although the judge did not issue a ruling, both sides asked the court to issue a summary judgment quickly deciding the case.
Wednesday’s hearing was the latest in a four-year legal drama over how the school district conducted its board meetings, and has already gone to the state Court of Appeals and back.
The suit was originally filed in 2021 after the school board approved a resignation agreement with former Superintendent Christina Melton without a public vote. The agreement paid the reigning S.C. superintendent of the year $226,368 to leave over disputes with board members.
Former school board member Ed White described a hostile work environment for Melton in relation to several board members as part of an affidavit filed along with the initial lawsuit. The initial agreement reached behind closed doors called for Melton to resign quietly and receive a payout to leave. It was only voted on in a public board meeting nearly two months later, after the lawsuit was filed.
The suit was filed by Paul Osmundson, then the senior editor at The State newspaper, on behalf of the paper. Osmundson’s suit contends this violated the Freedom of Information Acts requirement that public bodies hold votes in open meetings.
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.
Representing the school district, attorney Ward Bradley argued Wednesday that the case was moot. After the lawsuit was filed, the board met again and approved the resignation agreement in public. The lawsuit also asked that meetings of the school board’s executive officers be open to the public. After the lawsuit was filed, the school board also opened up those meetings.
“If a school board is faced with a lawsuit, and says ‘if there’s a problem here, let’s change what we do,’ isn’t that the point of the law?” Bradley asked. “You want to encourage them to say, ‘let’s go back and fix it.’”
But plaintiff attorney Joel Collins argued the board’s actions were “the most egregious violation of the Freedom of Information Act you’ll ever see.” The school district did not initially acknowledge any such agreement had been reached when Melton announced her resignation, and the agreement itself envisions Melton participating in district graduation events at the end of the school year and then using up her vacation time for the rest of the month.
If the case is dismissed without any penalty to the school district, Collins worried the Freedom of Information Act would be rendered toothless.
“A bank robber can’t just give the money back to the bank and get away with it,” he said.
Patrick Quinn, who also represented Osmundson, noted that state law was changed in the 1970s to specifically disallow public bodies from publicly ratifying decisions they had already made in a closed-door executive session. The only legally allowable votes in such a session are to adjourn the meeting and resume in open session to make any further decisions.
Osmundson’s case is being handled pro bono by Nelson Mullins law firm.
Circuit Court Judge Alison Lee initially dismissed the suit in 2022 because no hearing had been scheduled within 10 days of filing the complaint, an action required by South Carolina’s Freedom of Information Act. Osmundson appealed arguing that the plaintiff had no control over when a hearing is scheduled, and the S.C. Court of Appeals ultimately reversed Lee and sent the case back to the circuit court for consideration.
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