Lawsuit alleges school board chair physically threatened trustee
By VIC WHETSTONE, T&D Correspondent Monday, September 17, 2007DENMARK, S.C. - The vice chairman of the Bamberg School District 2 (Denmark-Olar) Board of Trustees is suing the school district, Superintendent Dr. Secaida Howell and Board Chairman Alvin Maynor.
Attorneys Lewis Cromer of Columbia and Bruce Davis of Mount Pleasant, on behalf of Ann Causby, filed a lawsuit July 26 in the Court of Common Pleas.
A federal lawsuit was also filed on Causby's behalf on July 20 against Maynor and Howell for violation of First Amendment rights, section 1983, and for assault and civil conspiracy.
Causby alleges that on June 11, 2007, Maynor, "in a rude and angry manner," approached her in a "threatening and intimidating" way and "in loud and violent language threatened and berated her, causing her to be in great fear of her life and safety, causing her to leave the meeting and to not return."
She also alleges that beginning in December 2006, she repeatedly attempted to obtain "key financial information needed for budgeting and financial oversight purposes and the prevention of fraud and mismanagement. Causby alleges the information she sought was withheld by Howell and others, including Maynor.
She says she became aware of "improper and illegal practices by Howell and other members of the district's administrative staff," claiming that Howell, the school district's attorney and certain members of the board withheld the information.
In a special called meeting of the school board at 1 p.m. on Aug. 21, Maynor said the purpose of the meeting was to discuss the lawsuit brought by Causby against the district, the board chairman, the superintendent and the district's school attorney.
Attorneys Kenneth Davis and Karla Hawkins, representing the district, met in an executive session with board members Maynor, Loretta Goodman and Larry Bias. Board members Causby and Blossom Thompson were not present at that midday meeting.
Following the executive session, the board approved a motion by Goodman to employ the legal services of Davis and Hawkins of Boykin, Davis and Hawkins to defend the district, the board chairman and the superintendent in the state court lawsuit filed by Causby. The three board members present agreed to allow the attorneys to use such legal strategies as they deemed appropriate. However, the attorneys were not given authorization to settle the lawsuit without the express approval of the board.
Maynor said the lawsuit filed in federal court will be handled by attorneys appointed by the school board's insurance carrier or the attorneys' insurance carrier.
At the school board's most recent meeting on Sept. 10, Maynor called for an executive session for the purpose of employment/personnel recommendations, student personnel matters, contractual matters and legal matters. When Causby asked Maynor to be specific about the legal matters, he said it was to discuss the lawsuits, and he told Causby, "You need to recuse yourself from (discussing) the attorney fees and recuse yourself from (discussing) the lawsuits."
"I will recuse myself from all discussions relative to the lawsuits in which I am a party," Causby said. "I would also like to know if the other named parties (Howell and Maynor) would also recuse themselves."
Maynor said, "I am not trying to gain anything; I am trying to defend myself."
Attorney Davis said he would withhold any opinion, "until we get in an appropriate executive session."
T&D Correspondent Vic Whetstone can be reached by e-mail at vwhets@bellsouth.net or by phone at 803-793-3402. Discuss this and other stories online at TheTandD.com.
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