DENMARK -- The three individuals named in a Freedom of Information lawsuit filed by Bamberg School District Two (Denmark-Olar) Trustee Ann Causby will be dropped from the legal action, leaving the school district as the sole defendant in what will be a non-jury trial in the Court of Common Pleas.
The court ruled in a hearing held Jan. 10 at the Bamberg County Courthouse that the South Carolina Freedom of Information Act does not support a cause of action against persons in their individual capacity. As a result, Denmark-Olar School Board Chairman Alvin Maynor, Superintendent Dr. Secaida Howell and school district attorney Charles Boykin were released from the FOIA lawsuit.
Lewis Cromer of Columbia, Causby's attorney, said he would amend the pleadings and name Bamberg School District Two as the defendant in the lawsuit.
Cromer and attorney Bruce Davis of Mount Pleasant, on behalf of Causby, filed a lawsuit July 26, 2007 in the Court of Common Pleas claiming violations of the FOIA.
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.
In the federal lawsuit, Causby alleges that on June 11, 2007, Maynor, "in a rude and angry manner," approached her during a meeting 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."
Causby 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.
Causby said 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 Charles Boykin and certain members of the board withheld the information.
Denmark-Olar School Board Trustee Loretta Goodman announced the results of the Jan. 10 court hearing at the board's January meeting.
Also during that meeting, Trustee Blossom Thompson made a motion that Superintendent Howell be put on a leave of absence with pay for the remainder of his contract that ends June 30, 2009.
After clarifying Thompson's motion that Howell would be relieved of all his duties, Causby seconded the motion.
Goodman asked who they would get as an interim superintendent and where they would get funds to pay an interim superintendent. Chairman Maynor told Goodman he did not think the motion by Thompson had been thought out, and without further discussion, Maynor called for the vote. Thompson and Causby voted for the motion to place Howell on leave of absence and relieve him of his duties. Maynor, Goodman and Bias voted against the motion, defeating it.
Howell, during the board's November meeting, said, "I formally ask the board to allow us at this time not to be part of this school district beyond 2009 ... the contract is for three years so I kindly ask the board to relieve us of our duties at that time, June 30, 2009."
In other business, the attorney fees of $4,124.10 for December 2007 was approved by a vote of 3-2, with Causby and Thompson voting not to approve the payment because a detailed bill for attorney's fees has not been presented to the board since July 2007.
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.