BAMBERG - A group of Ehrhardt residents and members of the Ehrhardt Elementary School PTO on Monday filed a Freedom of Information Act complaint against Bamberg School District 1, alleging the district violated the law by voting at an April meeting to close the Ehrhardt school without first giving proper notice to the public.

Kirby D. Shealy III, an attorney with the Columbia-based Baker, Ravenel and Bender law firm who represents the Ehrhardt group, on Tuesday said the complaint “seeks, among other things, an injunction against the Bamberg School District 1” in hopes that it will prohibit the closure of Ehrhardt Elementary.

“It’s kind of complicated, but there are two causes of action that we’re alleging, and the primary one is that we’re alleging that the school district is in violation of the Freedom of Information Act by voting to close the school without giving proper notice in advance. So, what we’re seeking ... is an injunction to prohibit the school district from moving forward based upon that vote,” Shealy said.

He added, “There’s nothing about what we’re seeking that would prohibit the school district from doing what they’re attempting to do. If they gave proper notice, put it on the agenda as an agenda item -- closure of Ehrhardt Elementary School -- that would kind of obviate the need for an injunction under that theory.”

Shealy said the Ehrhardt group wants “to make sure that the public has a chance to participate in the political process. That’s what the Freedom of Information Act is all about.”

A hearing on the complaint was scheduled Tuesday morning at the Bamberg County Courthouse but was postponed so the two parties could talk.

“After we filed the lawsuit yesterday,” Shealy said, “we had several discussions with the school district’s legal counsel. And, we are trying to work through some of these issues.”

Meanwhile on Tuesday, Keith Powell, an attorney with the Columbia-based Childs and Halligan LLC law firm which represents Bamberg School District 1, said the Ehrhardt group’s allegation is that the action taken at the April meeting with regard to Ehrhardt Elementary was not sufficiently stated when the agenda went out with what was going to occur at the meeting.

“They’re saying, ‘This wasn’t done right,’ and, in essence, they’re really saying, ‘We want you to say that this was an invalid action and should be considered basically null and void,’” Powell said.

He said the district has 30 days to answer the complaint.

“With that (complaint), they sought a temporary injunction ... they have asked the judge to look at the situation and decide. They want the judge to order the school district to not proceed with further action to implement the decision about Ehrhardt Elementary School,” Powell said.

He said he thinks the school district plans to hold a meeting on Tuesday, June 10.

“(The district hasn’t) answered the complaint. They didn’t admit that they didn’t comply. But if they take the matter (of closing the school) up again and issue a more complete notice of what they’re going to do and then take a vote. ... If it turns out the same way (to close it), that would sort of eliminate the basis for (the Ehrhardt group’s) complaint because all school boards under South Carolina law have the power to decide whether or not to operate ... any school in their district,” Powell said.

“So, it’s really not a question of: Does the school board have the power to do it? The question was the advance notice of the meeting. So, I believe they intend to notice a meeting. It will probably be next Tuesday,” he said, adding that if the district gives advance public notice that the closure of Ehrhardt Elementary will be on the agenda and takes another vote on it, there “wouldn’t be anything left for the court to fix.”

However, Powell said there is always the possibility the plaintiffs could proceed with their complaint.

“They could decide to. Obviously, the case is still going on. As far as the lawsuit, ... they (the school district) has got to file their answer. They have a month to do that. I think everyone would just as soon avoid the needless time and cost of litigation.”

T&D Staff Writer Dionne Gleaton can be reached by e-mail at dgleaton@timesanddemocrat.com or by phone at 803-533-5534.

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