After hearing an appeal from Bamberg County School District 2 (Denmark-Olar) trustee Ann Causby concerning complaints that she previously failed to file required forms, the South Carolina Ethics Commission decided Wednesday to reduce late filing penalities and fines totaling $20,400 to a $400 administrative fee.

Causby was appealing Ethics Commission complaints that she failed to file both a pre-election campaign disclosure form in 2004 and her 2006 Statement of Economic Interest form.

In its ruling the commission upheld the findings from each order, stating that Causby was in violation of the state Ethics Reform Act when the complaints were filed.

The commission further ruled that the $400 amount must be paid within 30 days of receipt of the signed appeal order or the amount will return to the original $20,400 figure.

The order has not yet been issued.

Bruce Davis, a Mount Pleasant attorney representing Causby, said she has every intention of paying the reduced amount upon receipt of the order.

Davis said, “The commission recognized that, while the situation was valid, there were extraordinarily mitigating circumstances that prompted it to reduce the late filing penalties and fines against Ms. Causby.”

School District 2 board Chairman Alvin Maynor declined comment Friday on the ruling.

During a school board meeting in April, a letter from the South Carolina Attorney General’s Office was read that stated Causby would not automatically lose her seat on the board for ethics violations but the infractions could be considered by the board in determining whether there is good cause for her removal.

The board also gave final second reading approval to three policies regarding school board organization, board member qualifications and a board member code of ethics during that same meeting. Each policy contained the stipulation that no board member can serve “when they have failed to file statements of economic interests and/or campaign disclosure forms with the State Ethics Commission or have an outstanding debt owed to the State Ethics Commission for violation of its laws.”

Causby has two lawsuits pending against Maynor and Superintendent Dr. Secaida Howell. In July 2007, Causby’s attorneys, Davis and J. Lewis Cromer of Columbia, on behalf of Causby, filed a lawsuit against Maynor and Howell in the South Carolina Court of Common Pleas claiming violations of the Freedom of Information Act.

The other lawsuit was filed in federal district court shortly thereafter, naming Maynor and Howell for violation of Causby’s First Amendment rights, assault and civil conspiracy.

The federal lawsuit charged that 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.”

The lawsuit also alleges that beginning in December 2006, Causby 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.

Causby, acting on the advice of her attorneys and physicians has not been attending school board meetings since February.

On Thursday Davis said the discovery process in Causby’s federal lawsuit has not yet taken place due to her health issues.

“Right now, we are awaiting the scheduling of a conference on the district’s request for discovery,” Davis said. “When this occurs, we’ll begin taking depositions for that case.”

Davis said Bamberg 2 school district attorney Charles Boykin filed a motion for payment of over $17,000 in legal fees from Causby in connection with the FOIA lawsuit. That was denied by Circuit Court Judge Doyet A. Early III in August. Maynor and Howell had been named both as individuals and in their official capacities as defendants in the lawsuit. Boykin prevailed in having both men removed from the lawsuit as individuals.

n T&D Staff Writer Phil Sarata can be reached at psarata@timesanddemocrat.com and 803-533-5540. Discuss this and other stories at www.TheTandD.com.

 

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