Berkeley school officials duel over dual office-holding
BY BRIAN HICKS

Most folks probably don’t even realize the Berkeley County School Board recently changed the days it meets.

Much less why. And, honestly, they probably don’t care.But that, too, could change.

See, board member David Barrow says that he believes board Chairman Mac Mc- Quillin is violating the state constitution … and he’s asking the governor to investigate.

It’s complicated, and tangentially involves the board’s schedule. But let’s back up.

On Jan. 10, at the end of a long, acrimonious meeting — the only kind this board seems to have — McQuillin announced that cabinet members, board members and even some principals had decided they should change the night of school board meetings so they wouldn’t miss important school events.

The consensus, he said, was to move board meetings from the second and fourth Tuesdays of the month to the first and third Tuesdays.

Now, that may seem like the least controversial thing this board ha s done … seeing as how the new super majority fired the district’s attorney and superintendent minutes after being sworn in last November.

Which got the board sued.

But as McQuillin called for a vote, Barrow called baloney.No one he’d talked to had mentioned any need to change meeting days, he said. He asked if the impetus for this wasn’t really McQuillin’s new gig as city attorney for the Isle of Palms.

Where meetings, coincidentally enough, are also held on the second and fourth Tuesdays.

“Why are we in a rush now to change (ours) to the first and third, except possibly to satisfy your needs?” Barrow asked.

Yeah, it was kind of savage.Barrow called it a conflict of interest for McQuillin and a possible “ethical issue” for board members.

McQuillin said his law firm, not him personally, had been hired as IOP’s counsel and took polite umbrage at the accusation.

“Didn’t think it would get this controversial and get accused of a conflict of interest,” Mc- Quillin said. “We’re just trying to figure out a night to meet.” The board declined to change its schedule that night.

But at the next meeting two weeks later, McQuillin raised the issue again. Another board member called for a vote, and the chairman refused to let Barrow speak. The board approved the schedule change 6-3 … even though it created a scheduling conflict for another board member.

Since then, Barrow has been researching attorney general opinions and says they suggest McQuillin can’t be a school board member and a municipal attorney at the same time.

“I believe that Mr. Mac Mc- Quillin is in violation of the constitutional prohibitions on dual office holding in South Carolina,” Barrow says. “He currently serves as an office holder for the Berkeley County School District as well as city attorney for the city of Isle of Palms. State law prohibits any individual from holding more than one office at a time.”

The attorney general’s office last week declined to issue an opinion for Barrow — but the office suggested the board’s attorney could request one. The chances of that are slim, and, honestly, an opinion doesn’t have any force of law.

Hence Barrow’s request to the governor.

Previous AG opinions have said a municipal attorney “is an office subject to constitutional restrictions of dual office holding.” And the AG’s office says it doesn’t contradict prior opinions … if the pertinent law hasn’t changed.

But some attorneys say it’s common for law firms to handle small town legal work on a contractual basis — and no one takes an oath of office to do it.

Barrow points out that, on Jan. 3, the Isle of Palms City Council announced McQuillin had been appointed city attorney.He’s since attended at least one IOP council meeting to give legal advice.

And the consequences of that, Barrow says, are spelled out in prior AG opinions on dual office-holding.

“The remedy for violating this law is to retain the last office held and vacate all other offices held prior,” Barrow says.

By that reckoning, McQuillin would be removed from the Berkeley school board. But the chairman doesn’t sound particularly concerned about that.

“Mr. Barrow’s letter is clearly motivated by personal politics, lacks merit, and does nothing to advance the interests of our students and teachers,” Mc- Quillin says. “That’s where my focus is, and I’m not going to wallow in the mud with Mr.Barrow while enjoying spring break with my family.”

What — if anything — happens next is unclear. The Legislature voted last year to let the governor remove school board members from office, but he hasn’t used that new authority yet. Most likely, Barrow’s letter will be sent to the attorney general’s office.

But again, the AG likely would do no more than issue an opinion. It would probably take a lawsuit to escalate this, and Barrow says he’s not going there. He’s just raising the issue.

The question is, will Berkeley County residents notice — or care?

Reach Brian Hicks at bhicks@postandcourier.com.