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Southampton County School Board Chair Dr. Deborah Goodywn responded Wednesday, May 28, to a statement that a School Board member did not have an oath of office on file, and a Franklin City School Board member responded Monday, June 2, to a similar statement.

SOUTHAMPTON COUNTY SCHOOL BOARD

Southampton County School Board Member Dr. Jennifer Tindle made a statement near the outset of the board’s May 12 meeting indicating that Board Member Greg Scott had not taken his oath of office. 

Tindle asked Goodwyn to ask Scott to be excused from that and future meetings.

Goodwyn said she would not do so until she could verify the information provided.

This prompted the departure, from that meeting, of Tindle, followed by Board Member Natalie Dever King and Board Member Brandon Rodgers, dropping the number of members present from the nine-member board to four. This represented the loss of a quorum, meaning the board could not take action on any items at that meeting.

A special School Board meeting was called and held May 28 to take action on the action items present on the May 12 agenda.

Goodwyn opened the May 28 meeting with a statement.

She noted that at the last meeting of the School Board, “Board Member Tindle demanded that, as School Board chair, I excuse Board Member Scott from that meeting and all future meetings because she had discovered that he did not have an oath of office on file in the Southampton County Circuit Court Clerk’s Office.

“I did not comply with Board Member Tindle’s demand, but I did indicate that I would seek to verify the information that she provided, and that’s exactly what I’ve done.

“Our legal counsel has informed us that Mr. Scott’s office, the votes that Mr. Scott took as a board member prior to having an oath of office on file and any actions taken by the School Board during the time that Mr. Scott did not have an oath on file are valid because of de facto officer doctrine.”

She indicated she had copies of the legal counsel’s input to share with the other board members.

“But the conclusion is there was no intentional disregard of compliance of obligations on the part of Board Member Scott, that de facto officer doctrine covers Mr. Scott’s position, any votes Mr. Scott cast and any actions that the School Board took during that time,” Goodwyn said.

In the opinion of the U.S. Supreme Court as delivered by Chief Justice William Rehnquist in the case of James D. Ryder, Petitioner v. United States, it is stated, “The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person’s appointment or election to office is deficient. Norton v. Shelby County, 118 U.S. 425, 440 (1886). ‘The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.’’

In a Monday, June 2, email interview, Southampton Circuit Court Clerk Richard L. “Rick” Francis said, “Mr. Scott came in on May 30th and took the oath.”

Prior to learning this information, Francis had indicated on Friday, May 30, that the certification of oath he saw in his office’s database for Scott was for the term beginning March 9, 2021, and expiring June 30, 2021.

Scott was reappointed to serve a full four-year term from July 1, 2021, to June 30, 2025, and now has an oath on file for this term.

The Tidewater News asked Francis if his office had current-term oaths of office on file for the other eight Southampton County School Board members, and he confirmed June 2 that all of them had taken their oaths.

FRANKLIN CITY SCHOOL BOARD

The Tidewater News also asked Francis if his office had current-term oaths of office on file for all seven Franklin City School Board members.

Friday afternoon, May 30, Francis said, “I do not see one for Reid Harrison (unless he came in within the past 48 hours).”

When reached for comment Monday evening, June 2, At-Large Board Member Dr. Reid Harrison stated, “I have taken the oath of office as required and have documents to confirm this.”

THE PROCESS OF OATH ADMINISTRATION

Francis shared details of the standard process that is involved with regard to oaths of office after individuals are elected or appointed.

“Generally, for any office, the individual brings in information in letter form from their entity/voter registrar that indicates the office they are to hold and the beginning and end dates of their service,” he said. “Often their term has already begun. Either Mrs. Everett or I will then generate an oath, which we will administer and make three original duplicates, one for the candidate/employee, one for their office and one to digitize and keep here. Hopefully, we know the letter/details and have prepared a draft oath before the individual shows up at the front counter… but not always.”

He said that for small towns like Ivor, Capron, Boykins, Newsoms, etc., “I will generally attend their first meeting in a new term and administer the oath to all present, taking unexecuted triplicates to the meeting. If a member is not present, it is incumbent upon them to come to the clerk’s office.”

“For Franklin Police, upon their request, I will attend a ceremony and administer the oath(s) in a more formal setting…,” he added.