After arrest, Lancaster County school leaders mull options. Is an election coming?

Lancaster County school leaders are still working on a plan for dealing with the arrest of a school board member.

“We are presently in communication with the South Carolina School Boards Association and our local attorney as to what our actions should be,” said Don McCorkle, who represents Indian Land on the Lancaster County School Board.

“Our school board policy calls for a special election if a school board vacancy exists with an unexpired term.”

Board member James Brooks, 50, of Van Wyck, and Fort Mill resident Carol Jean Broom were arrested Nov. 26 after a traffic stop on South Dobys Bridge Road. According to the Lancaster County Sheriff’s Office, officers found an open beer bottle, a “metal tray with white powder residue,” a plastic bag and other containers containing methamphetamine, a loaded shotgun, drug paraphernalia and marijuana in the car or on the suspects.

Brooks, the other of Indian Land’s two school board representatives, was charged with trafficking methamphetamine, possession of drug paraphernalia, possession of a firearm during the commission of a violent crime and simple possession of marijuana. Broom also was charged with trafficking.

The arrest leaves other board members trying to figure out legal questions, while also maintaining public trust in the remaining board members. Tyrom Faulkner, vice chair, said public confidence in school leadership is important.

"Down the road we'll address the community,” he said. “We don't have a statement at this time."

More pressing is the issue of the board seat Brooks holds.

"Right now we're kind of waiting to see what the legal results are,” Faulkner said. “The superintendent and the board chair are looking into it, but right now there’s nothing concrete.”

The school board has seven members, each elected to a four-year term. Brooks was elected in 2014 and is serving his first term.

District Superintendent Gene Moore issued a brief statement Wednesday, saying more time is needed.

“Since this situation involves an elected official, it’s very complicated,” Moore said. “We’re consulting with legal experts to be sure we do what is right. It’s taking time to determine the appropriate action.”

The school board next meets Dec. 13.

According to state law, there is protocol for holding special elections to fill vacancies in public office due to “death, resignation, or removal” from the seat. It happened several times in recent years, multiple times on Fort Mill Town Council alone, when an elected official moved or otherwise decided to give up office.

For nonpartisan seats like school board, filing for the seat opens the third Friday after the vacancy occurs and closes 10 days later. The election comes the 13th Tuesday after the vacancy occurs.

If only one person filed for the seat and there is no petition candidate, no election would be held and that person would take office.

This story was originally published December 2, 2016 at 5:45 PM with the headline "After arrest, Lancaster County school leaders mull options. Is an election coming?."