An unprecedented hearing

An unprecedented hearing

On Monday, September 28, three panelists selected by Governor McMaster held a first of its kind hearing to give Charleston County School District Trustee Darlene Dunmeyer-Roberson the ability to refute allegations of misconduct. This was the first hearing of its type to take place, as a 2022 law authorizing the Governor to remove school board members.

This Governor and his predecessors have removed city council and county council members for similar actions in the past, but this is the first time that he has considered removing a sitting school board trustee under the new statute. The statute is broad, allowing the Governor to remove a board member for a number of different defects in their service, including chronically skipping meetings, neglecting their duties, conflicts of interest and misconduct.

The charges brought against Dunmeyer-Roberson accuse her of breaching the board’s confidentiality by forwarding emails to a personal email account associated with her consulting work, violating attorney-client privilege by forwarding privileged emails to a reporter, and influencing the procurement process to award her former campaign manager a contract with the district.

Several other allegations enumerated in the Inspector General’s report but not brought before the hearing panel include failure pay taxes, refusal to participate in superintendent evaluations, fraudulent billing, and mortgage fraud that resulted in concerns about her district residency status.

 

Hearing Structure

Before deciding whether to remove Ms. Dunmeyer-Roberson, the Governor issued Executive Order 2026-19, which set up a panel of three attorneys to give her a chance to address the allegations. The panel was composed of three attorneys with significant government experience: Clarence Davis, who has extensive trial experience and previously served as an assistant U.S. Attorney, Thomas Limehouse, who served as Governor McMaster’s Chief Legal Counsel for much of the Governor’s tenure, and Adair Ford Boroughs, who was appointed as the state’s U.S. Attorney by President Joe Biden.

Dunmeyer-Roberson and her attorney, Representative Kambrell Garvin were given the opportunity to present their case, answer questions from the panel, and bring in a witness to testify. During that time, Ms. Dunmeyer-Roberson and her attorney denied wrongdoing on each count. After she finished her argument, the Inspector General argued his case.

 

Inspector General’s powers

The Legislature established the Office of Inspector General in 2012. The Inspector General is appointed by the Governor, confirmed by the Senate, and serves for a term of four years.

The Inspector General’s Office serves as the Executive Branch watchdog and has the power to investigate executive branch agencies, recommend policies to end waste, fraud, abuse, and violations of law.

Brian Lampkin has served as the State’s Inspector General throughout Governor McMaster’s term. He previously served in the FBI for over 25 years and investigated financial crimes and public corruption matters.

As concerns about school district management continue to rise, the General Assembly has increased the Inspector General’s oversight of school districts.

During Inspector General Lampkin’s tenure, his office has produced 13 reports (or 25% of the total reports issued during his tenure) on school districts and resulted in two school district takeovers by the State Board of Education. Other districts have been required to stop the actions detailed in the report, change their processes, or otherwise clean up their act. In several cases, the school board membership has changed significantly after the Inspector General’s findings were released.

Next Steps

The hearing panel now has until October 5 to make a recommendation to the Governor about whether or not to remove Darlene Dunmeyer-Roberson from the Charleston County School District Board of Trustees. If the Governor removes her, it is likely that her attorneys will attempt to challenge the removal in court. No matter the verdict, the Governor’s Office set an important precedent in balancing the due process rights of the accused with the public’s need for decisive action.

 

SCPC's Recommendations:

The hearing was a great first step in implementing the statute, but there are a few places in which the process could use improvement.

1. Codify the hearing process 

This hearing process should be codified or published as a permanent Executive Order to ensure that all accused persons are given the opportunity for a hearing before the Governor issues an order of removal. This would preserve the accused’s due process rights, no matter is sworn in as our next Governor in January 2027.

2. Livestream future hearings 

The hearing room was packed with people wanting to see the hearing in person. At the time, there was not a livestream option. Several news channels did film the entire hearing and at least one posted the hearing online. However, we would recommend that if cameras are allowed in these types of hearings, that SCETV be allowed to film and livestream the hearing and have it published either on the Governor’s website or on the statehouse page. That way the citizens have an easily verifiable recording of the hearing. 

 3. Require public officials to use their official email accounts for official business 

One of the issues that came up during the hearing was that Ms. Dunmeyer-Roberson forwarded several emails from her official email address to her personal email address. While it was unclear whether she forwarded those emails elsewhere, it does raise a concern about if she was conducting official business on her personal email account. . We would recommend that all public officials be required to conduct official business on official channels, to ensure that all of their communications are easily accessible via the Freedom of Information Act.

4. Increase the Inspector General’s Investigatory Powers 

It is also clear that the Inspector General’s Office needs more powers to investigate malfeasance. At several instances during the hearing, the Inspector General referenced that they lack the ability to obtain a search warrant to investigate the trustee’s personal email inbox. While it is understandable that the Inspector General’s Office shouldn’t have the broad power to search private communications, the trustee forwarded sensitive information from her official email to her personal email. When a public official forwards emails to another account under their control, the Inspector General should have the ability to search that account specifically. This should be narrowly construed just to allow searches of personal inboxes where the evidence suggests that the individual was actively using their personal email or phone to conduct official business.