BERKELEY COUNTY, S.C.–As of Tuesday, The Berkeley Co. School Board will no longer use taxpayers’ money to provide legal defense for Amy Kovach. The district’s communications director was indicted earlier this year for an ethics violation and forgery.
“This is a step in the right direction,” stated newly-elected school board member, Mac McQuillan.
The board voted on the measure yesterday; however, in May they voted to continue paying for Kovach’s attorney.
In October, Chief Deputy Attorney General John McIntosh sent a letter to the school district’s attorney informing her that a school district can’t use public funds to pay a school board member’s or an employee’s expenses of representation in criminal proceedings,
Doing so, McIntosh stated, is a violation of the South Carolina Constitution.
“This Office is reviewing the possibility of legal action to recover the public funds expended for this purpose,” wrote McIntosh to Mahoney. “It is difficult to understand how the Board concluded that these officials acted in good faith when the criminal investigation remains ongoing.”
In February 2014, a grand jury indicted Kovach on one count of violating the ethics act by allegedly abusing public funds to influence the outcome of the “Yes 4 Schools” campaign. (See story here.) She was given a $10,000 PR bond by a Berkeley Co. judge.
Fast forward seven months later and a grand jury indicted Kovach a second time on forgery charges in September.
According to that indictment, Kovach created a false, backdated invoice, purporting to be from the Berkeley Co. School District to the “Yes 4 Schools” campaign, in an attempt to establish that she had intended to have public funds repaid to the county which had been spent on materials in support of a bond referendum election campaign. The invoice was for less than $10,000. (See story here.)
The Post & Courier recently filed a Freedom of Information Act request and learned that as of October 31st, the school district has reimbursed Kovach $130,912 in legal fees. Since her indictment, Kovach has been on paid from administrative leave.
It’s unclear if Kovach will have to repay the district for the money the district has already spent on her legal defense if found guilty of the charges.
Even though Kovach is the only district member charged, Superintendent Rodney Thompson is also under investigation.
About two weeks after a grand jury indicted Kovach on the forgery charge, Thompson asked to be released from his contract early. The board agreed and offered him a teaching job within the county. (See story here.)
Prior Story:
BCSD communications director Amy Kovach may have to repay $100,000 in legal fees
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