The politically unpopular decision to deny a tax increase for school operations put some Beaufort County Council members in a litigious mood, their anger turning on state lawmakers.
"I remain ever mindful that the state Legislature has put us in this situation ... perhaps we're at the point where litigation should be considered," said Council Chairman Weston Newton.
"The school district budget has to be cut at this table and our 'friends' in the Legislature get a pass," Newton said in a Finance Committee meeting Monday.
Vice Chairman Paul Sommerville described it more colorfully.
"We're being robbed blind by our Legislature - without a ski mask, without a gun - but we're still being robbed blind," Sommerville said.
Councilman Rick Caporale, a former school board member, said he wanted to sue the state several years ago and still does.
"I supported that five or six years ago and now it's almost essential," Caporale said.
The issue is the state's Education Finance Act, which redistributes money from wealthy counties to poor ones.
For years, Beaufort County has been required by state law to pay into the system while receiving nothing in return. That situation leaves county property owners almost totally responsible for local education funding.
"Beaufort County has a reputation in Columbia as being a wealthy community. But for the children of Beaufort County to receive zero state funding.... It just makes no sense," Newton said Tuesday.
"The fact remains that we receive fewer educational dollars under the primary funding formula than any other school district in the state, despite the fact that significant amounts of revenue are generated in Beaufort County," Newton said.
"Sales tax is the primary funding source for the EFA and we just don't get any of it back. Under the EFA, we get zero," he said.
"It's fundamentally unfair.... But legally, that doesn't answer the mail," the chairman said.
A proper cause of action against the state might be found in the Equal Protection clause of the U.S. Constitution, Newton said.
"I don't know if there is a legally sustainable challenge but it's an expensive proposition" with the costs shared by the county and school district, he said.
Newton said the County Council and School Board set aside $125,000 each a few years ago to pursue an EFA challenged but school officials decided against legal action.
Since then the county and school board have spent about $11,000 each to retain the McNair Law Firm "for what is basically a research project, but not necessarily legal research," Newton said.
The McNair firm also is lobbying legislators in Columbia in an effort to change the EFA funding formula, he said.
"We're expecting them, in July or August, to come back with a report and an analysis of proposals in Columbia to change the education funding system," Newton said.
He said the firm also is trying to identify other counties that might be "significantly affected" by EFA inequity as potential partners in a legal challenge.
"Our legislative delegation is working hard on it, too. I know Sen. (Tom) Davis is very concerned as are Rep. (Bill) Herbkersman and Rep. (Shannon) Erickson," Newton said. "They want to help. I'm not sure what form that help takes, but we need something."
Contact Richard Brooks at richard.brooks@blufftontoday.com or call him at 815-0818.