More Than 1,000 Fairfield Homes to Receive Internet in Next 18 Months
WINNSBORO – Act 175 aimed to plug Internet coverage gaps in South Carolina’s rural areas, including Fairfield County.
While full coverage remains elusive a year later, the state
has taken strides toward expanding and enhancing service, according to state
officials.
On Monday night, representatives from the state’s Office of
Regulatory Staff outlined ways the agency has worked to improve online access,
as well as other forms of communication.
Internet Progress
“There’s a lot of work that’s going to be happening in
Fairfield County over the next 18 months,” said Jim Stritzinger, director of
the state Office of Regulatory Staff’s broadband office” We hope your residents
will be happy with that.”
Gov. Henry McMaster signed Act 175 into law in October 2020.
Part of the act included funding to provide grants to applicants to help
subsidize qualifying broadband projects.
But the law also has limitations. It merely says that the
state or electric cooperative may take steps to enhance broadband service, but
doesn’t mandate it.
“This act does not convey or confer any implied or express
grant of authority to an investor-owned electric utility to provide broadband
facilities or broadband services,” the act states.
In spite of the disclaimer, progress has been made.
Stritzinger said about 3,000 people and a little more than
2,000 homes currently lack broadband service in Fairfield County.
By October 2022, he anticipates those figures will fall to
about 1,600 residents and 864 homes, largely due to $30 million in grants
awarded in July.
The ORS initiative operates in tandem with the S.C.
Department in grants awarded in July.
The ORS initiative operates in tandem with the S.C.
Department of Commerce. While expanding broadband to ordinary residents is the
primary goal, economic development is another incentive.
“As a council member, you would want to target those areas
to make sure you get them connected as rapidly as possible,” Stritzinger said.
Federal grants will further close the internet connectivity
gap.
$3M USDA Grant
The U.S. Department of Agriculture recently awarded $3
million to Fairfield County to enhance broadband service, which is in addition
to the state investment.
“We’re nowhere close to done in Fairfield County,”
Stritzinger said. “The mission is … for all your residents to have service.
We’re off to a really good start.”
ORS representatives also talked about the agency’s equipment
distribution program. The program provides no cost phone services for South
Carolina residents facing speech or hearing challenges.
With COVID-19 limiting human interaction, the program’s
benefits become quite clear, said Casi Sims, a program coordinator with ORS.
“During the pandemic, communication is very important,
especially over the phone,” Sims said. “People are shut in their homes and it
affects their quality of life.”
Options include phones that amplify audio, phones with
captioning (which converts audio to text), or an iPad.
Sims said the devices are valuable educational tools, noting
school speech pathologists utilize the devices.
“The good thing about getting an iPad from our program is
the student doesn’t have to turn it in at the end of the school year,” she
said. “They can keep it and are progressing; they are not regressing over the
summer.”
Settling Hospital Debt
In other business, after a lengthy executive session, the
council voted to accept an offer from Fairfield Memorial Hospital to settle
debts with the county. Of the $1.256 million the hospital owes the county, the
board offered to pay the county $628,000.
Council members voted 5-1 to approve, with Councilman Neil
Robinson opposing. Councilman Mikel Trapp was absent.
As early as April, some council members had hoped to strike
a deal with the hospital board to settle debts for as much as $750,000.
Before the vote, Council Chairman Moses Bell asked how much
patient debt it forgave.
Tim Mitchell, chief financial officer with the hospital,
told council members that when the hospital was operating, it “wrote off $7
million dollars a year in patient debt.”
Council Likely Violated FOIA
The council also added a previously unpublished executive
session item to the agenda for the purpose of receiving legal advice in the
county’s ongoing lawsuit against Alliance Consulting Engineers, Wiley Easton
Construction Company, and Employers Mutual Casualty Company.
Filed in February 2020, the suit relates to work performed
at the Fairfield Commerce Center.
County attorney Charles Boykin asked to add the discussion
item after saying he received new information about the case earlier in the day
at 3:15 p.m.
Jay Bender, an attorney with the S.C. Press Association, of
which The Voice is a member, said the executive session likely violated the
state’s Freedom of Information Act (FOIA).
Bender said last minute agenda additions, including
executive session items, are impermissible unless the council first votes to
amend the agenda to include the agenda item by a supermajority vote which, on
the seven-member Fairfield council, would be five votes.
Only after that’s done can public bodies then vote to enter
executive session to discuss the item that’s added, Bender said.
LEXINGTON – More than a dozen law enforcement agencies have worked together on a month-long operation targeting adults accused of contacting children online for sexual activity.
Seventeen men have been arrested as part of the operation.
Another man is wanted on charges stemming from messages exchanged with law
enforcement officers posing as minors on social media apps.
Among those arrested and charged are a man from Winnsboro
and a man from Blythewood.
Willie Manning, 57, of Winnsboro was charged with criminal
solicitation of a minor, sexual exploitation of a minor
Misael Quezada, 31, of Blythewood – criminal solicitation of
a minor
Willie Manning, 57, of Winnsboro was charged with criminal
solicitation of a minor, sexual exploitation of a minor
Lexington County Sheriff Jay Koon said. “Officers pretended
to be underage teenagers as the suspects messaged them through apps. Some even had
phone conversations with officers,” Lexington County Sheriff Jay Koon said.
“After the suspect asked to meet with ‘the child,’ detectives were staged at a
predetermined meeting spot to arrest them.”
Most of the messages featured sexually explicit language and
images, according to Koon.
“The intent of these suspects during these communications is
clear,” Koon said. “They were trying to persuade, entice or coerce someone they
reasonably believed to be under the age of 18 to engage in sexual activity.”
No children were ever used or placed in danger during the
operation, according to Koon.
“This operation is the result of strong relationships among
law enforcement at the federal, state and local levels.” Koon said. “I’d like
to thank Attorney General Alan Wilson for making members of his office
available for this operation as part of his continued commitment to local law
enforcement.”
As members of the state’s Internet Crimes Against Children
Task Force, the FBI, Homeland Security Investigations, the U.S. Secret Service,
the Naval Criminal Investigative Service, the U.S. Marshals Service, the Cayce
Department of Public Safety, the Mount Pleasant Police Department, the
Charleston County Sheriff’s Office, the Orangeburg County Sheriff’s Office, the
Marion County Sheriff’s Office and the Aiken Department of Public Safety also
participated in the operation, according to Koon.
Koon said more arrests are expected as investigators pursue
charges against other suspects identified during the operation.
WDPS investigator Oren Gadson in hazmat protection, processes truck for drugs. | Photos: Barbara Ball
WINNSBORO – A Fairfield County Sheriff’s deputy was reported to have passed out Sunday evening from substances the deputy encountered while searching a pickup truck that had reportedly been involved in a shootout earlier in the evening.
The deputy was immediately administered Narcon by fellow
officers and transported to a local hospital and later released, according to sources.
The incident began when Winnsboro Public Safety Officers
responded to shots fired at the Cuz’s Corner convenience store on S. Congress
Street about 7 p.m., Sunday evening.
The responding officers reported being approached in the
street by an individual who stated that someone driving a gray pickup truck
shot at two black males, then drove off towards Columbia Road.
Two shell casings were recovered, and security footage from the convenience store camera showed the driver firing shots from the pickup truck at two black males in a black or dark gray Dodge Durango.
In the meantime, county deputies stopped the suspects in a
gray truck at the POP’s store across from McDonald’s. Justin David Loner, 40,
driver of the truck, was arrested and taken to the Fairfield County Detention
Center.
After the deputy was reportedly overcome while searching the truck, a tow truck was called to transport the truck to the Town of Winnsboro impound for processing under safe conditions.
Three other suspects were also arrested in the incident:
William Smith, 51; Herman Tee Gear, 38; and Alysa Shan Putnam, 19. All are
residents of Winnsboro and are being held in the Fairfield County Detention
Center.
Investigators say they were not able to find the two black males who were being shot at.
Gadson recovers packets of white powder, syringes, a handgun and drug paraphernalia from the truck.
Hazmat Processing
On Tuesday, Sept. 7, WDPS Investigator Oren Gadson, wearing hazmat protection, processed the gray Chevrolet truck at the WDPS storage lot, recovering packets of white powder that officers say could be fentanyl. Syringes, a handgun, various drug paraphanelia and other items were also recovered from the truck.
As WDPS Chief John Seibles observed the processing, he
commented about the deputy who was overcome from just breathing something while
searching the truck.
“This is dangerous stuff. Most people don’t realize just how
dangerous some of these drugs can be,” Seibles said in an interview with The
Voice.
“Both children and adults can get involved in drugs, and
family members have no idea about it. But a person can bring something into the
house accidentally, just a grain of fentanyl, and a family member can touch it
or breathe it and pass out. By the time the ambulance arrives, if they don’t
have Narcan, the family member could be dead,” he said.
“We encourage everyone who knows about someone getting
involved with these drugs to let us know so we can take care of it,” Seibles
said. “Friends and family members are our best resources to find out what’s
going on. They play a vital role in helping us stem some of these things before
something bad happens.”
No incident report was available from the Fairfield County
Sheriff’s Office. The incident continues to be under investigation by the
Winnsboro Department of Public Safety.
BLYTHEWOOD – Harlon Drew, 25, of Elgin, was killed in a
one-car crash that occurred on 25-Mile Creek Road near Kelly Mill Road at 9:55
p.m. on Thursday, Sept. 2, according to the Kershaw County Coroner David West.
The 2004 Chevrolet Tahoe, driven by Drew, was traveling
north on 25-Mill Creek Road when it ran off the road to the left and
overturned, according to Master Trooper Nick Pye of the S. C. Highway
Department.
Drew, who was not wearing a seatbelt, was ejected from the
SUV and was transported to a local hospital where he later succumbed to his
injuries.
There was no word on what caused the SUV to veer off the
road. The collision is being investigated by the S. C. Highway Patrol.
BLYTHEWOOD – A two-car crash on Highway 21 near Fairlawn
Court in Blythewood about 3:30 a.m., Wednesday morning, Sept. 1, 2021, took the
life of the passenger of in one car and seriously injured the drivers of both
cars.
A 2007 Nissan 4-door SUV was traveling south on Highway 21
when the driver lost control, crossed center and struck a 2012 Nissan SUV traveling
north, according to Master Trooper David Jones.
Both drivers were wearing seatbelts, and both were
transported to area hospitals with life-threatening injuries, the report
stated.
A passenger in the 2012 Nissan, also wearing a seatbelt, was
pronounced dead on scene.
The coroner has not yet made available the name of the
deceased.
The crash is under investigation by the S.C. Highway Patrol.
BLYTHEWOOD – On Monday, Aug. 30, the town reversed its
refusal to release responsive documents sought by The Voice from Town
Administrator Carroll Williamson through a Freedom of Information Act (FOIA)
request 41 days earlier.
The Voice requested the following documents:
1) a copy of the contract or letter of engagement that
secured the outside legal services of Nexsen Pruet attorney David Black and a
copy of documentation of the retainer paid for Mr. Black’s services as well as
any subsequent invoices for his services, and
2) copies of documentation showing whether town attorney
Shannon Burnett is being paid for the MPA matter outside her normal agreed-upon
annual compensation from the town.
In the Aug. 30, 2021 response, the Town’s outside counsel,
David Black, an attorney with Nexsen Pruet law firm in Columbia, went into
lengthy detail clarifying two exemptions that he claimed allows for the Town to
withhold the requested documents:
1)“S.C. Code Ann. § 30-4-40(a)(3)(A) provides an exemption
to FOIA where the records or information requested would interfere with a
prospective law enforcement proceeding. The records and information you have
requested would interfere with a prospective law enforcement proceeding.”
(Black did not explain the nature of that law enforcement
proceeding and did not respond to The Voice’s request for copies of subsequent
invoices to the Town for his firm’s legal services.)
2) “S.C. Code Ann. §
30-4-40(a)(7) provides an exemption to FOIA for Attorney Work Product and any
other material that would violate Attorney-Client Relationships. The records
and information you requested will not be provided as it is Attorney Work
Product and is also exempt via the Attorney Client Privilege.”
In a clear reversal of this response, Black, did, however,
forward the requested documentation to The Voice with only one paragraph
redacted and with the following explanation for his decision to release the
documentation to The Voice:
“While the engagement letter clearly is marked privileged, the Town is producing the redacted version of the engagement letter, subject to and without waiving such privilege, in hopes that such production will put an end to your [The Voice’s] ongoing attempts to assist MPA and Ms. Hunter in their litigation that has damaged the Town. [See Publisher’s Note]
Besides including the redacted letter of engagement, Black,
acknowledged that the Town’s municipal attorney, Shannon Burnett, is not
receiving compensation for her work on the MPA lawsuit and the Town’s
countersuit outside what she is normally paid by the Town.
While one paragraph of the engagement letter, dated April
21, 2021, was redacted, the letter disclosed that the Town paid Black an
initial $5,000 retainer and that an additional retainer could be required if
there is a change in the scope of the engagement such as the firm’s appearance
in litigation.
The Voice has issued a second FOIA to the Town for
information pertaining to any additional retainer fees charged to the Town
since MPA filed suit against the Town on June 28, 2021.
The letter of engagement also revealed that Black’s fee is
$475 per hour and that another attorney in the firm, who would be assisting the
Town, charges a fee of $315 per hour.
According to the letter, the Town also agreed to pay for any
ancillary fees billed to the firm by third parties and any necessary expenses
for travel, lodging, meals mileage, copies, computerized research, staff
overtime and other expenses related to the terms of the firm’s agreed upon
engagement with the Town.
In an initial Aug. 3, 2021, response to The Voice’s July 20
FOIA request, Black refused to send the letter of engagement and other
requested documents, stating that “The Town has advised that it is in
possession of responsive records as you describe in your request, however, such
records are exempt from disclosure pursuant to S.C. Code Ann. 30-4-40(a)(3) and
(7).
The Voice responded on Aug. 20 that, “When an exemption is
cited in a written determination response to a S.C. FOIA request, it must be
fully stated. Simply citing to 30-4-40(a)(3) does not satisfy your legal
requirement to cite an exemption. (a)(3) has seven subsections (A)-(G) and each
carries a different rationale to keep information exempt.
“Until you provide a written determination that includes
which exemption you are using – I’m assuming you aren’t saying all seven
subsections apply simultaneously – it’s not possible for me to know if I have a
right to access information of this/these type(s). Please clarify which of the
subsections you are intending to cite for nondisclosure.”
With no response after a week, The Voice sent another email
to Town Administrator Carroll Williamson on Aug. 27, 2021, with a deadline of
Aug. 31 for a response. That response (detailed at the beginning of the story)
was received on Tuesday, Aug. 30 at 5:42 p.m.
Publisher’s Note: The Town and Black continue to blame The Voice and others for the predicament it finds itself in, but the reference to The Voice here describes what newspapers do – seek and report information of interest and significance through the use of material gathered from sources and public records.
Winnsboro Town Manager Jason Taylor looks to bring the downtown to new glory days. | Contributed
WINNSBORO – Two months into his new job as town manager in Winnsboro, Jason Taylor says he’s been meeting with council members, other local leaders and town staff to hear their concerns and priorities and help formulate a vision for the future.
Among the priorities on their list: improve the town’s utility
services, increase utility revenue through efficiency and growth, and spur the
revitalization of Winnsboro’s downtown on a 21st-century model.
“We have a new mayor, I’m new, and we’ve got a number of new
staff members, within our utilities. We appreciate what’s been done in the
past, but sometimes a new set of eyes can see it with a different perspective,
and hopefully things can progress,” says Taylor, who previously served as
county administrator for Fairfield County before taking the job with the town.
“Sometimes a new perspective can be a good thing.”
Like the county, the town has experienced significant
political and staff turnover this year. But looking toward the future with
development plans, Taylor says he’ll likely be working on many of the same
projects because the town and county are inextricably linked.
“Regardless of what happened in the past, I see us moving
forward together. We have to work together…. Our interests are essentially
aligned,” he says.
“If they do good, we do good, and vice versa. If the county
has [an industry] come in, that’s more jobs for our citizens and that’s more
water and utilities we’re going to sell. If the town grows, I don’t think
people realize it, but outside the nuclear power plant, the citizens of Winnsboro
pay more collectively in property tax than any other entity.”
For the town’s utilities, Taylor says a top priority is the
implementation of an electronic meter-reading system, which began under the
leadership of the recently retired former mayor. Another priority will be
getting the town’s water plant up and running 24 hours a day.
He says the town is uniquely positioned because of its four
utilities – water, sewer, gas, and electric – which generate most of its
budget. Those, he says, can be run more efficiently – a change that will
benefit citizens as well as the town’s bottom line. The net goal will be
expanding utility services, especially water, in order to improve the system.
“We’ve got up to 10 million gallons of water capacity that
we could sell,” he says, noting that the town is currently using less than
one-fifth of that capacity. “In the past I think we’ve had to turn people away
because we didn’t have sufficient capacity. Well, we have that capacity now.”
Taylor says the town will also be very involved in the
county’s big sewer plant project; the town is critical to moving the project
forward and also has the infrastructure and expertise to operate the plant.
With regard to revitalization, Taylor says he’s been
studying examples of other small towns that have found success. Some very small
mountain towns, he says, have “caught lightning in a bottle” by attracting the
right kinds of restaurants, brewpubs, and boutique venues.
“I want to see it a vibrant community where people want to
come live, where you can walk from your house to a wonderful shop or restaurant
on Main Street and quality of life is improved for our citizens. I want a
downtown that is vibrant, thriving and alive, and where people want to visit
and want to live,” he says.
“I think you’ve got to kind of find your niche and you’ve
got to do a lot of work and planning to figure out how to make it happen.”
An important part of that planning process, he says, is
recognizing that the romantic or nostalgic vision that has driven some
revitalization efforts – hopes of bringing back the five-and-dime or the
mom-and-pop hardware store as a downtown anchor – is misguided in the era of
Walmart and Amazon.
Instead, he says, downtowns need the right mix of
“atmosphere” in the form of historic buildings – and Winnsboro has plenty – and
shopping and dining venues that are attractive to 21st-century visitors who are
looking for something different than what’s offered by chain restaurants and
big-box stores.
He says Winnsboro’s downtown center, which already has an
identity and sense of place, is the perfect location for this to take place.
In the effort to bring sustainable businesses to Winnsboro’s
downtown, he says the town will likely seek grants to help redo old buildings
and perhaps create a spec building for retail – similar to the way industrial
developers build spec buildings to attract industry.
“You’ve got to prime the pump,” he says. “We want to make it
easy for them to choose Winnsboro – not have to go through a bunch of
headaches, time and money before they can open a business here.
“We hope to make it easy for people to do business in
downtown, and then, hopefully, success will lead to more success.”
COLUMBIA – South Carolina Attorney General Alan Wilson
announced the arrest of Taylor Mackincy Schiel (age 19), of Blythewood, SC, on
six charges connected to the sexual abuse and sexual exploitation of a minor.
Internet Crimes Against
Children (ICAC) Task Force investigators with the Attorney General’s Office
made the arrest. Investigators with the
United States Secret Service, Homeland Security Investigations (HSI), Federal
Bureau of Investigation (FBI), and Richland County Sheriff’s Office, all also
members of the state’s ICAC Task Force, as well as the Texas Department of
Public Safety, assisted with this investigation and arrest.
Investigators received a CyberTipline report from the
National Center for Missing and Exploited Children (NCMEC) which led them to
Schiel. Investigators state Schiel engaged in criminal sexual conduct with a
minor, as well as produced and distributed sexually explicit images of a minor.
Schiel was arrested on August 25, 2021. She is charged with two counts of criminal
sexual conduct with a minor, first degree (§16-3-655(A)(1)) a felony punishable
by a minimum of 25 years on each count; two counts of sexual exploitation of a
minor, first degree (§16-15-395), a felony offense punishable by up to 20 years
imprisonment on each count; and two counts of sexual exploitation of a minor,
second degree (§16-15-405), a felony offense punishable by up to 10 years
imprisonment on each count.
This case will be prosecuted by the Attorney General’s
Office.
Attorney General Wilson stressed all defendants are presumed
innocent unless and until they are proven guilty in a court of law.
Editor’s note: This Uncovered investigation was produced in collaboration with The Voice of Blythewood and Fairfield County, The Aiken Standard, The Anderson Observer, The (Chester) News and Reporter, The Gaffney Ledger, The (Greenwood) Index-Journal, Kingstree News, The Newberry Observer, The (Orangeburg) Times and Democrat, and The Sumter Item.
In South Carolina, everyday residents who don’t pay their
traffic tickets can be sent to jail.
Motorists who fall behind on their vehicle taxes can be taken off the road.
Homeowners can be saddled with property liens for failing to
cover their debts.
But public officials who refuse to pay their fines for
skirting the state’s ethics laws? They can keep their powerful posts
indefinitely.
Year after year, dozens of them from across the Palmetto
State blow off fines they owe to the state Ethics Commission, allowing their
debts to accrue with little or no consequences. The total owed to taxpayers?
Nearly $2.9 million racked up by 370 politicians, local officials and various
deadbeats who refuse to pay up, an Uncovered investigation has found.
The investigation identified no fewer than 50 officials with
more than $250,000 in outstanding debts who currently hold office. They are
mayors, county council members, auditors — even state lawmakers — serving in
influential posts from South Carolina’s Upstate to the Lowcountry.
Unlike in other states, nothing in South Carolina law
prevents these debtors from continuing to hold or seek office. And they do.
Scores of them have won re-election while stiff-arming the state’s ethics
watchdog, a strapped agency with little authority to collect on its fines.
The $2.9 million in outstanding fines is about double what
the Legislature provides the agency in annual funding. The commission relies on
fines and fees for nearly a quarter of its funding, money it uses to hire
investigators and keep an eye on public officials.
The Ethics Commission almost certainly will never recoup all
the money owed. No fewer than 25 of its debtors are dead, the newspaper
investigation found. Roughly 130 more former officials left some $1 million in
fines in their rearview when they left office and have refused to pay up in the
years since.
Many of the fines stem from paperwork violations, like when
officials fail to file their personal financial disclosures or miss campaign
reporting deadlines. Such reports are bedrock to any system of government
accountability.
The Ethics Commission has also cited officials for
mishandling conflicts of interest and dipping into the public till. Some of
those offenders remain delinquent, too.
Among the ranks of the Ethics Commission’s “debtors list”: A
Columbia-area school board member who owes more than $57,000 in fines and late
fees after repeatedly neglecting to file campaign and lobbying disclosures and
misreporting spending from her campaign bank account.
A former Yemassee mayor cited for improperly signing checks
to his used-car business from town accounts. He said he was tricked into the
arrangement and refuses to pay his $35,700 debt.
A state lawmaker who promised he would address his $10,000
in fines when he ran for the S.C. House of Representatives in 2018. He never
did.
The Post and Courier dug through the list in collaboration
with 10 local newsrooms across the state as part of Uncovered, a yearlong
project dedicated to exposing government misconduct and the Palmetto State’s
broken system of ethical oversight.
The papers’ investigation shines more light on South
Carolina’s toothless efforts to police public officials.
It also reveals the strikingly low regard with which public
officials hold the Ethics Commission, the state agency charged with
watchdogging those we elect.
Some lawmakers, including Sen. Greg Hembree, have proposed
fixes, such as barring debtors from running for re-election until they pay
their ethics fines.
But those efforts have gained no traction in the General
Assembly.
“I don’t care how good your ethics law is … if you’ve got no
effective enforcement, you don’t really have a law,” Hembree, a Little River
Republican, said.
The Post and Courier and its Uncovered partners fanned the
state to study this problem, track down debtors who hold public office and get
to the bottom of why the Ethics Commission has such a hard time enforcing the
fines it levies.
Snowballing fines
On a Thursday morning in June, an investigator with the
Ethics Commission peered out into the common area of a glassy office building
in Columbia and called out a name.
“Samuetta Marshall?” he said three times.
He received no answer from the empty hallway. The Ethics
Commission had scheduled a hearing over a handful of violations against
Marshall, the longtime coroner of Orangeburg County. But she wasn’t there.
It was hardly a surprise. For years, the Ethics Commission
has struggled to reach Marshall and scores of other officials and persuade them
to file campaign reports and ethics disclosures that state law requires of
public officials.
Those disclosures are important. They show who is funding a
public official’s campaign and whether that official is spending that money
legally. Annual ethics filings — called statements of economic interest — show
an official’s sources of income and reveal possible conflicts of interest.
But, like Marshall, hundreds of public officials chronically
fail to file them on time. Many don’t file them at all.
Such infractions carry a $100 penalty in South Carolina.
Most officials who miss a deadline quickly come into compliance.
But some don’t, even after the ethics officials send
additional notices and begin imposing additional daily $100 penalties.
At Marshall’s June hearing, ethics agents laid out a list of
campaign reports and financial disclosures the veteran coroner had failed to
file. Records show Marshall missed the deadline to file her annual financial
disclosure eight times between 2009-19, along with other necessary campaign
reports.
Investigators testified they called, emailed and wrote
letters to Marshall. One said he reached Marshall just once, over the phone,
and she pledged to file the required reports. She finally did in January.
“I tried 11 times to get her to come into compliance,” the
investigator told ethics commissioners.
In a text message to The Post and Courier, Marshall
complained that the Ethics Commission was dinging her baselessly. She said she
didn’t rush to file a 2016 campaign report because she didn’t raise money for
that race. Marshall declined to address her failure to file several years’
worth of ethics disclosures until this year.
Last month, the Ethics Commission slapped her with a new,
$22,600 judgment for neglecting her disclosures. If Marshall fails to pay, she
will be the next public official added to the debtors list.
Clawing the money back
The 28-page list is already long because of the Ethics
Commission’s troubles to recoup what is owed.
The Ethics Commission is able to claw back a fraction of its
debts through wage and tax refund garnishment programs, about $89,000 a year
over the past five years. But as new names are added to the commission’s list
every year, those garnishment efforts barely make a dent.
And the Ethics Commission is not alone. The state House and
Senate ethics committees, which initially handle ethics complaints against
legislators, have scores of debtors and the same limited means of recouping
money from them.
The trio of debtors lists include three sitting S.C. House
members and U.S. Rep. Nancy Mace. The Charleston Republican faces a $5,100
fine, handed down in January, for missing a report on an S.C. House campaign
account she hasn’t yet closed but was tied to when she served in the
Legislature.
Asked about the matter by The Post and Courier, a
spokeswoman said Mace would address the fine and close the account.
Debtors must pay the fines out of their pockets, not with
campaign money.
The Ethics Commission often tries to resolve these cases by
offering to reduce their fines.
But even that doesn’t always work.
Consider the case of Lynchburg Mayor Andre Laws. In 2016,
the Ethics Commission slashed his $5,500 fine for failing to file a disclosure
form to $1,000, as long as he paid within 90 days. But Laws, who was re-elected
in 2019, never came through.
He told a reporter recently that the commission was
garnishing his $150 monthly government wage. He said he was “not going to take
money out of my household to pay this fine.” He now owes nearly $8,400.
In fact, much of the millions owed to the commission is
considered “bad debt” that the agency will likely never recover.
For one, a few of the fines are more than two decades old.
Many of the debtors are retirees who have no wages to garnish.
Another two dozen debtors will surely never be able to
square up with the Ethics Commission. At least not in this life. Before paying
off their fines, they died.
Thumbing their noses
McKie
Yet it’s nearly just as difficult for the Ethics Commission
to collect from officials who remain in the public eye. More than 50 debtors
continue to hold office, while largely ignoring the ethics agency’s demands.
Richland Two School Board member Amelia McKie owes more than
$57,000 — the highest fines among sitting officials. She failed to file her
campaign disclosures on time in at least 15 instances.
McKie told a reporter this month she “will continue to
comply with the Commission by continuing to chip away at the late fees.”
Others refused to own up to their behavior and pay their
fines even when found to have committed serious ethical breaches.
Glenn Miller, the former mayor of Branchville, hasn’t paid a
nearly $1,600 fine. The Ethics Commission ruled he used a town vehicle and
credit card inappropriately and then improperly voted on a matter involving
himself. Miller said recently he can’t afford to pay.
At least 20 of the debtors were also charged with criminal
offenses, in addition to their ethics infractions. They include:
Former Lt. Gov. Ken Ard, who resigned in 2012 after his
indictment for funneling $87,500 in “phantom contributions” to his campaign
account. The charges came after the Ethics Commission fined Ard for improperly
spending campaign cash on a PlayStation, flat-screen TV, football tickets and
trips. The Florence Republican still owes the agency $900 for more recent
paperwork offenses.
Ex-Richland County Councilwoman Dalhi Myers, who was
indicted and booted from office in December 2020 on 24 corruption charges.
Prosecutors allege she used her government credit card to cover tens of
thousands of dollars in flights and other personal expenses. She has not
entered a plea in that case.
Ex-Union County Clerk of Court Brad Morris, who racked up
more than $30,000 in ethics fines for paperwork issues. Then he was sentenced
to prison in 2011 for embezzling more than $200,000 in public funds.
Former Lee County Sheriff E.J. Melvin, who tallied $8,000 in
paperwork fines during his 2008 election campaign. Melvin was sentenced to 17
years in prison in 2011 for taking kickbacks to protect drug dealers.
State Rep. Bruce Bryant, a Lake Wylie Republican, said those
cases show why it’s critical the state have an aggressive watchdog with
authority to rein in misbehavior.
Passing the buck
Most of the Ethics Commission’s cases have never been
publicized. Thinning staff at local news outlets is one likely explanation. But
South Carolina’s Ethics Commission, unlike in other states, also doesn’t post
details of these cases online for the public to peruse.
Bamberg voters probably weren’t aware of City Councilwoman
Bobbi Bunch’s nearly $19,000 debt before re-electing her this year. In an
interview, Bunch said she is working to pay down her fines for failing to file
campaign reports in 2014 and 2017 and four years’ of financial disclosures. She
blamed her fines on the commission, saying it hadn’t done enough to warn her
about her missed filings.
Summerton Town Councilman Terrance Tindal was re-elected in
2020. That was despite owing more than $19,000 to taxpayers for missing
deadlines to file three annual financial disclosures. Tindal told a reporter he
wanted to “get it behind me” but wasn’t aware how much he still owed.
Making it right
In interviews, debtor after debtor shifted blame to the
Ethics Commission. They said the agency doesn’t adequately warn them about
their fines and is overzealous about prosecuting paperwork offenses. Some said
the agency’s online filing system is too difficult to navigate.
“This is not an ethics issue. It’s a clerical issue,” said
Pelzer Mayor Will Ragland, who owes the agency $17,300 after missing nearly 20
filing deadlines.
Former Ethics Commission leaders pushed back, saying the
commission goes above and beyond to train public officials on how to file their
disclosures, remind them about deadlines and contact them when there is a
problem.
The agency fields thousands of phone calls a year from
public officials. Staffers help them navigate the filing system and decide what
to disclose.
The excuses are “complete and total B.S.,” former longtime
Ethics Commission general counsel Cathy Hazelwood said.
“You do not wake up one morning without notice with a
four-figure or five-figure debt owed to the commission,” said Hazelwood, who
was the agency’s top lawyer from 1999 to 2015.
State Rep. Shedron Williams owes more than $10,000 in fines
from paperwork issues during his time as a Hampton County councilman. He blamed
his issues on a person he said he hired to handle his paperwork. The Hampton
Democrat said he was asking the Ethics Commission to waive his fines.
It isn’t the first time Williams has pledged to address the
debt. During his successful 2018 campaign for a Statehouse seat, he told the
Island Packet newspaper of Hilton Head he would take care of it. He never did.
A fix on the horizon
During his two years as the Ethics Commission’s director,
Steve Hamm saw plenty of problems with the agency’s ability to enforce its
rules.
“There has to be some consequence,” said Hamm, who left the
agency in 2018. “Or people are not going to pay.”
For Hamm, one solution was simple: Bar debtors from running
for office until they have paid their fines. Other states, including Tennessee
and Missouri, have similar safeguards in place.
But S.C. lawmakers were less enthused when he approached
them with the idea, he said.
Indeed, efforts to pass that proposal into law have failed
again and again in recent years.
More accurately, the bills haven’t even been debated.
Still, two lawmakers who filed the proposals again this year
are hopeful the idea can gain momentum when the Legislature reconvenes in
January.
Hembree, the Little River Republican, noted there is
precedent in South Carolina law for barring certain types of people from
running for office.
Convicted felons, for instance, can’t get on the ballot until
at least 15 years after their sentence ends.
And in 2012, the S.C. Supreme Court booted as many as 100
candidates from their primary ballots for failing to timely file their
statements of economic interest, a move that hasn’t been repeated since.
After he was briefed on the findings of this story, Bryant
said he would bolster the ethics reform bill he proposed last year. The former
York County sheriff pledged to add language that would require the governor to
suspend elected officials from office until they pay their ethics fines.
“Maybe we should add a little more meat to that law,” Bryant
said.
Hembree likes the idea.
“That ought to get their attention,” he said.
Three lawmakers who might vote on such a bill, including
Williams, are on ethics lists themselves.
Democratic state Reps. Cezar McKnight of Kingstree and Carl
Anderson of Georgetown together owe more than $66,000 to the Senate Ethics
Committee after failed runs for Senate. Neither responded to requests for
comment.
South Carolina’s next-door neighbors have other methods of
adding teeth to their ethics enforcement.
North Carolina’s ethics commission refers cases with unpaid
debts exceeding $500 to the state attorney general, giving collection efforts
the full force of the state’s highest law enforcement officer. That office sent
demand letters to debtors in two dozen cases over the last three years.
Georgia also enlists its attorney general to help collect.
Like South Carolina, the state garnishes wages from debtors.
But unlike South Carolina, neither Georgia nor North
Carolina publishes a list of debtors.
South Carolina officials have seen that as a key strategy in
collecting the debts. In many cases, money would trickle in only after a
newspaper published an article about an official who owed.
Describing the agency’s strategy, Hazelwood said, “Shame
them.”
So far, in hundreds of cases, that hasn’t worked.
Barbara Ball of The Voice of Blythewood and Fairfield, Colin Demarest of The Aiken Standard, Greg Wilson of The Anderson Observer, Travis Jenkins of The (Chester) News and Reporter, Larry Hilliard of The Gaffney Ledger, Damian Dominguez of The (Greenwood) Index-Journal, Richard Caines of The (Kingstree) News, Andrew Wigger of The Newberry Observer, Dionne Gleaton of The (Orangeburg) Times and Democrat, Kayla Green of The Sumter Item contributed to this story. Intern Mary Steurer also contributed research.
BLYTHEWOOD – Blythewood 29016 residents will have the
opportunity to have input into recently updated county land development rules
with county staff on Thursday, Sept. 2 from 6 – 8 p.m. at the Palmetto Citizens
Amphitheater in Doko Meadows Park, 100 Alvina Hagood Circle in Blythewood.
The meeting, hosted by Richland County Council member Derek
Pugh (District 2 Blythewood), will focus on the revamped Land Development Code
(LDC).
The LDC is a set of regulations governing land use and
development in unincorporated Richland County. The code covers standards for
zoning districts and dwelling units allowed per acre, along with building
location, permitted uses, signage, landscaping and other rules.
County officials say the updating is a process to develop
regulations that implement a vision for where and how the county grows in the
21st century.
The updated LDC will be viewed in two separate sessions –
one for viewing the text portion of the revision and a later session for
viewing the map portion of the revision.
The updating began in 2017 and was touted as offering the
residents an opportunity to have input. The public sessions, however, were
poorly advertised and were not widely attended,” Pugh said.
Shortly after the first of the year, the planning staff
asked council members to pass the updated version of the LDC. Council, the
majority of whom had recently been elected to office, pushed back saying they
needed more time to look at the revisions.
“We couldn’t just pass it without familiarizing ourselves
with the new code,” Pugh said. “We also
wanted to be sure our constituents were familiar with the rewrite and were
happy with it. We didn’t want to just push it through. After all, it effects
people’s properties.”
A series of drop-ins was scheduled earlier this spring and
summer, but with little publicity about the drop-ins, few people showed up for
the meetings.
The Voice received no notification about the meeting from
the county. It was sent to the chamber for distribution to its approximately
146 members.
Pugh asked county to reschedule the meeting for Thursday,
Sept. 2.
The public can view the draft of the revamped LDC at
weplantogether.org. Find out more at www.richlandcounty sc.gov and navigate to
the Planning Department page.