Category Archives: Government restructuring

The departure of Caslen, the return of Pastides

Image from USC's "MEET OUR PRESIDENT: BOB CASLEN" page.

Image from USC’s “MEET OUR PRESIDENT: BOB CASLEN” page.

Well, I was planning to post something about General Caslen and his troubles, but now he’s gone.

So I thought, before I sit down to dinner, I’d post something to give y’all a chance to comment.

No great hurry since this isn’t a news blog. It’s an opinion blog. Trouble is, unlike most of South Carolina, I’ve never had very strong opinions about the guy — from the time of the brouhaha over his hiring until now, I was just watching and trying to make up my mind. Then these three things happened:

  • In a graduation speech, he called USC “the University of California.”
  • Also in a graduation speech (I’m not sure which one of the many he delivers), he plagiarized something Adm. William McRaven had said. After this, it was reported that he had offered his resignation to the trustee board chair, but that it was declined.
  • Then, we learned that the interchange between him and the board chair had occurred without the other members of the board knowing about it. And from what I read about that over the last day or so, some were kind of ticked about it.

I wouldn’t have fired him — or demanded his resignation, or whatever — over his confusing us with Berkeley. People make mistakes. It was a pretty weird mistake, but not a firing offense. But it was not a good thing. And as I collected information toward forming my impression of Caslen, that definitely went into the “bad stuff” pile.

And this was not a guy who could afford to have a lot of stuff in that pile, given the squirrelly way he was hired, and the fact that in the last two weird years, I hadn’t tossed anything, that I can recall, into the “good stuff” pile. So, not a good omen.

Nor would I completely abandon him over the plagiarism thing. I mean, you know, I love Joe Biden, so I’m sort of obliged to be open-minded about that. Still, it was something for the “bad stuff” pile.

At this point, I’m really wondering when he’s going to give me some stuff for the other pile.

The worst thing, for me, was the business about the board not being consulted before the chairman went through the whole “I surrender my sword/No, sir, I do not accept it!” routine. Of course, that’s not really on Caslen, is it?

That takes us back to the days when his hiring was being protested. Many of the most passionate people were calling for changing the governance structure.

Well, we just got a huge reason to seriously consider that. Because this board appears to be a mess.

My position on that is unchanged since about 1991 — back then, I advocated doing away with these medieval fiefdoms governed by their own, separate courts. I think we should do away with the USC trustees, the Clemson trustees, all those separate little kingdoms, and have one board governing higher education in the state. Make it a real state system, rather than competing private businesses. (Oh, and also restore state funding so they really ARE state institutions.)

That’s never come remotely close to happening, apparently too big a pill for too many, but we need to do something other than having all these little fiefdoms and princelings.

I’d be interested to see a real discussion about that, or about something other than what we have.

Meanwhile, I welcome back Harris Pastides, for however long the interregnum lasts. He’s a good guy…

 

 

 

Go read Cindi’s column on the restructuring proposal

It’s a good piece, rightly taking Democratic leadership to task for their ham-handed attack on the freshmen’s proposal, and also showing due hesitation about a convention.

Of course, Cindi agreeing with me on a “Power Failure” issue is not exactly news, but maybe y’all will like the way she explains it better.

So go click on it. Then go to another device and click on it from there. Because I worry that serious, complex reform issues such as this don’t get enough coverage in an age when it’s all about the clicks. Cindi sort of indirectly alludes to that problem within her column:

I mean, if it weren’t for Trav Robertson’s delusional (or deliberately deceptive, or embarrassingly ignorant) rant, how could I get anybody to read about legislation proposed by most freshman legislators to blow up South Carolina’s government and start over?

Actually, now that I put it that way, maybe that’s something you would find interesting…

One hopes. But just to make sure, go read it a few times. And click through when she gives you links to the two bills, and other links.

It ends on a hopeful note. While a constitutional convention may be dangerous, and while this proposal may go nowhere, this year, it’s very encouraging that this many freshmen actually understand what’s really wrong with state government.

Which makes them the savviest freshman class I’ve ever seen. And that gives me a lot of hope for the future, when these lawmakers have more pull — if they can get re-elected. As Cindi puts it:

Cindi recent mugWhat is significant, hugely significant, is that most of our state’s first-term legislators have decided that South Carolina’s biggest problem is that the Legislature has too much power. And they have concluded that the problem is so dire that it warrants the most radical solution they can think of — within the confines of statutory and constitutional law — because the Legislature is not going to voluntarily relinquish a significant amount of power.

What is significant is that these freshmen understand that this whole exercise is a waste of time unless they make voters understand that their frustration and anger about our state’s failures is a result of the way our government is structured. They say they are willing to invest the energy and resources and time to do that.

If they succeed, we won’t need to take a chance on a constitutional convention, because the Legislature will make the changes itself….

But go read the whole thing

Micah and the freshmen take on Power Failure, big time

micah release

I got this release today from my representative, Micah Caskey. I’ve told you he’s been pretty bold — in good ways — for a freshman. Now, he’s outdone himself — and brought a bunch of other frosh along with him.

They’re calling for no less than a constitutional convention to address the deep structural problems in our form of government in South Carolina. Here’s the main thrust of the release:

A bi-partisan group of twenty-six freshman members of the South Carolina House of Representatives and the South Carolina Senate introduced a bold plan today to reform state government. Lawmakers from across the state called for the adoption of a new state constitution. Bills introduced in both bodies seek to replace the legislatively-dominated and antiquated framework of the South Carolina Constitution of 1895. In the most ambitious reform effort since Gov. Carroll Campbell’s restructuring work in the early 1990s–and the first such endeavor led by the legislature–the plan unveiled today will result in an improved, more transparent, and more efficient state government that is accountable to the people.

Micah Caskey cropped

Caskey in 2016

The 1895 Constitution, the seventh in South Carolina history, was notoriously borne out of “Pitchfork” Ben Tillman’s explicit motivation to elevate the power and influence of white South Carolinians at the expense of black citizens. The resulting state government structure diffused responsibility throughout the General Assembly and subjugated the executive and judicial branches of government to the legislature. The legacy of Tillman’s effort continues to shackle us today.

Today’s initiative seeks to restore balance in state government. South Carolina’s governor must have the authority and control to lead the executive branch through a cabinet form of government that is not dominated or micromanaged by the legislature. Likewise, the judiciary must be an equal branch of government that is appointed with participation from both the executive and legislative branches. Reforming state government will reduce the legislature’s outsized influence and restore three, co-equal branches of government.

The bills introduced today propose a ballot referendum for South Carolina’s citizens to call only for a state constitutional convention; this process cannot in any way, whatsoever, limit the freedoms and liberties guaranteed under our United States Constitution….

The problems are basically the same ones I — and a large portion of The State‘s then-considerable newsroom — addressed in the huge “Power Failure” series in 1991 (tagline: “The Government that Answers to No One”), when Micah and many of these other folks were in grade school, (if that old). But the diagnosis didn’t originate with me or Cindi Scoppe or any of the others on the Power Failure team. Some of the main remedies we wrote about then had been recommended by one blue-ribbon panel after another since about 1945.

Micah, et al., are proposing to go a step further, calling a con-con. I always stopped short of that, because anything could happen in one of those, depending on who the delegates are. A convention could come up with proposals that make things worse, so I’ve always been leery.

In fact, my original idea for Power Failure came from a series of op-eds written by Walter Edgar and Blease Graham in 1990, in which they did advocate a convention. But I still preferred to advocate “do this, specifically” to lawmakers, rather than having them call a convention and see which way they went.

But maybe it’s time. After the partial restructuring of 1993 after our series (and with Gov. Campbell pushing it hard), reform has languished, although every few years we’ll get a small additional piece — for instance, we’ll be enacting another bit of it when we elect the lieutenant governor on the same ticket as the governor (if the General Assembly ever figures out the rules).

Several years back, Vincent Sheheen suggested taking the plunge, and even then I worried about buying a pig in a poke. But South Carolina needs fundamental reform, and it’s been so long, so maybe it’s worth the risk now.

I’ll watch with interest to see how their elders respond to this call for deep and needed change.

Bullying local governments: An issue bigger than plastic bags

What do these have in common with bump stocks?/photo by Dan4th Nicholas

What do these have in common with bump stocks?/photo by Dan4th Nicholas

This Tweet reminded me of something I meant to post about:

First, kudos to James for standing up on this: Forbidding local governments to clean up their communities is unconscionable.

But there’s a much bigger issue here than plastic bags littering the landscape: More than 40 years after passage of the Home Rule Act, the South Carolina General Assembly continues to bully local governments, preventing South Carolinians from running their own affairs in their own communities as they see fit.

It was always thus. From the beginning, long before the Recent Unpleasantness, the small class of plantation owners who ran things from the Legislature kept local governments weak, just as they did the governor. Home Rule was supposed to fix that, at least on the county level. But lawmakers kept vestiges of the Legislative State — such as unaccountable Special Purpose Districts (think Richland County Recreation Commission, and the Elections Commission in the same county). In some counties, state lawmakers even continued to run local schools.

And when local officials dare to try to improve their communities without the permission of the state, they can expect to have the state jump on them, hard.

We all saw what happened, nationally and locally, after the mass shooting in Las Vegas: Pretty much everyone, across the political spectrum, agreed that nobody needed a “bump stock,” and that the deadly devices were bad news all around.

And then, on the national level, nothing happened. And here in Columbia, elected officials decided they would act, within their limited ability to act: They banned the use, although not the possession, of bump stocks within the city limits.

It wasn’t much, but it made national news, and was much applauded as a case of some elected officials, somewhere, being willing do something.

So of course, a group of SC lawmakers decided they weren’t going to allow that. So Reps. Jonathon D. Hill, Craig A. Gagnon, Anne J. Thayer, Joshua A. Putnam — none of whom live anywhere near Columbia — sponsored H. 4707, “so as to provide that a political subdivision may not regulate firearm accessories.”

It’s the same old story in South Carolina: These lawmakers don’t propose to DO anything; they just want to make sure nobody else does anything….

Can this takeover of Allendale schools make the difference?

Allendale County schools are known for a number of things, none of which is excellence.

SC Supt. Molly Spearman

SC Supt. Molly Spearman

The dysfunction starts at the top. Back in the ’90s, a school board member was accused of pulling a knife on the board chairman during a budget discussion. He was later, it should be said, acquitted.

A while later, then-Superintendent Inez Tenenbaum took over the district for a time, and for a time, things got better. But what gains there were were lost in the decade since local folks resumed control.

Now, Molly Spearman is trying again. And she’s laying the blame for the schools’ failure squarely upon the local officials:

“Management decisions that put self-interests ahead of our students’ achievement are unacceptable, and I will not stand by while students get left behind because of decisions the adults are making,” she said.

She declined to give specifics, other than to say whenever a new principal or superintendent attempted to make changes, Allendale County’s board intervened, and that nepotism can be a problem in the county of fewer than 10,000 people. Officials should make decisions based on “what’s best for students, not their relatives,” Spearman said….

She’s not being specific, but what she’s implying sounds pretty disgusting. Nevertheless, the local officials seem unashamed of themselves, since they’re suing to stop the takeover.

It will be interesting to see on what grounds local officials argue they should maintain control, given their record.

Locally-run schools are a great thing, when a community has the capacity, commitment and integrity to run them. Apparently, Allendale has again shown that it does not. Under the principle of subsidiarity, things should be run by the smallest and most local entity with the competence to run them. In Allendale County, that would appear to be the state.

Here’s hoping that this time, progress sticks. But I wonder whether that’s even possible unless the state keeps control indefinitely.

Micah Caskey’s thoughtful words on gas tax bill

When I first met Micah Caskey last year, I was still toying with the idea of running for the House seat he was seeking. My interview with him put that out of my head, I was so impressed with him. I agreed with him on so many things, and was so impressed by the thoughtful way he approached every issue even when I didn’t agree, that it occurred to me that if I did run against him, I might be tempted to vote for him anyway.

The statement he posted on Facebook regarding the roads bill just passed over the governor’s veto provides a sample of what I’m talking about. When I posted in passing about him and the bill yesterday, I had not yet seen this.

I’m not sure if this is the same statement he made on the floor of the House yesterday, but whatever he said there also made an impression, judging by multiple Tweets from  and , reporters for The State.

An example:

As I said, an impression was made.

Here’s what he said on Facebook:

The #1 issue in South Carolina is improving our state’s transportation infrastructure. Our roads are in terrible condition and we’ve got to fix them.

Micah Caskey

Micah Caskey

I want to address my position on the roads. This is a rather long post, but I think it’s important that I share where I stand on the issue. I ran for office promising folks that I would call the balls and strikes as I saw them, even if it wasn’t politically popular.

Well, ladies and gentlemen, it’s time to pay the piper. It’s time to raise our state’s gas tax.

Sadly, the Governor hasn’t had anything helpful to say about fixing the roads. Instead of drawing a roadmap for how things can be improved, he’s chosen to do what we’ve come to expect from career politicians:

1. Put head in the sand
2. Yell “CONSERVATIVE!”
3. Hope nobody pays attention to reality

In the absence of Executive Branch leadership, the task of fixing roads has been taken up by the Legislative Branch. Unfortunately, crafting the law to fix the roads in the General Assembly as been incredibly contentious. There are a lot of cooks in the kitchen and everybody thinks his or her solution is best.

The 124 members of the S.C. House gave it our best shot in House Bill #3516. And, as is their custom, the 46-member S.C. Senate returned the House bill will something that looked very different. (To their credit, the Senate did at least manage to break from their tradition of not passing a roads bill out at all.)

When the House and the Senate don’t agree on versions of a bill, the parliamentary rules require there to be a “Conference Committee”, made up of 3 members from each body, to sit together and negotiate a compromise.

If you think of each body’s initial bill as a compromise from within that respective body (you need a majority vote to get out of the body, after all), the Conference Committee’s version is a Compromise of Compromises.

An ugly baby, to be sure.

I have broken down the Conference Committee version of H.3516 below. Like me, there’s probably a lot you don’t like about it. But, ultimately, the two must-haves (for me to vote for it) are there:

1. Gas tax money goes ONLY to roads (no sidewalks, parks, etc.)

2. There is reform in governance at DOT so that citizens can rightfully hold the Governor accountable for the performance of his agency.

This bill has both. (1) All new revenue must go into the Infrastructure Maintenance Trust Fund for existing infrastructure improvement only. (2) The Governor directly appoints all of the DOT Commissioners, with approval by the entire General Assembly — not just the Senate — and can remove a Commissioner at-will, on his own.

In truth, I think we need to eliminate the DOT Commission entirely and elevate the Secretary of Transportation to a Cabinet seat, but my view is a minority view in the 170-member General Assembly (we lost an amendment vote to do that in the House 33-84). Nevertheless, I think the Conference Committee version gives citizens the ability to hold the Governor accountable when the Commissioners he appoints stray from his priorities.

South Carolina deserves action. If past Governors or General Assemblies had acted in the past, we wouldn’t be in this position. However, since we can’t go back in time, our choice is simplified.

I don’t think raising taxes is a good answer, but I also see it as the only realistic answer for this problem. There’s no magic roads fairy coming to fix this. Waiting on the ‘perfect’ answer doesn’t work in the military, and it doesn’t work here.

I will vote to adopt the Conference Committee Report, and if the Governor chooses to put his own career ahead of South Carolina’s best interest, I’ll vote to override his veto.

Certainly don’t let me get in the way of your government-hating. I encourage you to be skeptical. I implore you to scrutinize SCDOT more than ever. I certainly will. Whether through the Legislative Audit Council, Inspectors General, or the Legislative Oversight Committee, I will be working to ensure SCDOT delivers a better investment return of tax dollars than they have in the past. I invite you to put your energy toward the same.

From where we are today, a gas tax increase is the only responsible solution.

-Micah

—-

Conference Report on Roads Bill
GOVERNANCE AND REFORM

● Provides real accountability and transparency at the Department of Transportation (public records, mandated meetings, ethical requirements for commissioners)

● Gives Governor complete control of the Commission with a clear line of authority and at-will removal

● Highway Commission organized to reflect regional representation with 7 Congressional districts and 2 statewide at-large members appointed by the Governor (adds 1 member to current structure)

● Requires General Assembly, not just the S.C. Senate, to approve all 9 Highway Commission appointees

● Strengthens DOT’s control over project authorization and financial decisions by the State Transportation Infrastructure Bank
FUNDING

● Creates a long-term and sustainable funding stream by increasing the motor fuel user fee by 2 cents/gallon over the next 6 years, not exceeding 12 cents/gallon

● Safeguards taxpayers from future automatic tax increases by not indexing for inflation

● Protects SC taxpayers from continuing to solely foot the bill for infrastructure repair by not using General Fund dollars and captures 30% of the motor fuel user fee revenue from out-of-state motorists

● Creates an Infrastructure Maintenance Trust Fund to ensure all new revenue collected from the motor fuel user fee is used only for existing infrastructure needs

● Does not increase or change fees for South Carolina driver’s license applications or renewals

● Increases funding for County Transportation Committees targeted to repair rural and secondary roads

● Captures revenue from alternative energy motorists by creating a biennial registration fee for all hybrid and electric vehicles

● Established a road use fee to capture revenue from out of state truckers

● Raises the cap on motor vehicle sales tax to $500 and creates a $250 out of state maintenance fee

● Incentivizes road construction industry to return to SC with responsible infrastructure investment

● Provides $640 million in new annual revenue for infrastructure maintenance needs when fully implemented

TAX RELIEF

● Includes responsible tax relief to offset the user fee increase for South Carolina residents

● Offers a refundable income tax credit equal to the motor fuel user fee increase that must be reauthorized prior to 2023

● Enhances already existing College Tuition Tax Credit for every South Carolina tuition-payer to enhance workforce development

● Contains a non-refundable Low Income Tax Credit for working families (not federal model)

● Increases the maximum income tax credit from $210 to $350 for dual income household joint filers

● Reduces SC manufacturers property tax burden by $35 million using a phased-in approach over 6 years

I’m proud he’s my representative. We need a lot more like him. Keep up the good work, Micah!

One thing should be deader than Trumpcare — the idea that you can (or should try to) run government like a business

By Michael Vadon via Flickr

By Michael Vadon via Flickr

Maybe Trumpcare — or Ryancare or, more accurately, Don’tcare — is dead. But I know of one thing that should be even deader: The absurd notion, which too many people cling to as an article of faith, that government can and should be “run like a business.”

And even deader than that (if, you know, you can be deader than something that’s deader than dead) should be the laughable idea that the best person to run a government is a businessman with zero experience in government — especially if that businessman is Donald J. Trump.

Remember all the silliness about how Trump was going to be so awesome because he’s such a great deal-maker (just ask him; he’ll tell you — over and over)?

Well, so much for that. The one deal he had to close to meet minimum expectations of the base — repeal that “awful” Obamacare — was so far beyond his abilities, it would be hard to find a better case study of how the skills involved in accumulating a bunch of money in real estate have nothing to do with the skills involved in corralling votes in Congress.

And yet… in spite of all the above… we read this this morning:

Trump taps Kushner to lead a SWAT team to fix government with business ideas

President Trump plans to unveil a new White House office on Monday with sweeping authority to overhaul the federal bureaucracy and fulfill key campaign promises — such as reforming care for veterans and fighting opioid addiction — by harvesting ideas from the business world and, potentially, privatizing some government functions.

The White House Office of American Innovation, to be led by Jared Kushner, the president’s son-in-law and senior adviser, will operate as its own nimble power center within the West Wing and will report directly to Trump. Viewed internally as a SWAT team of strategic consultants, the office will be staffed by former business executives and is designed to infuse fresh thinking into Washington, float above the daily political grind and create a lasting legacy for a president still searching for signature achievements….

Wow! He’s still spouting that stuff! You’d think that, after it was all proved to be nonsense on Friday, he’d give it a little time before repeating it!

But when you live in a fact-free universe, I guess this is how it goes…

You know what’s ‘not what elected office should look like?’ Coronor, that’s what

Probably the dumbest headline I’ve seen this week was this one: “House panel moves to scrap education, experience requirements for coroners.”

Riiihhhgt… because that’s just what we need in the official who investigates unattended deaths in our counties — less expertise.

And the body of the story didn’t make a better impression than the headline:

Todd Rutherford

Todd Rutherford

An S.C. House panel Wednesday unanimously OK’d a proposal to scrap state laws requiring that county coroners meet education and experience standards.

State Rep. Todd Rutherford, D-Richland, says his bill strips “onerous” state laws that ensure only a handful of people in each county can run for the position.

“That’s not what elected office should look like,” Rutherford said, adding more qualifications are required of county coroners than U.S. presidents….

Let’s set aside the fact that this moment, when we’ve just elected the most outrageously unfit president in history, is not the best moment to tout the presidency’s lack of prerequisites… and move on to my point.

Which is this: The office of coroner is itself precisely “not what elected office should look like.” Coroner, a strictly technical, magisterial position that has nothing to do with politics, is precisely the kind of office that it is idiotic to fill by popular election.

If you want the job done right, you have the county administrator interview qualified candidates, and hire the person with the best experience and credentials.

You want to amend the law in a way that makes sense? Don’t dumb down the office in some misguided nod to democracy. Go the other way. Start by taking “coroner” off the ballot.

Thank for the leadership, Speaker Lucas

If seems that Grover Norquist no longer runs the South Carolina House of Representatives.

Jay Lucas does. And he’s doing a good job. Along with Rep. Gary Simrill and everybody who voted for his bill yesterday.

It shouldn’t be remarkable that the House just voted to increase the state gasoline tax by (eventually) 10 cents a gallon. After all, everything about the situation would tend to lead any reasonable person to take that action:

  • We need road repairs.
  • We lack money for road repairs.
  • We have a tax that is dedicated to paying for road needs.
  • That tax is among the lowest in the country.
  • It hadn’t been raised for 30 years.

But as we know, our Legislature hasn’t been inclined to make calm, objective decisions with regard to taxes since the GOP took over in 1995. Since then, taxes have been for cutting, no matter the situation — because ideology rather than real-life conditions have ruled. And that approach, as the Speaker says, “simply places politics above responsible public policy.”

Speaker Jay Lucas

Speaker Jay Lucas

Of course, you don’t have to be an anti-government ideologue to have reservations about a tax increase. And in this instance, it would have been wrong to give DOT more money without reforming the governance of the agency. But this bill takes care of that, too.

Is this a done deal? Nope, because it still has to get through the Senate, which unlike the House isn’t run by anybody. As a body, it has been as allergic to DOT reform as the House used to be to tax increases. And that’s not the whole story. There’s also Sen. Tom Davis, whom The State today described as “libertarian-leaning,” which made me smile. Tom leans toward libertarianism the way Donald Trump leans toward self-aggrandizement.

But I want to praise Speaker Lucas and the House for getting us this far.

Let’s clarify the Gov Lite succession, but I wouldn’t blame Leatherman for trying to dodge it

Tom Davis

Tom Davis

I’ve been getting Tom Davis‘ highly involved emails about the uncertainty surrounding what will happen with the lieutenant governor position if Henry McMaster becomes governor, but I confess I found them a bit dense and confusing, and didn’t read them all the way through.

So I didn’t fully focus on what he was on about until today, when Cindi Scoppe wrote about the issue, and ran excerpts from Tom’s recent speech on the matter.

Really, really simplifying it, Tom has two issues:

  1. He wants the Supreme Court to clarify a mess created by the General Assembly. Voters wisely decided several years back that we would, starting in 2018, elect the governor and lieutenant governor together. In the past, if there’s a vacancy in the lt. gov. position between elections, the president pro tem of the Senate becomes Gov Lite. After 2018, if there’s a sudden vacancy, the governor will be empowered to appoint a new lt. Unfortunately, the language lawmakers passed to go into the state constitution after the vote failed to specify that the governor wouldn’t have that appointive power until 2018, leaving it open to the interpretation that the governor has that power now.
  2. He wants Hugh Leatherman, who as Senate president pro tem is arguably the most powerful person in state government, to take the gov lite job, which is worth even less than the bucket of warm spit at which vice presidency is valued. Leatherman, quite understandably, isn’t even slightly interested in giving up the Senate post he’s spent his political career rising to.

I’m with Sen. Davis on the first point — the succession needs to be cleared up. Trying to follow what the law exactly is at this moment sort of makes my head hurt.

Leatherman

Leatherman

I’m not with him on the second. If the succession is done the old way, and Leatherman resigns temporarily from the pro tem position so someone else can have it long enough to become lieutenant governor, and he can then summon the votes to become pro tem again, well, more power to him. (Too much power, Sen. Shane Massey would say, but I say it’s up to the senators to decide whether they want their Finance chairman to be pro tem.)

Yeah, if the Court says it still works that way, the pro tem must become gov lite. But that doesn’t specify which pro tem. As we saw just a couple of years back, even if one just became pro tem five minutes ago, you’re the one who becomes lt. gov.

That time around, John Courson didn’t have the votes to quit for a few minutes and be re-elected. From what I hear, Leatherman does.

Yes, technically — if the Court rules that way — being pro tem entails becoming lt. gov. if there’s a vacancy. And Tom Davis seems to believe — as did Glenn McConnell — that this is some sort of sacred covenant that is somehow central to being pro tem. That seems a bit … off to me. I honor McConnell for following his conscience on that, but I’m just not entirely sure that he had the deep, moral obligation that he thought he did.

The voters of Florence County elected Leatherman to be their senator, not to be the lieutenant governor. His Senate colleagues chose him to be their leader, not to be lieutenant governor.

That the job of pro tem contains this condition of suddenly being demoted from the sublime heights to the lower depths of state officialdom, due to circumstances beyond one’s control, seems like a goofy, arbitrary penalty in a particularly capricious game. It’s like landing on Community Chest in Monopoly and getting a card that sends you straight to jail. It’s like an American-Ninja-style reality TV show in which, due to no failing on your part, a trap door suddenly opens under you and you fall into a vat of ice water. It does NOT seem like a provision drafted because it’s a sensible way to run a government. (I think succession laws make eminent sense — when it’s a matter of a promotion, like vice president to president. But this sudden penalty provision seems goofy.)

To respond to something Cindi suggested in her column: It would not be at all OK if the law were found to require the pro tem to become gov lite and Leatherman simply said, “I refuse.” That would be inexcusable, and then we’d have a real crisis on our hands. But if he’s willing to step down and run for the office again after some other poor soul becomes lieutenant governor, I say let him take his chances.

As one of his fellow senators, Tom Davis will then have not only the right, but the duty (since that’s what his conscience dictates) to vote against him, and try to persuade his colleagues to do likewise.

I don’t think this is an open-and-shut thing, and I can think of good reasons to take Tom’s position. But he doesn’t quite persuade me. Maybe some of you can….

Refreshing my memory about the Electoral College

rs-243008-lin

Never mind all the paintings you’ve seen; most photographs of “Hamilton” found via Google look like this.

In a comment earlier today, I sought to excuse myself from any errors in memory by confessing that I hadn’t read all of the Federalist Papers in decades.

Realizing that was lame, I decided that I should at least go back and read the one that addressed the subject at hand, the Electoral College. That’s Federalist No. 68, probably by Hamilton.

I must say, there was little mentioned about the importance of having the president chosen by states rather than masses of people, beyond oblique references such as these:

And as the electors, chosen in each State, are to assemble and vote in the State in which they are chosen, this detached and divided situation will expose them much less to heats and ferments, which might be communicated from them to the people, than if they were all to be convened at one time, in one place….

Talents for low intrigue, and the little arts of popularity, may alone suffice to elevate a man to the first honors in a single State; but it will require other talents, and a different kind of merit, to establish him in the esteem and confidence of the whole Union, or of so considerable a portion of it as would be necessary to make him a successful candidate for the distinguished office of President of the United States….

But such commentary is hardly necessary since the Constitution itself makes it perfectly clear that the president is to be chosen by electors who are themselves chosen by states:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

So there.

Of course, there is a good deal to suggest that Hamilton thought it proper that the method of selection defer to “the sense of the people,” not least the fact that the House would be the body to decide if a clear winner did not emerge from the electors’ deliberation.

Note that the idea that there should be deliberation, and not an up-or-down vote of the people, was crystal-clear:

It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated investigations….

Also, remember yesterday when I suggested that “It would be nice for it to be an actual COLLEGE, in which people study year after year our nation’s history and political science, so that they are completely infused with the kind of knowledge that Donald Trump utterly lacks?”

Hamilton would have hated that idea, apparently. He thought the temporary nature of the college — assembled ad hoc, for the immediate task of electing a president once — was one of the system’s great virtues. Of the Framers, he wrote:

They have not made the appointment of the President to depend on any preexisting bodies of men, who might be tampered with beforehand to prostitute their votes; but they have referred it in the first instance to an immediate act of the people of America, to be exerted in the choice of persons for the temporary and sole purpose of making the appointment. And they have excluded from eligibility to this trust, all those who from situation might be suspected of too great devotion to the President in office. No senator, representative, or other person holding a place of trust or profit under the United States, can be of the numbers of the electors. Thus without corrupting the body of the people, the immediate agents in the election will at least enter upon the task free from any sinister bias. Their transient existence, and their detached situation, already taken notice of, afford a satisfactory prospect of their continuing so, to the conclusion of it….

The context of that, by the way, was in part to guard against this danger:

Nothing was more to be desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the Union? But the convention have guarded against all danger of this sort, with the most provident and judicious attention….

Vladimir Putin might get a good chuckle out of that. But on the other hand, every foreign government except those of Russia and China preferred Hillary Clinton. Still, can the mechanism be said to work when the desires of our allies are thwarted, and the preferences of our adversaries granted?

If you haven’t wept for your country yet after last week, consider this hope of Hamilton’s:

The process of election affords a moral certainty, that the office of President will never fall to the lot of any man who is not in an eminent degree endowed with the requisite qualifications…. It will not be too strong to say, that there will be a constant probability of seeing the station filled by characters pre-eminent for ability and virtue. … we may safely pronounce, that the true test of a good government is its aptitude and tendency to produce a good administration….

Riiiight…

The final irony is that, while today the College is perhaps the most reviled part of the Constitution, at the time Hamilton saw it as hardly needing defending, since it was one of the few parts not being heavily criticized:

THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, or which has received the slightest mark of approbation from its opponents. The most plausible of these, who has appeared in print, has even deigned to admit that the election of the President is pretty well guarded. [1] I venture somewhat further, and hesitate not to affirm, that if the manner of it be not perfect, it is at least excellent. It unites in an eminent degree all the advantages, the union of which was to be wished for….

What a difference a couple of centuries make…

Haley fires the whole Rec board

Read this so early today, I forgot to mention it before…

How about Nikki Haley taking decisive action on the Richland County Recreation Board?

Gov. Nikki Haley is moving to fire all seven members of the Richland County Recreation Board.

The rare action by Haley comes after months of lawsuits alleging sexual harassment by recreation director James Brown III, who retired last month after he was indicted for misconduct in office.

It also follows allegations by a bipartisan majority of the 17-member Richland County Legislative Delegation that members of the appointed recreation board that oversaw Brown had grossly mismanaged the recreation commission’s affairs for years.

Lawmakers said board members allowed unwarranted pay raises and widespread nepotism and thus had neglected their duties.

In a 10-page executive order announced Thursday afternoon by the governor’s office, Haley affirmed the charges brought by the delegation majority and named the seven board members she seeks to remove.

They are: chairman J. Marie Green, vice-chair Barbara Mickens, Weston Furgess Jr., George D. Martin Jr., Joseph Weeks, Thomas Clark and Wilbert Lewis….

This is a bit more than lawmakers had asked for — they had just wanted to ditch the four who had most enabled Brown.

But they weren’t complaining. Sen. Joel Lourie sent me this last night:

In response to the Executive Order issued by Governor Haley today, members of the delegation issued the following statements:

Senator Joel Lourie:

“We thank the Governor and her staff for their diligence in pursuit of all the facts dealing with this complicated matter.  This has always been about what is fair and right for the employees of the Recreation Commission and about providing quality, fiscally responsible services to the citizens of Richland County.”

Representative Beth Bernstein:

“I want to personally thank the Governor and her office for hearing our concerns and taking this unprecedented, but warranted, initiative on behalf of the citizens of Richland County.  This Board will now be held accountable  and the voices of the aggrieved employees of RCRC have been heard.”

Representative James Smith:

“This is a critical next step to restore public confidence in the Recreation Commission.”

Of course, those are members of the pro-reform majority of the delegation.

One of the defenders of the status quo said this:

“This is an absolute overreach,” said Rep. Todd Rutherford, D-Richland, who said Haley should leave the board members alone. “They didn’t do anything illegal or unethical.”

Lawmakers urge Haley to remove recreation commissioners

I just received a copy of a letter the responsible majority of the Richland County Legislative Delegation just sent to Gov. Nikki Haley. It’s to follow up on what the lawmakers asked the governor to do in a meeting last week, before the hurricane.

It begins:

haley-letter

To read the entire 31-page document, click here.

Obviously, the governor has been quite busy since the meeting with the lawmakers, but one hopes she will attend to this as soon as practicable.

Actually, I should say, the two meetings with lawmakers. I understand she met separately with the minority that is NOT pushing for removing the problem commissioners.

Oh, and in case you’re wondering: The lawmakers who choose the commissioners do not have the power themselves to remove them. Just another of the insane things about special-purpose districts.

At this point, it is my duty as a journalist to digest the document for you, going through charge after charge. But I’m kind of busy with my day job at the moment. I thought I’d just go ahead and give y’all the whole thing now rather than delay. In the meantime, here’s a very fine news story done by my good friend John Monk.

Perhaps I’ll be adding to this post later…

Oh, one other thing: The lawmakers signing the letter (that is, the responsible lawmakers) are these (sorry I keep having to give you text as pictures; the PDF isn’t the kind that lets you highlight and copy text):

lawmakers

The OTHER lawmakers on the delegation are:

Darrell Jackson, District 21
John L. Scott, Jr., District 19
Dr. Jimmy C. Bales, District 80
Christopher R. Hart, District 73
Leon Howard, District 76
Joseph H. Neal, District 70
J. Todd Rutherford, District 74

‘A bidness doin’ pleasure:’ Cindi on how Ron Cobb changed us

I hope y’all saw Cindi Scoppe’s column today on how the late Rob Cobb, the most infamous lobbyist in South Carolina history, changed our state:

I DIDN’T KNOW Ron Cobb back when he was buying up a tenth of our Legislature for the FBI.

Didn’t even recognize his picture when FBI agents subpoenaed campaign disclosure reports for all 170 legislators, and legislators and fellow lobbyists started whispering that Mr. Cobb was somehow involved in what would come to be known as Operation Lost Trust.

In fact, while I would learn and write a lot about the cigar-chomping lobbyist who hummed his signature “It’s a bidness doing pleasure with you” while the hidden video camera recorded him counting out crisp $100 bills for legislators who promised to support his horse-gambling bill, I didn’t actually meet him until five years later…

He certainly had a big impact on Cindi and me. We did some of our best work ever chasing the Lost Trust story. Before it was over, Cindi herself had gone to jail, and I had spent a year explaining everything that was wrong with government in South Carolina. Our coverage of the scandal, and my “Power Failure” series, played a big role in my becoming editorial page editor later.

All because of Ron Cobb buying votes and wheeling and dealing from his room in the former Townhouse, just yards from where I now sit. That hotel is undergoing a huge renovation, much as our political life did as a result of Cobb’s actions:

Our news department launched a yearlong examination of how the Legislative State produced not only corruption but a hapless government that answered to no one, and pushed along by that “Power Failure” series, Lost Trust and Gov. Carroll Campbell, the Legislature voted two years later to hand a third of the government over to the governor.scoppeonline3-2x2tighter-2-2x2tighter-2

Lawmakers unleashed the powerful State Grand Jury to investigate political corruption cases. They passed a reporter shield law after a judge ordered me and three other reporters held in federal custody for two days for refusing to testify in one of the trials. And voters elected a target of an earlier vote-buying scandal to fill an open Senate seat in the middle of all this, lawmakers amended the constitution to bar felons from holding office until 15 years after they completed their sentences.

There are still a lot of problems with the way our government operates — the Legislature still holds far too much power over state and local agencies, too many agencies still effectively answer to no one, the ethics law even after this year’s improvements remains far short of what it should be.

But those reforms did a lot of good. And Ron Cobb paved the way for every one of them.

Oh, and speaking of Warthenesque writing… I also appreciated this column because its style was more like my own than Cindi’s. Finally, it seems, I’ve rubbed off on her.

Cindi has always been very task-oriented. When she goes into an interview, she’s all business. When she writes a column or editorial, she intends to accomplish this and this and this, and she lays out her arguments in a perfectly disciplined form.

My own way of approaching interviews or writing has always been like the method Dirk Gently, Douglas Adams’ Holistic Detective, employed whenever he got lost: “My own strategy is to find a car, or the nearest equivalent, which looks as if it knows where it’s going and follow it. I rarely end up where I was intending to go, but often I end up somewhere I needed to be.”

I loved this digression into purely superfluous detail:

It was June 26, 1995, and I was working on a “where are they now” package of news articles for the upcoming five-year anniversary of Lost Trust becoming public. We met near the interstate, and I followed him to his townhouse overlooking the 10th hole of one of Greenville’s premier golf courses.

Longtime girlfriend-turned-wife Shelley was there to greet us, and they showed off their rooftop garden, where Ron was growing tomatoes and cucumbers, and the Stairmaster he said he used for 10 to 15 minutes every day after work, and he talked about how his values had changed since his career as a lobbyist ended. Of course we also talked about Lost Trust and the Legislature and what he thought had and hadn’t changed, and Shelley talked as much as Ron did.

I don’t remember all those details; I got them from reviewing my notes from our lengthy visit. The only clear memories I have of that rarefied encounter are the rooftop and Bella — the cat who kept running toward the wall and hurling herself into it. Ron and Shelley laughed each time, and assured me the cat was fine, that she just did that for attention….

Why the Chamber took a stand on recreation commission

carl-logo

The Columbia Chamber of Commerce joined calls for the problem members of the Richland County Recreation Commission to resign because this latest scandal is another in a string that have been bad for business.

“Everything’s about perception,” Chamber President Carl Blackstone told me last night, adding that the following have projected a terrible impression of Richland County:

The various criminal investigations are one thing, but regardless what happens on that front, the problem commissioners need to go, the business leader said.

And on this one, there’s little county government can do. “I don’t feel sorry for Richland County Council much, but I do on this,” Blackstone said.

Richland County has been “missing out,” he said, nothing that there have been only two industrial announcements in six years. And lack of confidence in local government plays a role in that.

“The business community is jut tired of the constant black eyes in the paper,” he said. “In Richland County, we pay a heck of a lot of taxes” — too much to put up with one mess after another.

“We deserve better.”

Anyway, that’s what he said on the phone last night. Today, he sent out this email to Chamber members:

Dear Partners, 

In August, ten members of the the Richland County Legislative Delegation called for the immediate resignation of Richland County Recreation Commission Director James Brown, III and five additional board members due to the allegations of impropriety and public corruption. In a letter sent to the members of the Richland County Legislative Delegation, the Columbia Chamber supported their call for action.

The mission of the Commission is crucial to our community and should not be overshadowed by the ongoing controversy. Now more than ever, I encourage you to become involved in your local government. Please see the current vacancies on boards and commissions: State Boards and Commissions, Richland County, and City of Columbia.

Chamber joins demands for rec com members to go

You probably already saw that Richland County Councilman Greg Pearce has joined the majority of the county’s legislative delegation in calling on the problem members of the Recreation Commission to resign — and threatening to freeze their funding if they don’t.

That was good. Now there’s this…

Joel Lourie has sent me a copy of a letter from Carl Blackstone, president and CEO of the Greater Columbia Chamber of Commerce, making the same demand. Here’s a PDF of the letter. It’s one of those PDFs that won’t let me grab text for an excerpt, but here’s a screenshot:

blackstone

 

Lest you wonder whether Mr. Blackstone is speaking for the whole Chamber, he tells lawmakers at the end, “The Columbia Chamber and I join you in your call for change.”

blackstone-mug

Carl Blackstone

Joel welcomed the business community’s involvement, to say the least. He told me he met with some folks at the Chamber last week and the Recreation Commission mess was “all they wanted to talk about.”

“Our delegation needs to hear from you,” he said he told Chamber leaders. “I want our delegation to feel the heat.”

Of course, most of the delegation was already there.

I wouldn’t go so far as to say this sort of stance by the Chamber is unprecedented, but I’ll say I don’t remember having seen the group stepping out into local political controversy to this extent since the late Ike McLeese was president.

So, the question rises — how much longer can self-exiled director Brown’s friends on the board continue to hold out in the face of this gathering consensus?

10 of 17 delegation members call for RCRC resignations

Lawmakers McEachern, Finlay, Lourie, Ballentine, Smith and Bernstein this morning.

Lawmakers McEachern, Finlay, Lourie, Ballentine, Smith and Bernstein this morning.

Well over half of the Richland County Legislative delegation today called on five members of the Richland County Recreation Commission to resign because of multiple incidents of malfeasance.

The 10 lawmakers demanding accountability are:

  • Sen. John Courson
  • Sen. Joel Lourie
  • Sen. Thomas McElveen
  • Rep. Nathan Ballentine
  • Rep. Beth Bernstein
  • Rep. Mary Gail Douglas
  • Rep. Kirkman Finlay
  • Rep. Joe McEachern
  • Rep. Mia McLeod
  • Rep. James Smith

Six of the 10 who signed the letter demanding the resignations — Lourie, Ballentine, Bernstein, Finlay, McEachern and Smith — appeared and spoke at a press conference at the State House this morning. Sen. Lourie was the chief spokesman, beginning and ending the prepared presentation.

The group emphasized that what they are doing is independent of investigations into alleged criminal wrongdoing. They said five of the seven commission members should resign immediately because of the following “acts of malfeasance:”

  1. “Disregarded the hostile work environment for employees.”
  2. “Blatant abuses of nepotism.”
  3. “Approval of irresponsible compensation.”
  4. “Multiple allegations of sexual harassment and other inappropriate conduct.”
  5. “Lack of effective oversight.”
  6. “Excessive litigation and costs.”

The five commissioners the lawmakers said should resign are:

  1. J. Marie Green, Chair
  2. Barbara Mickens, Vice Chair
  3. Weston A Furgess Jr., Secretary
  4. George D. Martin Jr.
  5. Joseph B. Weeks

The lawmakers also shared some information they had FOIed from the commission. One of the highlights of that was a spreadsheet showing the salaries of the 11 commission employees who make more than $50,000.acts of malfeasance

Seven of those 11 are named “Brown.”

With a recent raise of more than $30,000, the executive director, James Brown III, is currently making $151,800. He’s still receiving that salary even though he is on “voluntary” leave in response to the ongoing scandals centered around him.

Nice non-work if you can get it, huh? OK, back to the news.

The legislators also released figures showing that Brown is paid far more than other county recreation chiefs across the state. Of the big-county salaries listed, only one other was as high as six figures — that was the Greenville County director, with a mean salary of $131,520.

“Clearly, we have an unaccountable board, with no oversight,” said Sen. Lourie. “I regret that we didn’t step in earlier.”

Other points from the presser:

  • Rep. Smith said of the five commissioners, “This can only end in their resignations,” implying that there were avenues for removing any who don’t quit on their own. He wasn’t specific about how that might be done. But he served notice that today’s presser is not a one-time thing, that the pressure will continue until the problem commissioners are gone. Their offense is that they have been “serving themselves first, serving Mr. Brown and his family first,” at the expense of serving the public.
  • Rep. McEachern — the only African-American member present (which wouldn’t be relevant except for the way some other lawmakers have injected race into the issue) — spoke in particular of the way the commission has failed conscientious employees who have dared to speak up. “Instead of getting a hearing, they get punished.” This, he said, is “a structure that has failed.” Amen to that (I say as one who has called for doing away with such Special Purpose Districts for a quarter of a century now).
  • Nathan Ballentine noted something that I hadn’t realized. He said none of those present are members of the nominations committee that gets to nominate commission members (who are then appointed by the governor, technically). “The group behind me and others have not been allowed in the process.” (Rep. Jimmy Bales chairs the nominating committee; I’ll try to get the names of the others.)
  • Kirkman Finlay said the commission spent $35,000 of taxpayers’ money paying attorneys to do a study of the commission and its problems — then refused to release the study, and voted 5-2 to ignore its findings.
  • Beth Bernstein said she had an additional beef with the commissioners “as a woman and as a mother of two daughters.” She was speaking of the sexual harassment complaints that the commission has ignored.

More as I have it. I’m working on getting PDFs of the documents released today. If nothing else, I’ll scan them at home tonight…

The assembled media. Second from right is Ron Aiken of Quorum, whose reporting has done much to bring things to this point.

The assembled media. Second from right is Ron Aiken of Quorum, whose reporting has done much to bring things to this point.

Below are pictures of the five commissioners the lawmakers want to resign:

 

 

 

 

 

 

 

Mia joins calls for accountability on recreation board

Obviously, this is not news photo. But I needed art, so I went to her campaign website.

Obviously, this is not news photo. But I needed art, so I went to her campaign website…

This would have made my Open Thread last night, but I didn’t see it on The State‘s home page at the time. Maybe it hadn’t been posted yet.

In any case, I had heard late last week, off the record, that this was in the offing, and yesterday she made it official:

The Richland County Recreation Commission’s embattled executive director and five board members “who support him” should quit, a Richland County legislator said Monday.

State Rep. Mia McLeod said the resignations are necessary for the commission to regain the public’s trust amid ongoing state and federal law enforcement investigations into corruption at the office, and given civil lawsuits accusing director James Brown III of sexual harassment and other improper behavior.

Brown has denied any wrongdoing.

The Richland Democrat also announced she will push to give Richland County lawmakers the power to fire Recreation Commission board members if she is elected to the state Senate this November….

Sen. Joel Lourie — whom Mia is running to replace (the release about this came via her “miaforsenate” account) — welcomed her to the ranks of those calling for accountability. (Lourie, by the way, has remained neutral in Rep. McLeod’s contest with Republican Susan Brill.) You’ll recall that Mia was conspicuous in leading the charge against incompetence on the election commission, but was until now less so on the recreation commission scandals.

Rep. Beth Bernstein, who backed off last year after her House colleague’s aggressive announcement of interest in the Senate seat, also applauded:

And if you’d like to read her prepared remarks in their entirety, here you go:

“Thank you for joining us at one of Richland County Recreation Commission’s shining examples of what we can do right….The Adult Activity Center.

I’ve called this press conference today, not only as a member of the Richland County Legislative Delegation that appoints members of the County Recreation Commission, but also as a parent.

You see, my sons grew up playing rec league sports and our experiences were positive.  So when I get calls and emails from concerned parents, employees and community members whose fears are real and whose experiences aren’t positive…it’s heartbreaking.

We must remember, our actions will have a lasting impact on our children. As a legislator and parent…I know that we must come together to fix this situation.

So before I tell you what this is about…let me begin by telling you what it’s not about.  The issues and challenges we’re facing are not about race.  They’re not about politics.  And I would argue that they’re not even about the guilt or innocence of those who have been accused of wrong-doing.

This is about the people we are elected and appointed to serve…about their perceptions and their trust in our leadership.  It’s about honest, responsible and accountable government.

That’s why it’s critical that everyone understand that the dynamics at play within our legislative delegation are only exacerbated when members and the media engage in race-baiting and other divisive rhetoric, which diverts attention away from the real issues and positive solutions.

We may represent different constituencies within Richland County, and like the people we serve, we may be of different races, genders and political parties…but we can find common ground and work together for the good of this county and state that we love.

And while this unfortunate situation may be about a lot of things, race isn’t…or shouldn’t be…one of them.  When it comes to competency, corruption, leadership or accountability…what’s race got to do with it?

Don’t all of us want public officials who are competent and represent us with honesty, integrity and professionalism–regardless of race, party or politics?

Allegations of corruption and incompetence are not new to Richland County.  Just four years ago, I led the fight for accountability, transparency and restoration of the public’s trust when many Richland County voters were disenfranchised.

That’s why I can’t agree with colleagues who insist that we shouldn’t get involved. Truth is…we “get involved” every time we appoint any Commissioner to any County Commission. When things go badly as they have here, we don’t have the luxury of throwing our hands up and doing nothing.

That’s not leadership.

From sexual harassment to bribery, the allegations facing this Director and Commissioners are beyond alarming.  And although the FBI and SLED are investigating and multiple lawsuits are pending, none of us know when or how this will end.

If every allegation, rumor or innuendo prove to not be true….this Recreation Director and the Commissioners who support him will still be operating under a cloud of suspicion, facing a disheartened and frustrated public that simply has lost faith and trust in their ability to govern and guide this agency into the future.

Irrespective of guilt or innocence, these positions of public trust and the reputations of those who hold them have been tarnished to the point where public perception has become our reality.

I’m not here to speculate about anyone’s guilt or innocence. Obviously, elected and appointed officials are and should be held to a higher standard and sometimes legal and ethical probes are justified.  But there are times when we too, can be unfairly targeted and prosecuted in the court of public opinion without cause and due process.

And while I wouldn’t wish that on anyone, these allegations must be addressed, either privately or publicly.  When those who must defend against allegations like these choose to do so publicly, as the Director and Commissioners have here, they aren’t the only ones who are impacted. Their family members, the Commission’s employees and their families and the children and community members the Commission serves…all feel the brunt of an agency in turmoil.

I believe that the Director and the Commissioners who support him, want to do right by our children and this community. That’s why, today, I respectfully ask them to resign so that this Commission, its employees and our community can begin to face the challenges ahead–openly, honestly and without the cloud of suspicion and distrust that always accompanies allegations of corruption.

Stepping aside to defend themselves isn’t an admission of guilt.  It is simply a way to step out of the spotlight so that we can put it back where it belongs… on the children and communities that this Commission serves. That’s how we begin to heal and move forward.

It doesn’t matter who signs letters of inquiry. What matters is whether the Commission answers those questions. I implore the Commission to fully and truthfully respond to the FOIA request that my delegation colleagues have submitted. Those answers are due this week and although important, won’t change the way the public views this agency or those who hold positions of public trust within it.

What matters most now is our leadership and how we collectively address the challenges before us. I think we begin to do that through legislation that facilitates accountability.

Just a few months ago, I was proud to sign on as a co-sponsor of Representative Beth Bernstein’s bill, H.5293, which would remove County Legislative Delegations’ authority to appoint Recreation Commissioners and transfer the Commission’s powers to the County.

One of our biggest challenges is that our County Delegation, basically has the statutory authority to appoint County Commissioners, but lacks that same authority to evaluate or remove those Commissioners for cause, when the need arises.

But we can change that.

That’s why I plan to prefile legislation that will allow us to suspend or remove county commissioners we appoint.  Whether there are allegations of criminal misconduct or malfeasance, those who are appointed to serve the public cannot do the jobs for which they’ve been appointed, if the public no longer trusts them or the process. While this bill may not prevent wrongdoing, it’ll go a long way towards accountability and transparency.  That’s a first, but very important step towards restoring the public’s trust and confidence.

The people of Richland County deserve a Recreation Commission that serves the community in a transparent, responsible and responsive way.

Whether true or not, the perception is that this Commission recklessly disregards the public’s interest and concerns and wreaks havoc on employees who are simply trying to do their jobs free from threats, harassment, intimidation and retaliation.  And the fact that that perception has become our reality…is utterly reprehensible.

In the meantime, delegation members can send letters and recommendations all day long—but Recreation Commissioners aren’t bound by law to respond or comply.   Until we fix that, we’ll continue to operate the Recreation and other Commissions under an antiquated, failed system of governance that perpetually insulates public officials, to the detriment of the people they purport to serve.

Although our delegation may appear to be divided and some may argue, complicit with what has been happening, I’m encouraged and extremely hopeful that we will come together on this issue…that we will find common ground and continue to work together for the good of all of the people of Richland County.”

An exchange involving the Recreation Commission

Joel Lourie shared this with me, received from a member of the Richland County Recreation Commission:

clark-234x300

Thomas Clark

Good morning delegation members, my name is Thomas Clark Commissioner with Richland County Recreation Commission. I was appointed to the commission on April 17, 2016 thru February 27, 2021. I was appointed months or even year’s prior to any formal allegations against the current agency director James Brown. Since the boards 5-2 vote in support of the current director I’ve sensed a disconnect with current Board Chairwoman J. Marie Green due to the way I voted. On August 24, 2016 we held an emergency meeting to address a legal matter with agency or board legal team. During this closed session in the presence of Weston A. Furgess,Jr., Wilbert Lewis, George D. Martin, Jr., Joseph Weeks and Richard Morgan (attorney), Ms. Green was very disrespectful in tone as I tried to hand her a legal document that was given for the board to view. Ms. Green went on to slander me by stating that “You’re the reason that the FBI is investigating us.” Not only is this statement not true, but was slanderous to my character/has tarnished my position with my fellow board member’s. As I stated earlier all these allegations against Mr. Brown and said board members took place prior to my appointment to this board and nor would I sit back and have my name or character tarnished by the actions of other’s. I will not be intimidated or feel that I’ve done something wrong for taking a stand for the employees of this agency and the citizens of Richland County. With Ms. Green unprofessional conduct/character she should not be on or in leadership of this board and I will await your immediate response to this matter, Thanking you in advance for your time & attention.

Thomas Clark

Commisioner

Here’s how Joel responded:

Commissioner Clark –

 

Thank you for your email and more importantly, your willingness to serve on the Recreation Commission.  I know this is a very difficult time to be in this position and we need good people who are willing to do the right thing.  I am of the opinion that there are serious problems at the Commission which include not only the criminal allegations, but concerns over potential board malfeasance, nepotism, employee treatment and relations, compensation, and the overall delivery of services to the people of Richland County in a cost-efficient way.  These are problems that have existed long before your service and seem to have culminated in the last year or two.  I certainly do not speak for all the members of this delegation, but I can tell you that there are many that share my view and that we are taking all steps possible to bring about a positive change within the agency.

 

Hang in there, work hard for what is right for the employees and for the people of Richland County.

Best regards,
Joel

Race card flung at Joel Lourie, of all people

Lourie at his recent retirement party.

Lourie at his recent retirement party.

As a smart friend of mine once said somewhat hopelessly, she feared that a thousand years from now, historians would look back and say, “The United States was a noble experiment, but they never got over that slavery thing.”

john-scott

Sen. John Scott

In the Midlands, in South Carolina, across the nation, there are a lot of issues that turn largely, if not primarily, on race. On the local level, race is the (usually) unstated pivot point on attitudes concerning, for instance, local school districts.

Some people still think of Richland One and Richland Two as the black district and the white district, although perception is catching up to reality, which has changed dramatically. District One has long been a black power base — with white influence clustered into a few zones within the district (Dreher, A.C. Flora). Now there is a struggle for the future of District Two that is largely rooted in racial identity.

Elsewhere — such as with the Richland County election and recreation commissions — race is a widely understood subtext, shaping viewpoints but not openly acknowledged. Until now.

Apparently, the defenders of the status quo at the Richland County Recreation Commission — a legislative special purpose district with a growing reputation that brings to mind the routine corruption on “The Wire” and “Boardwalk Empire” — feel backed into a corner.

How else to explain Sen. John Scott and Rep. Leon Howard suggesting there is something racist in the white majority of the county legislative delegation demanding accountability from the commission?

Sen. Scott even had the nerve to bring the notoriously, spectacularly incompetent Lillian McBride (of the election commission meltdown) into the equation, as though that helped his case:

“This is the second time the same group has made an inquiry as it relates to an African-American director,” Sen. John Scott said, referring to then-Richland County election director Lillian McBride.

Sen. Joel Lourie, one of the letter’s authors, said Scott’s suggestion is offensive….

And well he should say that. Sen. Lourie, I mean.

leon-howard

Rep. Leon Howard

It’s a sad day when Joel Lourie has to defend his good name in the twilight of his Senate career, saying, “‘My family and I have a very proud record of community and race relations for the last 50 years.”

Indeed they have. Sen. Darrell Jackson has a Senate seat because Joel’s father, Isadore, gave up his seat in order to let an African-American have a shot at it.

And Joel’s record as a champion of social justice is impeccable — as is those of others being smeared by innuendo, such as Reps. James Smith and Beth Bernstein.

The saga of the recreation commission was sordid and shameful enough. Messrs. Scott and Howard have made it more so, by choosing such an inexcusable manner of defending it.