EXECUTIVE ORDER NO. 2006-15

WHEREAS, the State Grand Jury of South Carolina indicted Alen Lenneau Berry, Mayor of the Town of Latta, on November 14, 2006, for willfully, dishonestly, and with bad-faith and corrupt intent, engaging in acts and omissions of misconduct in office, the misuse of Town of Latta property, funds and resources and the obstruction of justice in his role as Mayor of the Town of Latta; and

WHEREAS, the above-referenced indictment is for crimes that involve moral turpitude and the appropriation of public funds to private use by an officer of the State or its political subdivision; and

WHEREAS, Article VI, Section 8 of the South Carolina Constitution provides that upon indictment by a grand jury for the appropriation of public funds to private use by an officer of the State or its political subdivision, "[t]he Governor shall suspend such officer"; and

WHEREAS, Article VI, Section 8 of the South Carolina Constitution further provides that "[a]ny officer of the State or its political subdivisions . . ., who has been indicted by a grand jury for a crime involving moral turpitude...may be suspended by the Governor until he shall have been acquitted."; and

WHEREAS, Alen Lenneau Berry, is an officer of the State or its political subdivisions; and

WHEREAS, a certified true copy of the indictment against Alen Lenneau Berry has been provided to me.

NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and Statutes of the State of South Carolina, I hereby suspend Alen Lenneau Berry from the office of Mayor of the Town of Latta. This suspension shall remain in effect until such time as he shall be formally acquitted or convicted.

This action in no manner addresses the question of the guilt or innocence of Mr. Berry and should not be construed as an expression of any opinion one way or another on such question.

This Order shall take effect immediately.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 15th DAY OF NOVEMBER, 2006.

MARK SANFORD
Governor


Last Updated: Thursday, July 2, 2009 at 4:11 P.M.