Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, Who has promised to be with those who claim Your presence, may Your will be in our minds to guide our thoughts; may Your will be upon our lips to preserve us from wrong speaking and to help us to speak wisely; may Your will be in our planning that we may perform deeds of service. Keep our values high, our visions clear, our motives pure that we may serve our God and our citizens with honor and for the good of all mankind.
And to You shall be our unending thanksgiving and praise. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
MEMORANDUM TO: Clerk of the Senate
Clerk of the House
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Eugene C. Stoddard
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The Committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified and under the statute our determination in that regard is not binding upon the General Assembly.
Thirteen candidates who were under consideration at the time of the hearings are discussed in this report.
The candidates are:
UNIVERSITY OF SOUTH CAROLINA (ONE SEAT, UNEXPIRED TERM)
Helen C. Harvey
Charles W. Pigg
S. C. STATE COLLEGE (Three seats, at-large, six year terms)
Nathaniel Abraham, Sr.
George A. Anderson
James A. Boykin
Arnold Collins
Stephon Edwards
Harold Pierre Gauthier
Leevy Johnson
WIL LOU GRAY OPPORTUNITY SCHOOL (Three seats, at-large, four year terms)
Floyd Breeland
Earl Mitchell
Vince Rhodes
Louise T. Scott
Betty W. Henderson
REPRESENTATIVE STODDARD: GOOD MORNING, LADIES AND GENTLEMEN. IN THE ESSENCE OF TIME WE WILL COMMENCE.
REPRESENTATIVE STODDARD: FIRST WE WILL START WITH THE USC CANDIDATES. HELEN C. HARVEY? (The Chairman swears in Mrs. Harvey)
(HELEN C. HARVEY, CANDIDATE FOR THE USC SEAT, UNEXPIRED TERM, APPROACHES THE COMMITTEE).
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, I WOULD.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. I NOW SERVE AS CHAIRMAN OF THE HIGHER EDUCATION COMMISSION IN BEAUFORT WHICH, IF APPOINTED, I WILL RESIGN.
REPRESENTATIVE STODDARD: ANY QUESTIONS?
SENATOR GIESE: I JUST ASK WHAT IS YOUR BACKGROUND IN EDUCATION? I KNOW YOU'RE IN THE HIGHER EDUCATION, BUT BEYOND THAT?
A. I HAVE WORKED WITH SEVERAL COLLEGES AND UNIVERSITIES THROUGHOUT MY LIFETIME. I FINISHED THE UNIVERSITY OF SOUTH CAROLINA IN 1955 MAGNA CUM LAUDE. SINCE THEN HAVE BEEN INVOLVED IN UNIVERSITY FUNCTIONS AS PRESIDENT OF THE ALUMNI COUNCIL FOR TWO TERMS, I HAVE SERVED ON THE EDUCATION FOUNDATION FOR A TERM. I AM PRESENTLY ON THE BEAUFORT HIGHER EDUCATION COMMISSION WHICH IS BASICALLY AN ADVISORY BOARD TO THE UNIVERSITY CAMPUS IN BEAUFORT FOR SEVERAL YEARS AND AM NOW CHAIRMAN. I PRESENTLY SERVE ON THE UNIVERSITY MEDICAL SCHOOL PARTNERSHIP BOARD AND I HAVE SERVED ON THE WINTHROP COLLEGE BOARD OF VISITORS, AND HAVE SERVED ON THE PRESBYTERIAN COLLEGE BOARD OF VISITORS.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS? (NO RESPONSE) (TO MS. HARVEY) THANK YOU MA'AM. NEXT WE HAVE MR. CHARLES WILLIAM PIGG. RAISE YOUR RIGHT HAND PLEASE MR. PIGG. DO YOU SWEAR THAT THE FOLLOWING TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD?
A. I DO.
Q. MR. PIGG, CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, I WOULD.
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. I DO NOT.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. I DO NOT.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. I SERVE ON THE JOINT LEGISLATIVE FOOD AND TRADE COMMITTEE, WHICH IF ELECTED, I WOULD GIVE UP.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR MR. PIGG?
SENATOR GIESE: I HAVE ONE QUESTION.
Q. HOW DO YOU THINK YOU COULD MAKE SPECIFIC CONTRIBUTIONS TO THE BOARD BECAUSE OF YOUR BACKGROUND?
A. I THINK I HAVE STRONG LEADERSHIP CAPABILITIES, BOTH FROM A PROFESSIONAL STANDPOINT AND FROM CIVIC ACTIVITIES THAT I HAVE SERVED FOR THE PAST SEVERAL YEARS. I GRADUATED FROM THE UNIVERSITY IN 1975 AND SINCE THAT TIME HAVE WORKED IN THE DEVELOPMENT FIELD. I AM CURRENTLY VICE PRESIDENT OF BELTON COMPANY ON HILTON HEAD, THE GREENWOOD DEVELOPMENT THERE, AND HAVE SERVED IN THAT CAPACITY FOR THE LAST 10 YEARS. I HAVE SERVED IN VARIOUS EDUCATIONAL CAPACITIES. I WAS ON THE USC HILTON HEAD ADVISORY BOARD FOR TWO YEARS. I WAS CHAIRMAN OF THE MONTESSORI SCHOOL. I WAS ALSO A TWO-TERM CHAIRMAN OF THE CHAMBER OF COMMERCE ON HILTON HEAD. I THINK I HAVE LEADERSHIP ABILITY TO BRING SOMETHING TO THE BOARD AND TO HELP GUIDE THEM.
SENATOR GIESE: I HAVE ANOTHER QUESTION.
Q. WHAT WAS YOUR MOTIVATION TO BECOME INVOLVED WITH THE MONTESSORI SCHOOL?
A. I HAD A CHILD AT THE MONTESSORI SCHOOL AT THE TIME. AGAIN, I HAD A DEEP INTEREST IN EDUCATION AND PARTICULARLY IN PRE-SCHOOL EDUCATION BECAUSE I HAD MY CHILD THERE AND WANTED TO GET INVOLVED AND HELP THE SCHOOL BETTER ITSELF.
REPRESENTATIVE STODDARD: THANK YOU MR. PIGG. ANY OTHER QUESTIONS? (NO RESPONSE)
REPRESENTATIVE STODDARD: (TO MR. PIGG) THANK YOU SIR.
REPRESENTATIVE STODDARD: AS WE FINISH WITH THE CANDIDATES, IF YOU DESIRE TO, YOU MAY LEAVE. YOU'LL BE CONTACTED SHORTLY AS TO THE ACTION THAT THE BOARD HAS TAKEN. NEXT, WE HAVE THE CANDIDATES FOR STATE COLLEGE. WE HAVE THREE VACANCIES. WE WILL GO ALPHABETICALLY. IS MR. ABRAHAM HERE? (THE CHAIRMAN SWEARS IN MR. ABRAHAM.)
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR MR. ABRAHAM?
Q. MR. ABRAHAM, HOW DO YOU FEEL THAT YOU SPECIFICALLY COULD BE HELPFUL SERVING ON THE BOARD AT SOUTH CAROLINA STATE?
A. I AM A NEWSMAN AND I HAVE BEEN RAISED IN ORANGEBURG, ATTENDED S. C. STATE COLLEGE FOR THREE YEARS. I AM ALWAYS AWARE OF WHAT'S GOING ON AT THE COLLEGE AND HAVE INVESTIGATED THE COLLEGE OVER A PERIOD OF SEVERAL YEARS AND HAVE DISCOVERED THAT THERE ARE GREAT PROBLEMS AT THE SCHOOL THAT NEED ADDRESSING. I ADDRESSED THAT PROBLEM IN MY MEDIA BUT WANTED TO HELP RATHER THAN HURT. I THOUGHT I COULD DO A BETTER JOB IF I GOT ON THE BOARD AND HELPED FROM INSIDE. THERE IS A GREAT NEED FOR SOMEONE TO EXERCISE AUTHORITY ON THE BOARD AND MAKE IT A STRONG BOARD THAT WOULD MAKE DECISIONS IN THE BEST INTEREST OF THE COLLEGE. ALSO, I THINK WHAT REALLY MOTIVATED ME MOST, BECAUSE IF SOMEONE TOLD ME SIX WEEKS AGO THAT I WOULD HAVE A POSITION ON THE SCHOOL BOARD, I THOUGHT THEY WERE CRAZY. GIL THELAN DESCRIBED THE SITUATION I FOUND AT S. C. STATE COLLEGE IN A LETTER THAT HE WROTE TO JOHN PALMS, WHEN HE CAME TO THE UNIVERSITY OF SOUTH CAROLINA AS PRESIDENT. I WILL READ A PORTION OF IT. "THE WOUND IS DISTRUST OF THE UNIVERSITY ADMINISTRATION AND DAMAGED BY A PROFESSIONAL PRIDE. AT YOUR UNIVERSITY, THE WOUND ALIENATES BETWEEN FACULTY AND ADMINISTRATION. DISCARD PROFESSORY EMBARRASSMENT OVER NATIONAL PUBLICITY AND WORDS ABOUT FACULTY RECRUITING IN PUBLIC". . . THAT'S THE SAME CONDITION AT STATE COLLEGE, ONLY WORSE. I THINK, AS A MEMBER OF THE BOARD, I CAN HELP BRING BACK STABILITY AND CHANGE THE SITUATION AT THE SCHOOL. I'M FROM ORANGEBURG AND AM WELL KNOWN AT THE COLLEGE AND AROUND TOWN, AROUND THE CAPITOL, AND I WOULD BE WILLING TO RELEASE SOME POWER AND TRUST.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE MARTIN: LET ME APOLOGIZE FOR COMING LATE. I HAD A DELEGATION MEETING AND THAT'S WHY I AM LATE.
REPRESENTATIVE STODDARD: THAT'S ALRIGHT. I WOULD LIKE NOW TO INTRODUCE YOU TO THE PANEL. WE HAVE REPRESENTATIVE DANNY MARTIN FROM CHARLESTON, SENATOR GIESE FROM RICHLAND, REPRESENTATIVE MCABEE, MCCORMICK AND SENATOR WILSON FROM LEXINGTON. I AM REPRESENTATIVE STODDARD FROM LAURENS.
REPRESENTATIVE MARTIN:
Q. I UNDERSTOOD YOU TO SAY THAT SIX MONTHS AGO, IF SOMEONE HAD ASKED YOU IF YOU WERE GOING TO BE A CANDIDATE, YOU WOULD HAVE THOUGHT THEY WERE CRAZY?
A. SIX WEEKS AGO.
Q. WHICH MEANS THAT YOUR CONCERN FOR BECOMING A MEMBER OF THE TRUSTEE BOARD IS A LITTLE MORE THAN A MONTH OLD?
A. IT'S MORE. IT'S BEEN BACK OVER A PERIOD OF YEARS. BUT HOW TO BEST SERVE SOUTH CAROLINA STATE COLLEGE WAS MY CONCERN. IT OCCURRED TO ME THAT I MIGHT BEST BE ABLE TO SERVE BY BECOMING A MEMBER OF THE BOARD.
Q. IS YOUR CONCERN FOR BECOMING A MEMBER OF THE BOARD TO GO OVER THERE AND STRAIGHTEN THINGS OUT AS OPPOSED TO GO IN THERE FOR THE PURPOSE OF MAKING, WHOEVER IS THERE, MORE CONDUCIVE TO EDUCATIONAL PURPOSES?
A. YES. I THINK AS A BUSINESSMAN, OR DATING BACK TO OVER 20 YEARS, THAT MY BUSINESS EXPERTISE, MY DEDICATION TO BEING HONEST AND FORTHRIGHT, AND DOING WHAT'S RIGHT, I THINK WOULD BE AN ASSET TO THE BOARD.
REPRESENTATIVE STODDARD: THANK YOU SIR. NEXT, WE HAVE MR. GEORGE ANDERSON. (THE CHAIRMAN SWEARS IN MR. ANDERSON.)
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR, NONE THAT I AM AWARE OF.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR THE GENTLEMAN?
SENATOR WILSON: I HAVE A QUESTION.
REPRESENTATIVE STODDARD: YES, SENATOR WILSON.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, I WOULD.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, I DO NOT.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, I DO NOT.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR DR. BOYKIN? (NO RESPONSE)
REPRESENTATIVE STODDARD: (TO DR. BOYKIN) THANK YOU DR. BOYKIN. YOU MIGHT HAVE TO SHUFFLE THROUGH YOUR PERSONAL DATA THERE, IT'S NOT IN ALPHABETICAL ORDER. MR. COLLINS? GOOD MORNING MR. COLLINS. (THE CHAIRMAN SWEARS IN MR. COLLINS.)
Q. SIR, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NONE, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NONE, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NONE.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR THE GENTLEMAN?
Q. WHAT IS YOUR MOTIVATION FOR SEEKING THE POSITION ON THE BOARD?
A. SENATOR, I SERVED ON THE BOARD FROM 1983 TO 1989. DURING THAT CAPACITY, I WAS FINANCE CHAIRMAN OF THE BOARD. IF YOU'LL READ MY RESUME, YOU WILL SEE THAT MY BACKGROUND FOR SOME 13 TO 15 YEARS IS IN BANKING, I AM (INAUDIBLE) WITH THE STATE DEVELOPMENT BOARD AND COMMERCIAL (INAUDIBLE) FOR THE CITY OF COLUMBIA. I AM VERY INTERESTED IN FINANCIAL AID. WHEN I JOINED THE BOARD, THE FINANCIAL PRESENTATION AT THE BOARD MEETING WAS ORAL. THROUGH MY ASSISTANCE AND THROUGH HELP, THE FINANCIAL PRESENTATION TO THE BOARD BECAME DOCUMENTS. LINE ITEM BUDGETS FOR EVERY DEPARTMENT OF THE SCHOOL. I WAS INTRICATELY INVOLVED IN FINANCIAL AFFAIRS. SOMETIMES I WOULD MAKE THE PRESENTATION ALONG WITH THE FINANCE COMMITTEE WITH THE FINANCE DIRECTOR PRIOR TO EVERY MEETING. THE BOARD LEANED TOWARD MY LEADERSHIP AS FINANCIAL (INAUDIBLE) PRIOR TO LEAVING THE BOARD, I WAS PUSHING FOR THE SCHOOL TO HAVE AN UNQUALIFIED OPINION IN FINANCIAL ORDER. JUST PRIOR TO MY LEAVING, THE AUDIT DEPARTMENT ANNOUNCED THAT JUST THIS YEAR THEY THOUGHT THAT THEY WOULD BE GIVEN AN UNQUALIFIED OPINION OF THE SCHOOL. I WANT TO GET BACK ON THE BOARD TO FINISH WHAT I WAS DOING IN
Q. MR. CHAIRMAN, YOU HAVE QUITE A GOOD RESUME, BUT IT DOESN'T INDICATE A DIRECT RELATIONSHIP TO SOUTH CAROLINA STATE. WHAT IS YOUR INTEREST IN SOUTH CAROLINA STATE?
A. OF COURSE I WILL STAND, SENATOR, ON MY OWN TESTIMONY WHICH HAS BEEN SUBMITTED HERE. I AM A LAW GRADUATE OF SOUTH CAROLINA STATE. I CURRENTLY SERVE AS THE CHAIRMAN OF THE SOUTH CAROLINA STATE COLLEGE EDUCATIONAL FOUNDATION. I HAVE BEEN ASSOCIATED WITH THAT FOUNDATION FOR SOME 20 YEARS. I AM, OF COURSE, AWARE OF ADMINISTRATION AT SOUTH CAROLINA STATE, AND WHATEVER STRONG AREAS ARE THERE THAT I THINK I DO HAVE APPRECIATION FOR WANTING TO DEAL WITH THOSE AND HELP THE COLLEGE PROGRESS.
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q. I READ AN AUDIT REPORT THAT YOU SAID YOU WERE ON THE EDUCATIONAL FOUNDATION?
A. YES, SIR.
Q. I'M NOT SURE IF IT WAS 88 OR 89, BUT IT SEEMED TO ME THAT THERE WERE SOME PROBLEMS WITH THE EDUCATIONAL FOUNDATION OR COULD IT POSSIBLY BE THE FOUNDATION THAT DEALS WITH YOUR ATHLETIC EVENTS, BUT THERE WAS MONEY THAT WAS RECEIVED AND NOT ACCOUNTED FOR, AND THERE WAS A VERY STRONG FEELING THAT CORRECTIONS SHOULD BE MADE IN THE AREA, AND I APOLOGIZE FOR READING THAT JUST IN THE PAST THREE WEEKS, ARE YOU FAMILIAR WITH THE AUDIT REPORTS?
A. I CERTAINLY WOULD SAY THAT I AM FAMILIAR TO SOME DEGREE, YES, SIR.
Q. HAS THERE BEEN SOME RECOMMENDATION BY THE AUDITORS THAT CHANGES BE MADE IN THE EDUCATIONAL FOUNDATION METHOD OF DISBURSING THE COUNTING OF FUNDS?
A. INDEED THERE HAVE BEEN. SENATOR, I SUPPOSE FOR A PERIOD OF ABOUT 12 OR 14 YEARS THERE WAS NOT AN AUDIT OF THE EDUCATIONAL FOUNDATION. HOWEVER, DURING THAT PERIOD OF TIME, THERE WERE VIRTUALLY NO CONTRIBUTIONS THAT WERE MADE TO THE COLLEGE FOUNDATION. OF COURSE, THERE WERE VERY FEW, IF ANY, DISBURSEMENTS MADE DURING THAT TIME. ONCE THE AUDIT WAS COMPLETED, WHICH PROBABLY TOOK SOME 36 MONTHS TO COMPLETE, THERE WERE SEVERAL RECOMMENDATIONS. OF COURSE, AT THIS POINT, WE HOLD THE FOUNDATION AT SOUTH CAROLINA STATE UP AGAINST ANY IN THIS STATE AS FAR AS STATE COLLEGES OR UNIVERSITIES ARE CONCERNED. YOU HAVE BEEN VERY COOPERATIVE WITH COMMITTEES OF THIS LEGISLATURE, OF COURSE, WITH OUR AUDIT TEAM WE THINK THAT THE RECOMMENDATIONS THAT WERE MADE HAVE BEEN FOLLOWED AND THAT WE, AS I HAVE INDICATED ARE NUMBER ONE OR NEXT TO NUMBER ONE, IF NOT NUMBER ONE IN TERMS OF COLLEGE ADMINISTRATED SET FUNDS.
Q. HOW LONG WERE YOU CHAIRMAN OF THIS FOUNDATION?
A. I SUPPOSE I HAVE BEEN CHAIRMAN FOR ABOUT 10 YEARS. I SERVED AS VICE CHAIRMAN FIRST.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE STODDARD: (TO MR. ANDERSON) THANK YOU SIR. NEXT, WE HAVE DR. BOYKIN. (THE CHAIRMAN SWEARS IN DR. BOYKIN.)
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, I DO NOT. TERMS OF THE SAME FINANCIAL DATA THAT'S ON TIME, ACCURATE, AND UNQUALIFIED, AND TO USE MY FINANCE BACKGROUND TO HELP THE SCHOOL BRING MORE MONEY.
Q. IN THAT ARTICLE REPORT I READ, AS I RECALL THERE WERE SOME LARGE AMOUNTS OF MONEY IN THE NEIGHBORHOOD OF A QUARTER OF A MILLION DOLLARS WHICH WERE SHIFTED TO COVER OVER EXPENDITURES IN THE ATHLETIC DEPARTMENT. HOW CAN YOU GET THAT MUCH? THAT'S A LOT OF MONEY. IS MY MEMORY SERVING ME INCORRECTLY?
A. SIR, I CAN'T RECALL, I LEFT IN '89. I CAN'T RECALL EXACTLY THE SPECIFIC INCIDENT THAT YOU'RE TALKING ABOUT. LET ME TELL YOU OF THE PROBLEM. THE ATHLETIC PROGRAM COULD NOT BE FUNDED THROUGH FEDERAL AND STATE DOLLARS. IT HAS TO COME FROM OUTSIDE SOURCES. SO, IF THE ATHLETIC PROGRAM IS NOT MANAGED PROPERLY, AND THE EXPENSES EXCEED REVENUE, YOU HAVE TO PAY THAT BY RAISING STUDENT FEES. AS YOU RAISE STUDENT FEES, OVERALL TUITION INCREASED. AND, AT SOME POINT, THE MAJORITY OF STUDENTS AT SOUTH CAROLINA STATE COME FROM LOW TO MODERATE INCOME FAMILIES, AND IF YOU DON'T MANAGE THE ATHLETIC DEPARTMENT THAT HAVE BEEN FUNDED FROM STUDENT FEES, AT SOME POINT, STUDENTS WILL NOT BE ABLE TO GET AN EDUCATION, SO IT IS VERY, VERY IMPORTANT THAT THE ATHLETIC DEPARTMENT BE MANAGED, THAT IT SEEK ALL KIND OF REVENUE PRODUCING SOURCES AND OPPORTUNITIES, AND THAT FUNDS ARE ACCURATELY ACCOUNTED FOR AND THIS IS MY THRUST. THIS IS MY BACKGROUND. THOSE ARE THE THINGS THAT I PLAN TO ZERO IN ON.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE STODDARD: (TO DR. BOYKIN) THANK YOU SIR. OUR NEXT CANDIDATE, MR. EDWARDS. (THE CHAIRMAN SWEARS IN MR. EDWARDS.)
Q. MR. EDWARDS, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR THE GENTLEMAN?
SENATOR GIESE: I DON'T MEAN TO...
REPRESENTATIVE STODDARD: NO, SENATOR, GO RIGHT AHEAD. THAT'S WHY WE ARE HERE.
Q. WHY DO YOU THINK YOU CAN CONTRIBUTE SPECIFICALLY TO THE BOARD?
A. THE LAST FIVE YEARS I SPENT IN THE GOVERNOR'S OFFICE WORKING WITH INSTITUTIONS AROUND THE STATE, AS WELL AS SECONDARY INSTITUTIONS - AND AS A FORMER SCHOOL TEACHER, AND ALUMNUS OF THE INSTITUTION, AND SOMEONE WHO LIVES IN ORANGEBURG AND SUPPORTS THE COLLEGE, I THINK I WOULD BE AN ASSET TO THE COLLEGE.
Q. WHAT DID YOU TEACH AND HOW LONG DID YOU TEACH?
A. I TAUGHT FOR TWO YEARS. I TAUGHT INDUSTRIAL TECHNOLOGY.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE MARTIN: YES, I HAVE ONE.
Q. DOES CORNELL UNIVERSITY, 1906, HAVE ANY SIGNIFICANCE TO YOU?
A. QUITE A BIT.
REPRESENTATIVE STODDARD: THANK YOU VERY MUCH. IS MR. GAUTHIER HERE? MR. JOHNSON (THE CHAIRMAN SWEARS IN MR. JOHNSON.)
Q. MR. JOHNSON, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. I DO NOT.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. I CAN AND I HAVE.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. I DO NOT.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: WE JUST HAD SENATOR MACAULAY JOIN US. ANY QUESTIONS FOR MR. JOHNSON?
REPRESENTATIVE STODDARD: YES, SIR, SENATOR GIESE.
Q. MR. JOHNSON, BOARDS OF TRUSTEES HAVE VARYING DEGREES OF INFLUENCE OVER THE OPERATION OF THE UNIVERSITY. ACTUALLY, IT'S A TOP POLICY MAKING BOARD, BUT SOMETIMES THE BOARD BECOMES DOMINATED BY PERHAPS THE PRESIDENT, I GUESS THAT WOULD BE PRESENT IN EFFECT, THE BOARD SERVES THE PRESIDENT, RATHER THAN THE PRESIDENT SERVING THE BOARD. HOW WOULD YOU CHARACTERIZE THE SITUATION? I NOTICE YOU HAVE HAD A LONG PERIOD OF EXPERIENCE AT SOUTH CAROLINA STATE ON THE BOARD OF TRUSTEES.
A. I WOULD CHARACTERIZE IT AT SOUTH CAROLINA STATE AS THAT THE BOARD CONTROLS THE PRESIDENT. ONE OF THE FEW REMAINING POINTS OF POWER THAT BOARDS OF TRUSTEES HAVE IN SOUTH CAROLINA NOW IS TO HIRE AND FIRE THE PRESIDENT. MUCH OF THE AUTHORITY OF BOARDS OF TRUSTEES HAVE BEEN USURPED BY THE COMMISSION OF HIGHER EDUCATION. WE ARE ALMOST TO THE POINT OF BEING PUPPETS INSTEAD OF BEING SEATS OF POWER. BUT, AT SOUTH CAROLINA STATE COLLEGE, WE NEED TO EXERCISE CONTROL OVER OUR PRESIDENT. OUR PRESIDENT IS RESPONSIBLE FOR US, TO US, AND THERE IS NO QUESTION ABOUT THAT. WE HAVE ON THE BOARD, SOME VERY ASSERTIVE AND VERY INFLUENTIAL AND VERY AUTHORITATIVE PEOPLE. THERE'S NO QUESTION THAT THE PRESIDENT ANSWERS TO US.
REPRESENTATIVE STODDARD: MR. MARTIN?
REPRESENTATIVE MARTIN: THE SAME QUESTION THAT I ASKED MR. EDWARDS.
Q. DOES CORNELL UNIVERSITY, 1906, HAVE A SIGNIFICANT MEANING TO YOU?
A. IT HAS SIGNIFICANCE TO ME IN THAT IT IS A BOUNDING OF A FRATERNITY MR. MARTIN, I BELONG TO ALPHA ALPHA FRATERNITY. THIS IS NOT RESPONSIVE TO THE QUESTION, BUT I AM CONCERNED ABOUT SOUTH CAROLINA STATE COLLEGE IN A SENSE OF WHAT IS PERCEIVED AND WHAT IS FACT. AND, AS LEADERS IN THE GENERAL ASSEMBLY, PLEASE LET ME EXPLOIT THIS OPPORTUNITY TO SAY TO YOU SIX GENTLEMEN, THAT SOUTH CAROLINA STATE COLLEGE, THE INSTITUTION, IS IN EXCELLENT CONDITION. YOU HEAR CRITICISM OF SOUTH CAROLINA STATE COLLEGE AND PEOPLE WILL SAY THAT THERE ARE PROBLEMS AT SOUTH CAROLINA STATE COLLEGE. THINGS NEED TO BE STRAIGHTENED OUT. LET ME SAY TO YOU THAT THERE WILL ALWAYS BE PROBLEMS AT SOUTH CAROLINA STATE COLLEGE, UNIVERSITY OF SOUTH CAROLINA, AND CLEMSON. WHAT YOU ARE ASKING US TO DO, IS TO BE IN A POSITION TO HANDLE THOSE PROBLEMS. THE PROBLEMS WERE THERE BEFORE WE WERE ELECTED TO THE BOARD, AND IT WILL BE THERE AFTER WE LEAVE. THE FACTS ARE THESE: SOUTH CAROLINA STATE COLLEGE WENT THROUGH A VIGOROUS EXAMINATION BY THE SOUTHERN ACCREDITATION ASSOCIATION. WE ARE ONE OF ONLY TWO INSTITUTIONS WHOSE SCHOOL WAS EVALUATED ON ACADEMIC BASIS BY INDEPENDENT EXPERTS, AND WE ARE REACCREDITED. WE WERE REACCREDITED WITHOUT ANY REQUESTS FOR FOLLOW UP. THAT IS UNPRECEDENTED IN THE HISTORY OF THAT INSTITUTION. WHAT I AM SAYING TO YOU IS THAT EXPERTS CAME IN AND EVALUATED SOUTH CAROLINA STATE COLLEGE AND THEY SAID THAT THE ACADEMIC PROGRAM THERE IS APPROVED AND IS SO IMPRESSIVE THAT WE DON'T EVEN HAVE TO ASK YOU ANY MORE QUESTIONS. IN THE LAST FOUR YEARS, UNDER THE ADMINISTRATION OF DR. SMITH, OUR ENROLLMENT HAS INCREASED BY 30 PERCENT. THEY HAVE SO MANY PEOPLE WANTING TO ATTEND SOUTH CAROLINA STATE COLLEGE, THAT WE HAVE TO TURN THEM AWAY. I AM NOT TALKING ABOUT THE OTHER ASPECTS, I AM TALKING ABOUT PEOPLE WHOSE SAT SCORES HAVE INCREASED. IN THE LAST FOUR OR FIVE YEARS, THERE IS A DIFFERENCE BETWEEN OUR AUDITORS, AS MR. COLLINS INDICATED WHEN HE WAS ON THE BOARD. OUR CPAs WOULDN'T GIVE US AN OPINION BECAUSE THE AUDIT WAS SO BAD. THE ONLY EXCEPTION THAT THEY TAKE NOW AS TO OUR FIXED ASSETS, IS BECAUSE WE HAVE NOT HAD THE MANPOWER AD THE MONEY TO BRING IN SOMEBODY TO IDENTIFY EVERY PENCIL, OUR EVERY CHAIR, AND INVENTORY WHAT OUR FIXED ASSETS ARE. BUT IN TERMS OF HANDLING THE MONEY, OUR AUDITORS HAVE GIVEN US UNQUALIFIED OPINIONS. I SAY TO YOU AS A TRUSTEE, THE TRUST THAT YOU HAVE PLACED IN US AS TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, YOU CAN BE PROUD OF SOUTH CAROLINA STATE COLLEGE. THE PROBLEM THAT WE HAVE AT SOUTH CAROLINA STATE COLLEGE, AND YOU WRITE THIS DOWN, AT SOUTH CAROLINA STATE COLLEGE, SUCCESS IS A LIABILITY. THERE'S A SMALL NUCLEUS OF PEOPLE WHO JUST DON'T WANT TO SEE SOUTH CAROLINA STATE COLLEGE DO WELL AND HAVE A GOOD REPUTATION. BUT, IF YOU APPLY ANY OBJECTIVE MEASURE TO SOUTH CAROLINA STATE COLLEGE, WE WILL PASS IT ACADEMICALLY, ATHLETICALLY, MANAGERIALLY, AND IN LEADERSHIP. YOU TAKE FOR EXAMPLE, OUR NTE SCORES, YOU ALWAYS READ ABOUT SOUTH CAROLINA STATE COLLEGE PASSING RATE. BUT YOU LOOK AT THEIR TRIPLE E SCORES NOW. SOUTH CAROLINA STATE COLLEGE IS ALWAYS ON TOP. OUR PROBLEM NOW IS GETTING ENOUGH MONEY TO ATTRACT STUDENTS TO GO INTO EDUCATION. WE HAVE THE DEAN OF OUR SCHOOL OF EDUCATION, AND ANYBODY WILL TELL YOU, SHE IS THE TOP. OUR SCHOOL OF BUSINESS IS ON TRACT FOR ACCREDITATION. WE DO HAVE A PROBLEM, SENATOR GIESE, IN OUR ATHLETIC DEPARTMENT ABOUT THE MONEY YOU'RE TALKING ABOUT. WE HAVE A PROBLEM THAT OUR MOST IMPORTANT MARKETING TOOL IS OUR FOOTBALL TEAM. OUR BIGGEST FINANCIAL LIABILITY IS OUR FOOTBALL TEAM. OUR GATE'S RECEIPTS ARE INSUFFICIENT TO DEFRAY THE COST OF OPERATING OUR ATHLETIC PROGRAM, AND SO WE HAVE TO TAKE MONEY FROM THIS PLACE AND THAT PLACE IN ORDER TO SUBSIDIZE. IN THE PAST, FOUR YEARS AGO, WE HAD THE WINDFALL OF PLAYING ON NATIONAL TELEVISION, NCAA GAMES, AND WE WOULD GET MONEY FROM ABC, AND WE COULD HELP DEFRAY THAT COST. NOW, WITH THE CHANGES, WE DON'T HAVE THAT EXTRA BENEFIT. I REPORT TO YOU AS A FELLOW COLLEAGUE, YOU CAN BE PROUD OF SOUTH CAROLINA STATE COLLEGE AND AS SYMBOLIC OF WHAT WE ARE DOING, AND THE SUCCESS WE'RE ENJOYING, WE INVITE YOU TO SOUTH CAROLINA STATE COLLEGE AT 9:30 AM ON MOTHER'S DAY. YOU WILL HAVE THE BENEFIT, SENATOR WILSON, OF HEARING BARBARA BUSH. DO YOU THINK BARBARA BUSH WOULD COME TO AN INSTITUTION AS MR. ABRAHAM HAS DESCRIBED IT? IT'S NO COINCIDENCE THAT OUR PRESIDENT HAD THE POLITICAL CLOUT TO GET THE FIRST LADY OF THE UNITED STATES TO COME TO OUR COMMENCEMENT.
A. I HAD CONSIDERABLE INTEREST BECAUSE SOME OF THE YOUNG MEN WITH WHOM I HAVE WORKED IN SOME OF MY PROGRAMS IN ORANGEBURG, BY THE WAY, ARE STUDENTS THERE, AND I HAD THE OPPORTUNITY OF, NOT THE OPPORTUNITY, BUT RECEIVE TELEPHONE CALLS FROM A COUPLE OF PARENTS WHEN YOU WERE ABOUT TO OPEN YOUR SCHOOL ONE TIME, THE CONDITIONS OF THE DORMITORIES, ETC., I CALLED YOUR PRESIDENT WANTING TO KNOW HOW VERY RESPONSIVE HE WAS INSTANTANEOUSLY TO STRAIGHTEN OUT THAT PARTICULAR PROBLEM. YOU SEE, STATE IS RECOGNIZING AND I BELIEVE THE LEGISLATURE IS RECOGNIZING STATE'S OUTSTANDING PROGRESS AND THERE IS A BILL TO MAKE IT A UNIVERSITY IN THE LEGISLATURE. BUT, SECONDLY, IT DOES SEEM TO ME THAT SOMEHOW, SOMEONE HAS UNDERDONE THE NEED FOR FACILITIES FOR STUDENTS. ARE YOU AWARE THAT THE STATE TRACT WAS TO MEET UP THERE, AND THEY CAME AND TOOK A LOOK AT THE FACILITIES, AND MOVED IT DOWN TO--DOWN HERE AT THE UNIVERSITY. THE DORMITORIES ARE IN SUCH CONDITION THAT YOU KNOW, GRADED. I THINK THAT WITH YOUR FINE PROGRESS THAT YOU ARE MAKING, THAT YOU WILL FIND LOTS OF ALLIES TO HELP YOUR BOARD TRY TO HELP WITH THOSE PROBLEMS THAT CAN HELP YOU TO CONTINUE YOUR PROGRESS.
A. OUR PROBLEMS, SENATOR GIESE, IS THAT WE, WHEN SOUTH CAROLINA STATE COLLEGE WAS MAKING SUBSTANTIAL FISCAL AND PHYSICAL IMPROVEMENTS. CLEMSON HAD EDGAR BROWN, UNIVERSITY OF SOUTH CAROLINA HAD SOL BLATT, AND SOUTH CAROLINA STATE HAD MARION GRESSETTE.
REPRESENTATIVE STODDARD: (TO MR. JOHNSON) THANK YOU, MR. JOHNSON
REPRESENTATIVE STODDARD: IS THERE ANOTHER CANDIDATE HERE FOR THE STATE BOARD? WE WILL NOW GO TO THE WILL LOU GRAY OPPORTUNITY SCHOOL. FIRST WE HAVE MR. BREELAND. (THE CHAIRMAN SWEARS IN MR. BREELAND.)
Q. SIR, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR. I DON'T.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR THE GENTLEMAN?
Q. HAVE YOU EVER BEEN TO SCHOOL WITH ANYBODY IN HERE?
A. YES, SIR, I HAVE.
Q. MR. CHAIRMAN, I SEE THAT MR. BREELAND IS RETIRED, AND YOU HAVE CHARLESTON COUNTY SCHOOL DISTRICT. WHAT IS YOUR FORMER EMPLOYMENT?
A. I SERVED AS A TEACHER AND ADMINISTRATOR FOR 33 YEARS. I RETIRED FROM BURKE HIGH SCHOOL A ASSISTANT PRINCIPAL.
Q. WHAT IS YOUR AREA?
A. UNDERGRADUATE AREA WAS ENGLISH. I RECEIVED MY MASTER'S DEGREE IN SECONDARY EDUCATION.
REPRESENTATIVE STODDARD: (TO MR. BREELAND) THANK YOU VERY MUCH.
NEXT, WE HAVE MR. RHODES. (THE CHAIRMAN SWEARS IN MR. RHODES.)
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR. I AM EXTREMELY PROUD OF MY ATTENDANCE RECORD. I HAVE BEEN SERVING ON THE BOARD SINCE 1983 AND AM REAL PLEASED THAT MY ATTENDANCE RECORD IS PROBABLY 80 PERCENT OR BETTER.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NONE.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS?
Q. WHAT IS YOUR SPECIFIC INTEREST OR WHAT AREA OF REHABILITATION?
A. SENATOR, I HAVE BEEN ASSOCIATED WITH VOCATIONAL REHABILITATION SINCE 1973 AND I HAVE GONE UP THE PROFESSIONAL LADDER. I HAVE SERVED IN VARIOUS CAPACITIES IN THAT ORGANIZATION. I AM INTERESTED IN THE WILL LOU OPPORTUNITY SCHOOL. IN 1962, AT THAT TIME, DR. WILLIAM T. LANDER WAS SUPERINTENDENT AND HE AND OUR FAMILIES ACTUALLY GREW UP TOGETHER IN WILLIAMSTON, IN ANDERSON COUNTY. HE WAS ONE OF THE SUPERINTENDENTS THAT GOT US TO COME TO THE WILL LOU GRAY OPPORTUNITY SCHOOL, AND THAT'S ABOUT ALL HOW IT DEVELOPED. I HAD THE GREAT HONOR OF SERVING MOSTLY WITH DR. WILL LOU GRAY AND DR. MARGUERITE TOLBERT.
REPRESENTATIVE STODDARD: WE NOTE OF SOME OF YOUR AFFILIATIONS, EXECUTIVE SECRETARY, SOUTH CAROLINA REHABILITATION ASSOCIATION.
A. THAT IS JUST AN ASSOCIATION OF REHABILITATION PERSONNEL IN THE INTEREST.
Q. HOW ABOUT THE GOVERNOR'S COMMITTEE ON THE EMPLOYMENT OF PEOPLE.
A. IT WAS JUST AN ORGANIZATION THAT APPOINTED THAT.
REPRESENTATIVE STODDARD: I BELIEVE MY PROBATE JUDGE USE TO SERVE ON THAT.
A. YES, THAT'S RIGHT. THERE'S NO CONFLICT OF INTEREST THERE.
SENATOR WILSON: MR. CHAIRMAN, NOT A QUESTION, BUT A COMMENT.
MR. RHODES IS A NEIGHBOR OF MINE IN SPRINGDALE, AND HE HAS AN EXCELLENT REPUTATION FOR HIS SERVICE ON THE BOARD AND HIS COMMITMENT TO VOCATIONAL REHABILITATION ALSO.
REPRESENTATIVE MARTIN: MR. RHODES, HAVE EVER BEEN ON A CRUISE TO THE BAHAMAS?
A. I HAD THE PRIVILEGE ONE TIME TO GO ON A CRUISE TO THE BAHAMAS. I SAW A FRIEND OF MINE AND I SAID THIS WOULD BE IDEAL PLACE IF YOU WANTED TO DO SOMETHING, NOT EXACTLY RIGHT. I TOLD MY WIFE AT THE TIME I HAD TO GO ABOARD AND GUESS WHO THE FIRST PERSON I SAW? THE HONORABLE REPRESENTATIVE DANNY MARTIN, SR. HE TOLD ME AT THE TIME THAT HE WAS THERE WITH HIS MINISTER. SO, I ACCEPTED THAT.
SENATOR MACAULAY.
Q. I NOTICED THAT YOUR VOTER REGISTRATION NUMBER IS BLANK.
A. I JUST INADVERTENTLY LEFT IT OFF, SENATOR.
SENATOR MACAULAY: I WAS JUST CURIOUS. MAYBE SENATOR WILSON WOULD CHANGE HIS OPINION IF HE WERE NO LONGER REGISTERED.
SENATOR WILSON: MR. CHAIRMAN, I CAN ACTUALLY TESTIFY ON HIS BEHALF, THAT I HAVE ACTUALLY SEEN HIM VOTE, EARLY, BUT NOT OFTEN.
REPRESENTATIVE STODDARD: ARE THERE ANY OTHER CANDIDATES? I DON'T HAVE THE FULL LIST HERE WITH ME. I HAD TWO OR THREE, I BELIEVE, TO CALL AND SAY THAT THERE WAS ILLNESS IN HIS FAMILY. I TOLD HIM WE COULD ACCOMMODATE HIM NEXT WEDNESDAY AT 9:00 AM.
REPRESENTATIVE STODDARD: MR. MITCHELL. (THE CHAIRMAN SWEARS IN MR. MITCHELL.)
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NONE THAT I KNOW OF.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. YES, SIR. I AM ON THE STATE BOARD OF ACCOUNTANCY AND IF ELECTED I WOULD RESIGN.
Q. IF ELECTED, YOU WOULD RESIGN?
A. YES, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR THE GENTLEMAN?
Q. WHAT HOUSE DISTRICT DO YOU LIVE IN?
A. I DON'T REALLY KNOW, I LIVE WEST OF THE ASHLEY.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE MARTIN: IF, FOR SOME REASON, YOU ARE NOT SUCCESSFUL AT GETTING A SEAT ON THE WIL LOU GRAY BOARD, DO YOU HAVE THE PREFERENCE AS A SECOND?
A. I AM ALREADY ON THE STATE BOARD OF ACCOUNTANCY, SO I WILL JUST KEEP THAT.
Q. NO, NO, THAT MAY HAVE BEEN SOMEWHAT OF A FACETIOUS QUESTION, BUT I JUST WONDERED, IF YOU COULDN'T MAKE IT, WOULD YOU LIKE IT FOR SOMEONE FROM CHARLESTON TO MAKE IT?
A. OH, YES DEFINITELY, I'M SURE MR. BREELAND WOULD BE A FINE MEMBER.
REPRESENTATIVE STODDARD: IF THERE ARE NO FURTHER QUESTIONS, THANK YOU MR. MITCHELL.
REPRESENTATIVE STODDARD: DR. SCOTT, IF YOU WOULD TAKE THE CHAIR. I HAVE A FEW QUESTIONS I WOULD LIKE TO ASK YOU.
Q. DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND MEETINGS ON A REGULAR BASIS?
A. YES.
Q. DO YOU HAVE NAY INTERESTS, PROFESSIONAL OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR DR. SCOTT?
SENATOR SMITH: I APPRECIATE THE FACT THAT SHE HAS COME TO BE HERE. BUT I WOULD LIKE TO JUST ASK YOU FOR THE RECORD, IF YOU WOULD LIKE A STATEMENT?
Q. WHY ARE YOU SEEKING THIS POSITION?
A. WELL, I SPENT 35 YEARS IN THE PUBLIC SCHOOL SYSTEM IN SOUTH CAROLINA AND NOW WORK WITH STUDENT TEACHERS AND BECAME VERY INTERESTED IN THE TYPE OF MISSION THAT WE ARE INVOLVED IN RIGHT NOW, AND THAT IS SERVING THE AT-RISK YOUTH IN THE STATE. WHEN DR. WILL LOU GRAY STARTED THE SCHOOL, IT WAS FOR ADULT WOMEN IN THE SUMMERS. AND AFTER WORLD WAR II, SHE CONCENTRATED ON GETTING VETERANS TO GET HIGH SCHOOL DIPLOMAS. THEN, IN THE LAST COUPLE OF YEARS, WE HAVE LOWERED OUR AGE REQUIREMENTS TO 15 SO THAT WE CAN CONCENTRATE ON THOSE KIDS WHO ARE NOT PERFORMING IN OUR PUBLIC SCHOOLS. WE HAVE MANY PROGRAMS GOING ON THERE THAT I AM QUITE INTERESTED IN. I CHAIR THE BOARD FOR THE TRUSTEES OF THE SCHOOL AND HAVE JUST BEEN ELECTED TO MY SECOND TWO-YEAR TERM. I HAVE A LOT OF INTERESTS, PERSONAL AND PROFESSIONAL, IN THE SCHOOL.
SENATOR SMITH: VERY GOOD, AND I THINK THAT PRETTY MUCH SAYS IT ALL MR. CHAIRMAN, AND I CERTAINLY KNOW THAT SHE'S VERY WELL QUALIFIED.
REPRESENTATIVE STODDARD: THANK YOU DR. SCOTT, AND WE APPRECIATE YOUR SERVICE ON THIS BOARD.
DR. SCOTT: THANK YOU AND I APPRECIATE YOUR SUPPORT.
REPRESENTATIVE STODDARD: OUR NEXT CANDIDATE IS MRS. BETTY HENDERSON. CANDIDATE FOR THE WILL LOU GRAY OPPORTUNITY SCHOOL. (THE CHAIRMAN SWEARS IN MRS. HENDERSON.)
Q. MRS. HENDERSON, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, I DO NOT.
Q. CONSIDERING YOU REPRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: ANY QUESTIONS FOR MRS. HENDERSON?
THANK YOU MA'AM.
REPRESENTATIVE STODDARD: OUR NEXT CANDIDATE IS CANDIDATE FOR STATE COLLEGE BOARD, MR. HAROLD PIERRE GAUTHIER. (THE CHAIRMAN SWEARS IN MR. GAUTHIER.)
Q. SIR, DO YOU HAVE NAY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A. NO, SIR.
Q. CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A. YES, SIR.
Q. DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A. NO, SIR.
Q. DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A. NO, SIR.
REPRESENTATIVE STODDARD: THANK YOU SIR. ANY MEMBERS HAVE ANY QUESTIONS FOR THE GENTLEMAN. THANK YOU SIR, YOU MAY STEP DOWN.
This Committee has investigated each of the candidates, has conducted two days of public hearings, and has duly considered the legal qualifications of each of the applicants. Based thereon, the Committee makes a favorable report on:
Mr. Vince Rhodes
Mr. Floyd Breeland
Dr. Louise T. Scott
Mr. Earl Mitchell
Mr. Charles W. Pigg
Ms. Helen Harvey
Mr. Nathaniel Abraham, Sr.
Mr. Stephon Edwards
Mr. Leevy Johnson
Dr. James Boykin
Mr. Arnold Collins
Mrs. Betty Henderson
Mr. Harold Pierre Gauthier
All the candidates making personal appearance before the committee, as noted earlier, are reported favorable and found qualified as candidates for election to the boards of trustees of the state's schools, colleges, and universities.
Respectfully submitted,
/s/Rep. Eugene C. Stoddard, Chm. /s/Senator Alex Macaulay, V. Chm.
/s/Rep. Daniel E. Martin, Jr., Sec. /s/Senator Nell W. Smith
/s/Rep. H. Howell Clyborne, Jr. /s/Senator Addison G. "Joe" Wilson
/s/Rep. Jennings G. McAbee /s/Senator Warren K. Giese
On motion of Rep. STODDARD, the Report was ordered printed in the Journal.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas H. Pope, III, Chairman
Judicial Screening Committee
DATE: May 15, 1991
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chm. /s/Rep. Larry E. Gentry, V. Chm.
/s/Senator John A. Martin /s/Rep. Daniel E. Martin, Sr.
/s/Senator Isadore E. Lourie /s/Rep. B.L. Hendricks, Jr.
/s/Senator Glenn F. McConnell /s/Rep. James H. Hodges
Pursuant to Act No. 119, 1975 S.C. Acts 122, this Committee met to consider the qualifications of the candidates seeking election to the positions of Associate Justice of the South Carolina Supreme Court, Judge of the Fourth Judicial Circuit, and Judge of the Sixteenth Judicial Circuit. In addition, the Committee considered the qualifications of Judge Luke N. Brown, Jr., for service as a retired Circuit Court judge.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Instead, it is the Committee's role to determine whether a candidate is qualified to sit as a judge. Under the statute, the Committee's determination in regard to each candidate is not binding on the members of the General Assembly.
Having completed the investigation as required by the act, the Committee by this Report respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee, held at the State House on May 9, 1991, and the portions of the documents submitted by the candidates which were made part of the public record. Persons filing affidavits were given an opportunity to testify regarding the qualifications of the candidates. Their testimonies were included in the Transcript.
Each candidate's file includes an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference, including one from the candidate's banker, and the report of a background investigation by SLED. These documents may be viewed in the office of the Judicial Screening Committee in Room 402 of the Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
SENATOR POPE: THIS COMMITTEE IS PURSUANT TO ACT 119 OF 1975 REVIEWING CANDIDATES FOR JUDICIAL OFFICE. THE FUNCTION OF THE COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES, BUT RATHER TO DECLARE WHETHER OR NOT THE CANDIDATES WHO OFFER FOR POSITIONS ON THE BENCH ARE IN OUR JUDGMENT QUALIFIED TO FILL THE POSITIONS. THE INQUIRY WHICH WE UNDERTAKE IS THOROUGH. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACKGROUND CHECK ON EVERY CANDIDATE. THE CANDIDATE IS INVESTIGATED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, INCLUDING COURTROOM RECORDS. A STATEMENT OF ECONOMIC INTEREST IS REQUIRED. WE RECEIVE A CREDIT REPORT. WE RECEIVE REPORTS FROM THE BOARD OF COMMISSIONERS ON GRIEVANCE AND DISCIPLINE WITH RESPECT TO ATTORNEYS AND JUDGES WHO ARE OFFERING, AND FROM THE BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS THE PERSONAL HISTORY, HEALTH AND PROFESSIONAL EXPERIENCE AND CONTAINS FIVE LETTERS OF REFERENCE. WE ARE READY TO BEGIN TODAY WITH OUR SCREENING PROCEDURES. WE WILL HAVE SEVEN CANDIDATES TODAY. WE WILL STAY UNTIL WE FINISH. WE WILL STATE AT THE OUTSET THAT WE WILL TRY NOT TO INCONVENIENCE ANY PERSON ANY MORE THAN WE HAVE TO. WE WILL HAVE TO BE AS THOROUGH AS REQUIRED TO COMPLETE ALL THE QUESTIONS THAT MIGHT BE NEEDED, AND WE WILL APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE WE CAUSE ANY PERSON WHO HAD TO APPEAR TODAY. WE DO HAVE A COUPLE OF MATTERS WE WILL NEED TO TAKE UP IN EXECUTIVE SESSION RELATIVE TO THIS PROCESS IN GENERAL. I WOULD APPRECIATE, AND I DON'T MEAN TO INCONVENIENCE YOU ALL, BUT WE WILL HAVE TO ASK THAT EVERYONE PLEASE LEAVE FOR JUST A BRIEF WHILE WHILE WE GO INTO EXECUTIVE SESSION.
SENATOR POPE: WE ARE BACK IN SESSION. ONE THING I THOUGHT WE OUGHT TO ADVISE EVERYBODY, I THINK THERE HAS BEEN SOME CONFUSION ABOUT THE NEW POLICY ABOUT OBTAINING PLEDGES. SOME PEOPLE HAVE TAKEN THE POSITION THAT SCREENING ENDS WHEN TODAY'S HEARING IS OVER, AND OTHERS HAVE SAID, NO, IT'S WHEN THE REPORT IS ISSUED, AND FOR CLARIFICATION PURPOSES THE COMMITTEE HAS ASKED THAT I ADVISE EVERYBODY HERE, AND WE WILL ALSO ADVISE THE MEMBERS OF THE GENERAL ASSEMBLY, THAT THIS COMMITTEE CONSIDERS THAT SCREENING IS CONCLUDED AFTER THE REPORT IS SIGNED BY THE COMMITTEE MEMBERS. THAT DOES NOT MEAN AFTER IT'S PRINTED IN THE "JOURNAL." IT JUST MEANS AFTER IT IS SIGNED. WE EXPECT A REPORT CAN PROBABLY BE COMPLETED AND SIGNED NEXT WEEK. WE CAN'T SAY WHAT DAY, BUT WE EXPECT I WOULD SAY AT LEAST BY WEDNESDAY AFTERNOON OF NEXT WEEK. SO JUST FOR EVERYBODY'S BENEFIT, WE WOULD CLARIFY THAT. WE WILL ALSO MAKE THAT KNOWN TO ALL THE MEMBERSHIP IN THE GENERAL ASSEMBLY. THE OTHER THING IS, WE DO HAVE TWO UNCONTESTED RACES, AND THE COMMITTEE WOULD LIKE TO PROCEED WITH THOSE FOR CONVENIENCE OF ALL PERSONS INVOLVED IF THERE IS NOT ANY PROBLEM. AT THIS TIME WE WOULD ASK JUDGE BROWN IF HE WOULD COME FORWARD. LUKE N. BROWN, JR., FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q JUDGE, YOUR LAST SCREENING WAS MARCH OF 1988, IS THAT CORRECT?
A YES, SIR.
Q AND YOU HAVE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A I HAVE.
Q IS IT CORRECT?
A IT IS.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THIS RECORD?
A NO, SIR.
1. Luke N. Brown, Jr.
Home Address: Business Address:
P. O. Box 879 P. O. Box 879
Ridgeland, SC 29936 Ridgeland, SC 29936
2. He was born in McCormick, South Carolina, on November 11, 1919. He is presently 71 years old.
Social Security Number: ***-**-*****
4. He was married to Hazel Rejane Gouldon on October 13, 1942. He has five children: Sharon B. Wall, age 46 (rural mail carrier); Luke N., III, age 43 (attorney); Rhett B. McGehee, age 40 (housewife); Stephanie B. Morton, age 38 (ticket agent for airlines); and Pamela B. Altman, age 36 (legal secretary).
5. Military Service: Service No. 656 08 35; U. S. Navy; entered Service September 30, 1941; discharged June 18, 1943; Honorable Discharge (Medical); Rank: QM 3/C
6. He attended the University of South Carolina; LLB; September 1947 through September 1951.
8. Legal/Judicial education during the past five years:
He has attended all CLE's as required, including most JCLE's.
9. Courses taught or lectures given:
JCLE - "From the Judge's Viewpoint in the Courtroom"
12. Legal experience since graduation from law school:
1951 to 1958 Partner in firm of Walker & Brown, Ridgeland, SC
1958 to 1962 Partner in firm of Walker, Brown & McKellar, Ridgeland, SC
1962 to 1969 Sole practitioner in Law Offices of Luke N. Brown, Jr., Ridgeland, SC
1969 to 1971 Partner in firm of Brown & Brown, Ridgeland, SC.
1971 to 1980 Sole practitioner in Law Offices of Luke N. Brown, Jr., Ridgeland, SC
1980 to present Judge of the Fourteenth Judicial Circuit
20. Judicial Office:
Elected Judge of the Fourteenth Judicial Circuit, State of South Carolina, March 26, 1980. Assumed office July 11, 1980, and has served in this capacity since that time.
22. Public Office: Appointed Chairman of the Jasper County Election Commission, 1966 to 1980
28. He was arrested in 1951 and tried for night hunting. He was found not guilty by jury. This has been reported at each screening.
30. Tax Lien:
10/14/58 Tax Lien filed by the South Carolina Tax Commission for $628.58. Satisfied 10/18/58
9/26/90 Tax Lien filed by the South Carolina Tax Commission for $41.58. Satisfied 10/1/60
31. Sued:
1978 Henry E. Ingram, Jr., regarding dissolution of partnership involving land. It was settled by the parties (Jasper County).
1974 Gary D. Brown, regarding dissolution of law partnership. It was settled by the parties (Jasper County).
1973 Carolyn D. and John D. Herndon, alleging co-ownership of property. It was dismissed (Jasper County).
1976 FDIC, regarding suit for collection on endorsement note. A Judgment was paid (Federal Court C/A 76-626).
1976 Marian Weed, regarding suit for collection on endorsement note. A Judgment was paid (Federal Court C/A 76-251).
1974 Miriam Coldanchise. He was named as a co-defendant in an action involving a suit to quiet title for work done by her attorneys. He was dismissed as a co-defendant by Judge Robert Chapman on July 21, 1976 and January 27, 1977 (C/A 74-482).
1982 By a defendant along with various Clerks of Court, Family Court Judges, Sheriffs and other parties entitled: Mary D.S. Peters vs. Morgan J. McCutcheon, W. Henry Jackson, Luke N. Brown, Jr., C. C. Mattox, Randolph Murdaugh, Jr. and Beaufort County, South Carolina. There was a directed verdict by the Federal District Court; affirmed by U. S. Circuit Court of Appeals; status to U. S. Supreme Court unknown.
1990 Moses Anderson, Jr., regarding suit against James W. Hancock, Jr., Attorney in Rock Hill and Judge Brown, claiming he discriminated against him in conduct of his trial. A Motion to Dismiss and supporting Memorandum was filed by the Office of the Attorney General on November 16, 1990. It is still pending.
All of the above was reported at previous screenings with the exception of 1990.
33. His health is excellent. His last physical was February 23, 1990, by Dr. Ronald Fagin, Savannah, Georgia.
39. Bar Associations and Professional Organizations:
South Carolina Bar
40. Civic, charitable, religious, educational, social and fraternal organizations:
Masonic Lodge #98, Ridgeland, SC; A & A Scottish Rites, Savannah, Georgia of Free Masonry; Shriner Omar Temple, Charleston, SC; American Legion Post #58, Ridgeland, SC; St. Pauls United Methodist Church, Ridgeland, SC; USC Alumni; USC Education Foundation; USC Gamecock Club; Half Scholarship Member; Sponsor of Ducks Unlimited, Inc.; Mary Heyward Chapter #124, O.E.S., Ridgeland, SC
42. Five (5) letters of recommendation:
(a) James R. Rhodes, Jr., Vice President
First National Bank
P. O. Box 880, Ridgeland, SC 29936
(b) Ms. Zenie M. Ingram, Executive Director
Jasper County Chamber of Commerce
Box 1267, Ridgeland, SC 29936
(c) Randy M. Blackmon, Sheriff
Jasper County
P. O. Box 1366, Ridgeland, SC 29936
(d) D. P. Lowther, Chairman
Jasper County Council
P. O. Drawer F, Ridgeland, SC 29936
(e) R. Thayer Rivers, Jr., Esquire
Secretary, Jasper County Bar
P. O. Drawer 668, Ridgeland, SC 29936
Q NOW, THE COMMITTEE HAS CHECKED THE RECORDS WITH THE JUDICIAL STANDARDS COMMISSIONS AND THERE ARE NO REPORTS OF REPRIMANDS THERE. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. RECORDS OF LAW ENFORCEMENT AGENCIES ARE NEGATIVE AS TO JASPER COUNTY SHERIFF'S OFFICE, RIDGELAND CITY POLICE DEPARTMENT, SLED AND F.B.I. ARE ALL NEGATIVE. THE JUDGMENT ROLLS OF JASPER COUNTY ARE NEGATIVE. YOUR QUESTIONNAIRE REFERENCES THREE SUITS IN JASPER COUNTY. HAVE ALL THOSE BEEN CONCLUDED?
A YES, SIR, YEARS AGO.
Q TELL US BRIEFLY WHAT THOSE INVOLVE.
A I DON'T HAVE MY LIST, BUT ONE OF THEM INVOLVING HENRY INGRAM WAS A PARTNERSHIP IN WHICH HE DIDN'T KEEP UP HIS SIDE OF THE PAYMENTS BACK IN THE LATE '70S. WE RESOLVED OUR DIFFERENCES BEFORE IT WENT TO COURT. I BELIEVE ANOTHER ONE WAS I WAS DOING TITLE EXAMINATIONS FOR A LADY--WELL, THE NEXT ONE WAS MY LAW PARTNER, WHO WAS MY BROTHER. WE SEPARATED, AND WE RESOLVED OUR DIFFERENCES AND WE ARE BACK IN THE FAMILY TODAY. I DON'T RECALL WHAT THE HERNDON MATTER WAS. IT SAYS THAT IT WAS CO-OWNERSHIP OF PROPERTY, BUT I THINK THEY WITHDREW THAT SUIT. WHOEVER FILED IT FILED IT BY ERROR. F.D.I.C. WAS A NOTE THAT I ENDORSED ON A PRETTY GOOD SIZED NOTE, IF I RECALL CORRECTLY. THE MATTER WAS HEARD IN JACKSONVILLE, FLORIDA AND I PREVAILED A LITTLE BIT. I LOST PART OF IT. IT WAS A PARTNER IN A CORPORATION.
Q JUDGE, THERE HAVE BEEN, I BELIEVE, SOME SUITS BROUGHT AGAINST YOU IN YOUR JUDICIAL CAPACITY?
A MIRIAM COLDANCHISE, I DID SOME TITLE WORK FOR HER. SHE DISMISSED ME AND EMPLOYED RANDOLPH MURDOCK AND AARON CRAVITZ OF SAVANNAH. SHE DIDN'T LIKE THE OUTCOME OF WHAT THEY DID AND SHE SUED THE JUDGE AND ME AND MR. MURDOCK AND MS. CRAVITZ. I WAS DISMISSED BY THE COURT. THE OTHER SUITS ARE SUITS WHERE I HAVE BEEN JOINED, ALONG WITH VARIOUS SHERIFFS AND OTHER JUDGES AND CLERK OF COURTS, BY DISGRUNTLED PEOPLE. ALL OF THOSE I HAVE BEEN DISMISSED BY THE COURT.
Q JUDGE, YOUR HEALTH IS REPORTED TO BE EXCELLENT?
A SUPER, I THINK.
Q AND YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS. THE COMMITTEE HAS REVIEWED THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS THAT HAVE BEEN SUBMITTED AND THEY ARE SATISFACTORY. WE HAVE HAD NO COMPLAINTS AND NO WITNESSES HAVE INDICATED ANY DESIRE TO BE PRESENT TODAY. YOU ARE HERE BECAUSE YOU DESIRE TO CONTINUE SERVING IN A RETIRED CAPACITY?
A YES.
Q WE CERTAINLY APPRECIATE YOUR WILLINGNESS TO CONTINUE IN THAT REGARD. DO YOU HAVE ANY STATEMENT OR COMMENT YOU WOULD LIKE TO MAKE?
A NO, SIR.
Q DO THE COMMITTEE MEMBERS HAVE ANY QUESTIONS OF JUDGE BROWN. (NO RESPONSE.) THANK YOU VERY MUCH.
SENATOR POPE: WE NEXT HAVE THE SIXTEENTH JUDICIAL CIRCUIT JUDGESHIP FOR UNION AND YORK COUNTIES, AND THE ONLY APPLICANT IS JOHN HAYES. FOR THE RECORD, PLEASE STATE YOUR FULL NAME.
A JOHN CALVIN HAYES, III.
JOHN CALVIN HAYES, III, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES.
Q IS IT CORRECT?
A IT IS.
Q IT DOES NOT NEED ANY FURTHER CLARIFICATION?
A WE CALLED BARBARA, ONE WORD NEEDED TO BE CHANGED. I THINK THAT HAS BEEN DONE.
Q YOU HAVE NO OBJECTION TO US MAKING THIS A PART OF THE RECORD?
A NONE.
1. John Calvin Hayes, III
Home Address: Business Address:
823 Milton Avenue P. O. Box 964
Rock Hill, SC 29730 Rock Hill, SC 29731
2. He was born in York County, South Carolina on October 18, 1945. He is presently 45 years old.
Social Security Number: ***-**-*****
4. He was divorced on November 20, 1990 on the grounds of one year's separation. He was the moving party. He has three children: John C., IV, age 20 (student - University of South Carolina); Mary Scott, age 17 (student - 11th grade); and Frances Green, age 15 (student - 9th grade).
5. Military Service: U. S. Army Reserve, E-6, Serial No. ***-**-*****, 1968-1974, Honorably Discharged, NCO of the Year (1973)
6. He attended the University of the South, Sewanee, Tennessee, 1963-1964, transferred to the University of South Carolina; the University of South Carolina, B.A. (English), 1964-1967; the University of South Carolina School of Law, J.D., 1967-1971.
7. At the University of the South, he participated in varsity football and the Phi Gamma Delta Fraternity (pledge); at the University of South Carolina, Kappa Sigma Fraternity; and at the University of South Carolina School of Law, Law Review.
8. Legal/Judicial education during the past five years:
He has met the annual requirements. He has attended seminars on a wide variety of topics.
9. Courses taught or lectures given:
Moderator - CLE - Proof of Damages
Rock Hill School District No. 3 - Young Lawyers Program - Law Classes in High School
10. Published Books or Articles:
Mail Fraud - 22 SCLR 434 (1970)
Torts - IntraFamily Immunity - 21 SCLR 813 (1969)
12. Legal experience since graduation from law school:
1971 - 1972 Law Clerk for Chief Justice Joseph R. Moss
1972 - present Hayes, Brunson and Gatlin
General Practice
Subsequent to approximately 1980, his practice has been primarily civil litigation. He also, throughout his practice, has handled worker's compensation cases, social security disability cases, simple wills, and some estates. He has also handled real estate transactions including title searches and loan closings.
14. Frequency of appearances in court:
Federal - infrequent
State - very frequent
Other - frequent - Magistrate's Courts, Worker's Compensation Commission, Probate Court, Municipal Court, Social Security Hearings
15. Percentage of litigation:
Civil - 90%
Criminal - 5%
Domestic - 5%
16. Percentage of cases in trial courts:
Jury - 80%
Non-jury - 20%
Sole Counsel - 90%
Associate Counsel - 10%
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Duncan v. York County. 267 S.C. 327, 228 SE2d 92
The suit challenged the constitutionality of the Home Rule Act. He represented the Plaintiff in the Original Jurisdiction in the Supreme Court.
(b) Eckerd v. Carpenter Decorating. U. S. District Court
This was a fire damage case where the ultimate damages exceeded two million dollars. He represented Carpenter Decorating. A verdict was returned by the jury in favor of Carpenter Decorating Company.
(c) Belk v. Doe. Lancaster County Court of Common Pleas
This was a tort case against an unknown uninsured motorist. He defended John Doe. The jury returned a verdict for the Defendant.
(d) State v. Littlejohn. York County Court of General Sessions
This was a murder case. He defended Littlejohn, who was found guilty and sentenced to life imprisonment.
(e) Bothelo v. Bycura. 282 S.C. 578, 320 SE2d 59, South Carolina Court of Appeals, March 30, 1984.
This case established the requirement that a chiropractic expert must testify to the standard of care required of a chiropractor.
18. Five (5) civil appeals:
(a) Russell v. Ashe Brick Co.
267 S.C. 640, 230 SE2d 814
S.C. Supreme Court
December 7, 1976
(b) Laney v. Hefley
262 S.C. 54, 202 SE2d 12
S.C. Supreme Court
January 17, 1974
(c) Giles v. Parker
Opinion No. 1621
S.C. Court of Appeals
February 4, 1991
(d) Belk v. Nationwide Mutual Insurance Company
271 S.C. 24, 244 SE2d
S.C. Supreme Court
May 18, 1978
(e) Stroud v. Stroud
299 S.C. 394, 385 SE2d 744
S.C. Court of Appeals
September 5, 1989
19. Five (5) criminal appeals:
(a) State v. Washington
Memorandum Opinion 77-98
S.C. Supreme Court
September 1, 1977
(b) State v. Deese
266 S.C. 543, 225 SE2d 175
S.C. Supreme Court
May 5, 1976
(c) State v. Fields
264 S.C. 260, 214 SE2d 320
S.C. Supreme Court
April 16, 1974
22. Public Office:
Solicitor - City of Rock Hill - appointed (approximately one year)
South Carolina House of Representatives - 1980-1984 - Elected
South Carolina Senate - 1984-present - Elected
South Carolina Coastal Council (Fifth Congressional District) - 1980 - Elected
25. Officer/director or management of business enterprise:
Regional Board - First Bank of South Carolina
Board of Rock Hill Industrial Park (non-profit)
Board of Rock Hill Economic Development Corp. (non-profit)
If elected to the office sought, he would resign from these offices.
27. Financial Arrangement or Business Relationships:
He is in partnership with Keith A. Gatlin and Earl R. Gatlin for the purpose of practicing law. This partnership will be dissolved if he is elected to the office he seeks.
He is in partnership with Earl R. Gatlin who owns two (2) office buildings. This should not present a conflict, but if it were deemed to be, he would divest himself of his interest.
30. Tax Lien: The IRS levied on their law firm, in error, based on their employer's quarterly return which had been paid in full for months prior to the levy.
31. Sued: He has been named in one or more lawsuits in his capacity as Chairman of the South Carolina Coastal Council.
33. His health is excellent. His last physical was in January of 1985. The examining doctor was Dr. Gaines Entrekin, 1251 Ebenezer Road, Rock Hill, SC 29730 (328-0181).
35. He wears contact lens.
36. Current Treatment for Illness or Physical Condition: He is not under active treatment. He does have prescriptions for medication for a small ulcer and urinary infection.
39. Bar Associations and Professional Organizations:
South Carolina Bar - 1971 to present
40. Civic, charitable, religious, educational, social and fraternal organizations:
Episcopal Church of Our Savior, Rock Hill; South Carolina Humanities Council Board; South Carolina Chapter, Leukemia Society of America, Board of Trustees, Fund Raiser of the Year 1988, Special Fund Raiser Recognition; Rock Hill Arts Council; Friends of South Carolina State Museum; Museum of York County; Rotary Club; Elk's Club; Rock Hill Chamber of Commerce; Fort Mill Chamber of Commerce; Tega Cay Chamber of Commerce, Charter Member; Winthrop College Board of Trustees; York County Humane Society; 1984, Co-Legislator of the Year (with Rep. Lloyd Hendricks), Greenville News Piedmont
42. Five (5) letters of recommendation:
(a) Dennis J. Stuber, Regional Vice President
First Federal of South Carolina
P. O. Box 408, Greenville, SC 29602
(b) Honorable John M. Spratt, Jr.
U. S. House of Representatives
1533 Longworth Building, Washington, DC 20515
(c) Honorable Joseph R. Moss
207 E. Liberty Street, York, SC 29745
(d) Arthur G. Fusco, Esquire
P. O. Box 2628, Columbia, SC 29202
(e) The Reverend C. Alex Barron, Jr., Rector
St. Mark's Episcopal Church
P. O. Box 476, Marco Island, Florida 33969
Q IT WILL BE DONE. THE COMMITTEE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE, THEY REPORT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE LAW ENFORCEMENT RECORDS OF YORK COUNTY SHERIFF'S DEPARTMENT, ROCK HILL CITY POLICE DEPARTMENT, SLED AND THE F.B.I. ARE NEGATIVE. THE JUDGMENT ROLLS OF YORK COUNTY ARE NEGATIVE. THE FEDERAL COURT RECORDS INDICATE NO JUDGMENTS, AND I BELIEVE YOU HAVE BEEN SUED THREE TIMES IN YOUR CAPACITY AS CHAIRMAN OF THE COASTAL COUNCIL?
A THAT'S CORRECT.
Q THOSE SUITS WERE RESOLVED HOW?
A WELL, I DON'T KNOW. I CAN'T RECALL ALL THAT WAS INVOLVED. I THINK AN ORDER HAS BEEN ISSUED IN EACH DISMISSING ME AS A PARTY INDIVIDUALLY AND MERELY SUITS AGAINST THE SOUTH CAROLINA COASTAL COUNCIL AT THIS TIME.
Q WERE THEY CLAIMS OF INVERSE CONDEMNATION?
A YES. THEY HAD TO DO WITH THE BEACH FRONT MANAGEMENT ACT. NOTHING TO DO WITH ANY JUDGMENT OR ANYTHING SUCH AS THAT. IT HAD PURELY TO DO WITH THE TAKING ISSUE.
Q AND YOUR HEALTH IS REPORTED TO BE EXCELLENT?
A THAT'S CORRECT.
Q THE STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS. THE COMMITTEE REVIEWED THE FINANCIAL RECORDS AND WERE SATISFIED WITH THEIR ACCURACY. NO COMPLAINTS HAVE BEEN RECEIVED AND NO WITNESSES HAVE INDICATED A DESIRE TO BE PRESENT. SENATOR, ONE THING WE HAVE TRADITIONALLY ASKED CANDIDATES THAT I NEGLECTED TO ASK JUDGE BROWN BY OVERSIGHT, BUT THERE HAS BEEN TALK AMONG LAWYERS AND OTHER PEOPLE THEY ARE CONCERNED ABOUT THE "ROBEITIS" THAT SOME JUDGES, VERY FEW, BUT SOME HAVE DEVELOPED IN THE PAST AS FAR AS THEIR TEMPERAMENT. WHAT STEPS WOULD YOU TAKE TO INSURE THAT DOESN'T HAPPEN?
A REPEAT THE QUESTION.
Q THE QUESTION OF JUDICIAL TEMPERAMENT.
A I DON'T KNOW WHAT MINE WILL BE, BUT I THINK THOSE OF YOU WHO HAVE SERVED WITH ME HAVE OBSERVED WHAT MY TEMPERAMENT HAS BEEN IN THE COMMITTEE PROCESS AND ON THE FLOOR OF BOTH THE HOUSE AND THE SENATE. I HAVE SERVED AS THE CHAIRMAN OF THE SOUTH CAROLINA COASTAL COUNCIL IN THE PAST FEW YEARS WHERE WE HAVE HEARINGS, VERY MUCH QUASI-JUDICIAL, VERY MUCH AS WE HAVE HEARINGS IN THE COURTROOM. I HAVE HAD NO COMPLAINTS ABOUT MY RAPPORT WITH THE LITIGANTS, SO TO SPEAK, THEIR ATTORNEYS OR THE COUNCIL MEMBERS. I WOULD LIKE TO THINK I AM AN EVENHANDED INDIVIDUAL, DON'T GET RATTLED, NOT EXCITABLE, AND I THINK ALL THAT WOULD LEND TOWARDS MY TEMPERAMENT BEING THAT OF WHAT I THINK ONE WHO HOLDS COURT SHOULD BE.
Q DO YOU HAVE ANY OTHER COMMENTS OR STATEMENTS YOU WOULD LIKE TO MAKE?
A NONE.
SENATOR POPE: DOES THIS COMMITTEE HAVE ANY QUESTIONS OF SENATOR HAYES?
Q OF COURSE, AS YOU WELL KNOW, YOU AND I GO BACK A LONG WAY. I WAS CURIOUS AS TO WHY YOU WANTED TO BECOME A JUDGE AND, OF COURSE, NO LONGER SERVE IN THE GENERAL ASSEMBLY?
A I WILL MISS THE GENERAL ASSEMBLY AND I WILL MISS THE PRACTICE OF LAW, BUT AT MY AGE THIS OPPORTUNITY CAME ALONG. SOMEBODY ASKED ONE TIME IF I WOULD LIKE TO RUN FOR GOVERNOR AND I SAID I THINK THAT EVERYBODY THAT HAS HELD AN ELECTIVE OFFICE THINKS AT ONE TIME OR ANOTHER ABOUT BEING GOVERNOR, AND EVERYBODY THAT PRACTICES LAW AT ONE TIME OR ANOTHER THINKS ABOUT BEING A JUDGE, AND SO THIS HAS BEEN IN THE RECESSES OF MY MIND THAT I WOULD LIKE TO DO THIS WHEN THE OPPORTUNITY CAME ALONG. I LOOK FORWARD TO THAT CHANGE IN MY CAREER, AND I HAVE BEEN PRACTICING LAW RIGHT AT 20 YEARS, AND SINCE THE OPPORTUNITY CAME ALONG, IT IS SOMETHING I WANTED TO DO.
Q I GUESS WHAT I WANT TO SAY IS THAT WE WILL MISS YOU IN THE GENERAL ASSEMBLY AND WE WANT TO THANK YOU FOR YOUR SERVICE.
A I WAS HOPING YOU WEREN'T DRIVING AT WHETHER IT WAS SOMETHING YOU HAD DONE THAT WAS DRIVING ME AWAY. I HAVE ENJOYED IT VERY MUCH.
SENATOR POPE: YOU HAVE CERTAINLY SERVED WELL, SENATOR, AND WE WILL MISS YOU.
A THANK YOU.
SENATOR POPE: WE WILL NOW RETURN TO THE ORDER IN WHICH WE HAD ORIGINALLY STARTED. WE HAVE THREE CANDIDATES FOR THE POSITION OF ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, AND WE HAVE LISTED THEM ALPHABETICALLY, AND JUDGE JAMES E. MOORE, WOULD YOU COME AROUND TO THE TABLE. PLEASE STATE YOUR NAME.
A JAMES E. MOORE.
JAMES E. MOORE, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q YOUR LAST SCREENING WAS MARCH OF 1988?
A THAT'S CORRECT.
Q AND JUST FOR PROCEDURAL PURPOSES, WE DID HAVE ONE COMPLAINT. WE ARE GOING TO PROCEED WITH THE QUESTIONS AS IN THE OTHER SCREENINGS AND THEN THE COMPLAINANT WILL BE ALLOWED TO STATE WHAT SHE WOULD LIKE TO STATE AND THEN WE WILL LET YOU HAVE AS MUCH TIME AND CALL AS MANY PEOPLE AS YOU WOULD LIKE IN RESPONSE TO WHATEVER THE STATEMENTS SHE MAKES ARE. HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A THAT'S CORRECT.
Q IS IT CORRECT?
A IT IS CORRECT WITH ONE CORRECTION THAT I CALLED MRS. SATTERWHITE ABOUT THAT SHOULD BE REFLECTED ACCURATELY.
Q YOU HAVE NO OBJECTION TO US INCLUDING IT IN THE RECORD?
A NO OBJECTION.
1. James E. Moore
Home Address: Business Address:
113 Stratford Road Rm 210, Greenwood Cnty Courthouse
Greenwood, SC 29646
P. O. Box 658
Greenwood, SC 29648
2. He was born in Laurens, South Carolina, on March 13, 1936. He is presently 55 years old.
Social Security Number: ***-**-*****
4. He was married to Mary Alicia Deadwyler on January 27, 1963. He has two children: Erin Moore Yates, age 25 (Management Associate, Barnette Bank, West Palm Beach, Florida), and Travis Warren, age 23 (Law Clerk, Watson and Agnew, Greenwood, South Carolina).
5. Military Service: April 22, 1958 - April 21, 1964; North Carolina Air National Guard; SSgt; AF250500976; Obligation Completed; Honorable Discharge
6. He attended Duke University, 1954-1958, B.A., and Duke University School of Law, 1958-1961, J.D.
7. At Duke University he was a member of Kappa Sigma Fraternity, 1955-1958, Vice President 1957-1958; Phi Delta Phi Fraternity, 1958-1961; Reporter, Duke University Bureau of Public Information, 1956-1961; Bench 'n Bar Society, 1954-1956; Recipient, University Scholarship (undergraduate); Recipient, Southern Scholarship (law school).
8. Legal/Judicial education during the past five years:
He has attended all required JCLE courses and judicial conferences.
9. Courses taught or lectures given:
1978 Addressed South Carolina Magistrates on Judicial Ethics
1980 CLE "Jury Selection and Opening Statements"
1985 Faculty Advisor, National Judicial College, University of Nevada, Reno, Nevada
1985 Three CLE Seminars (Charleston, Greenville, Columbia) on "New Rules of Civil Procedure"
1985 Bench/Bar Conference on Civil Trial Advocacy
1986 CLE "SC Rules of Civil Procedure"
1988 Bench/Bar Conference on Civil Trial Advocacy
1988 Panel Member on "Covering the Courts," SC Press Association Workshop
1988 Panel Member on "Judicial Ethics," SC Judicial Conference
1989 Panel Member on "Punitive Damages," SC Defense Trial Attorneys Association
1990 "Trial of Death Penalty Cases," SC Judicial Conference
1991 "Alternative Dispute Resolution," SC Bar Mid-Year Meeting (Trial and Appellate Advocacy Seminar)
12. Legal experience since graduation from law school:
1961-1973 General practice of civil and criminal litigation in all levels of our state court system and federal district court (family, civil, probate, property, workers compensation, assisted Solicitor of Eighth Judicial Circuit in prosecution of cases in General Sessions Court)
1973-1976 General practice of civil and criminal litigation including above areas with the addition of defense of criminal cases
1976-present Circuit Court Judge
20. Judicial Office:
1976 Elected Resident Circuit Court Judge of the Eighth Judicial Circuit; General jurisdiction with trial of jury and non-jury civil and criminal cases
1982 Reelected
1988 Reelected
21. Five (5) of the Most Significant Orders or Opinions You Have Written:
(a) Brown, et al. v. Wingard, et al., 84-CP-24-129 and 83-CP-24-112, 285 S.C. 478, 330 SE2d 301 (1985)
(b) McDonough v. South Carolina Highway Department, 85-CP-40-3537
(c) Perkins v. The University of South Carolina, 86-CP-40-3405
(d) Greenwood County v. McDonald, et al., 88-CP-24-84, Opinion #23247, The Supreme Court of South Carolina, Filed 7-23-90
(e) Huckabee, et al. v. WFI Transport, Inc., 89-CP-01-58
22. Public Office: South Carolina House of Representatives, 1969-1976
24. Any Occupation, Business or Profession Other Than the Practice of Law: None, except part-time jobs during high school, college and law school
31. Sued:
In February, 1991, a Defendant in Laurens General Sessions brought an action in U.S. District Court (C.A. No. 6:91-0461-9) against the Solicitor of the Eighth Judicial Circuit, the South Carolina Attorney General, and the two resident Circuit Court Judges of the Eighth Judicial Circuit, alleging a violation of his civil rights by being required by the Solicitor to remain in court until his case is called. The action is pending, and he is advised that a Motion to Dismiss has been filed.
In 1989, Donald J. Strable, a pro se litigant brought an action in U.S. District Court (C.A. No. 6:89-1533-17K) against each member of the South Carolina Supreme Court, the Clerk of the Supreme Court, Judge Moore and four other Circuit Court Judges, complaining of various rulings in a number of cases in which he had proceeded pro se. The action was dismissed by the U.S. District Court on July 7, 1989, which Order was affirmed by the U.S. Court of Appeals for the Fourth Circuit on February 1, 1990.
In 1989, he denied several motions in a case brought by a pro se litigant (89-CP-36-156) and as a result the attorney for the Defendant and he were named as third-party defendants. On February 15, 1990, the Circuit Court dismissed the third-party complaint and awarded sanctions against the Plaintiff.
In 1978, he was named as a Defendant in his capacity of a judge in an action in U.S. District Court for South Carolina brought by an inmate. The action was dismissed by the U.S. District Court without service of the complaint being made.
33. His health is good. His last physical was January 3, 1991 by Dr. J. Roland McKinney, Medical Center, Greenwood, South Carolina.
35. He uses reading glasses.
39. Bar Associations and Professional Organizations:
Greenwood County Bar Association; South Carolina Bar; American Bar Association; American Judicature Society; National Conference of State Trial Judges, Executive Committee, 1989-1992
40. Civic, charitable, religious, educational, social and fraternal organizations:
First Baptist Church, Greenwood, South Carolina, Deacon; Board of Trustees, The Lander Foundation, 1985-present; The Greenwood Country Club
41. He was Chairman, South Carolina Circuit Court Judges Association, 1987-present; Chairman, Advisory Committee, South Carolina Circuit Court Judges, 1984-present; Vice Chairman, Board of Commissioners on Judicial Standards, 1981-present; Member, Ad Hoc Committee on South Carolina Rules of Civil Procedure
42. Five (5) letters of recommendation:
(a) Steve O. White, Vice President
NCNB National Bank
P. O. Box 1058, Greenwood, SC 29648
(b) J. William Harris, Th.D.
First Baptist Church
P. O. Box 702, Greenwood, SC 29646
(c) William T. Jones, III, Esquire
P. O. Box 186, Greenwood, SC 29648-0186
(d) Howard L. Burns, Esquire
P. O. Box 1547, Greenwood, SC 29648
(e) Larry A. Jackson, President
Lander College
Greenwood, SC 29649
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED NO COMPLAINTS OR CHARGES OF ANY KIND EVER FILED AGAINST YOU. LIKEWISE, WITH THE JUDICIAL STANDARDS COMMISSION REPORTING NO RECORD OF REPRIMANDS AGAINST YOU. THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. THE RECORDS OF ALL APPLICABLE LAW ENFORCEMENT AGENCIES, SUCH AS GREENWOOD COUNTY SHERIFF'S DEPARTMENT, GREENWOOD CITY POLICE DEPARTMENT, SLED AND F.B.I. ARE NEGATIVE. THE JUDGMENT ROLLS OF GREENWOOD COUNTY ARE NEGATIVE. JUDGE, I BELIEVE YOU LISTED IN QUESTION 31 SOME OCCASIONS WHEN YOU WERE SUED IN YOUR JUDICIAL CAPACITY?
A YES, SIR.
Q TELL US VERY BRIEFLY ABOUT THOSE.
A I MAY NOT RECALL ALL THE NAMES. IF I COULD HAVE---
Q YOU MIGHT WANT TO GET A COPY OF YOUR QUESTIONNAIRE. ARE ALL THOSE CONCLUDED NOW HAVING BEEN DISMISSED?
A ALL BUT ONE, AND I AM INFORMED THAT THE PLAINTIFF IN THIS PARTICULAR CASE HAS ASKED THAT IT BE DISMISSED. THE ONE THAT IS PENDING IS A SUIT IN FEDERAL COURT WHERE A DEFENDANT IN THE GENERAL SESSIONS COURT BROUGHT AN ACTION AGAINST THE SOLICITOR, THE ASSISTANT SOLICITOR, THE ATTORNEY GENERAL, THE TWO RESIDENT CIRCUIT JUDGES OF THE 8TH CIRCUIT ALLEGING A VIOLATION OF HIS CIVIL RIGHTS BY BEING REQUIRED TO REMAIN IN COURT UNTIL HIS CASE IS CALLED. I HAVE BEEN DISMISSED INDIVIDUALLY IN THAT SUIT, AS HAS THE OTHER JUDGE, AND I AM INFORMED THAT THE PLAINTIFF--ONE PLAINTIFF HAS DROPPED THE CASE, AND I AM INFORMED THE OTHER ONE IS ATTEMPTING TO DROP IT. THE OTHER ONE WAS A PRO SE LITIGANT WHO BROUGHT AN ACTION, LIKEWISE IN DISTRICT COURT, AGAINST EACH MEMBER OF THE SUPREME COURT, THE CLERK OF THE SUPREME COURT, ME AND FOUR OR FIVE OTHER CIRCUIT JUDGES FOR VARIOUS RULINGS IN CASES IN WHICH HE HAS BEEN INVOLVED WITH. THAT WAS DISMISSED BY THE DISTRICT COURT AND AFFIRMED BY THE COURT OF APPEALS. ANOTHER ONE WAS WHERE A PRO SE LITIGANT MADE A MOTION IN A CIVIL CASE TO KEEP THE ATTORNEY FROM TRESPASSING ON THE PLAINTIFF'S CASE BY FILING AN ANSWER. I DENIED THAT MOTION STATING THAT THE ATTORNEY HAD A RIGHT TO FILE AN ANSWER ON BEHALF OF THE DEFENDANT. THAT ATTORNEY AND I WERE THEN MADE THIRD PARTY DEFENDANTS, AND HE ATTEMPTED TO KEEP ME FROM TRESPASSING ON THE CASE. THAT CASE WAS LIKEWISE DISMISSED. THEN SHORTLY AFTER I WAS SWORN IN AS CIRCUIT JUDGE A DEFENDANT IN CRIMINAL COURT BROUGHT AN ACTION. THAT WAS DISMISSED WITHOUT MY EVER HAVING SEEN THE COMPLAINT.
Q BASICALLY ALL OF THEM HAVE BEEN DISMISSED AND THE LAST ONE IS PENDING AND IS LIKELY TO BE DISMISSED IN A SHORT WHILE?
A I AM HOPEFUL, YES, SIR.
Q JUDGE, YOUR HEALTH IS REPORTED TO BE VERY GOOD?
A IT'S VERY GOOD. MY LAST PHYSICAL WAS EARLIER THIS YEAR.
Q AND THE STATEMENT OF ECONOMIC INTEREST YOU HAVE FILED HAS NO CONFLICTS OF INTEREST OR OBLIGATIONS. FINANCIAL NET WORTH STATEMENTS AND CREDIT REPORTS THAT YOU REPORTED ARE SATISFACTORY, AND THERE IS ONE COMPLAINT THAT HAS BEEN RECEIVED BY BETTY ANDERSON AND SHE IS HERE TODAY TO TESTIFY. AS I SAID, YOU WILL BE GIVEN THE OPPORTUNITY TO RESPOND COMPLETELY. DO YOU HAVE ANY COMMENTS AT THIS POINT?
A I HAVE NO STATEMENT, MR. CHAIRMAN. THE APPLICATION REQUIRED BY THE COMMITTEE IS THOROUGH AND I THINK THE ANSWERS REVEAL TO SOME EXTENT MY QUALIFICATIONS. I WILL BE HAPPY TO ANSWER ANY QUESTIONS FROM YOU OR ANY OF THE COMMITTEE MEMBERS.
SENATOR POPE: ANYBODY HAVE ANY QUESTIONS? (NO RESPONSE.) THANK YOU, JUDGE. AT THIS TIME WE WILL ASK BETTY ANDERSON TO COME TO THE END OF THE TABLE. PLEASE STATE YOUR FULL NAME.
A BETTY J. ANDERSON.
BETTY J. ANDERSON, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q MRS. ANDERSON, WE WILL HEAR WHAT YOU HAVE TO SAY AT THIS TIME WHICH RELATES TO THE QUALIFICATIONS OF JUDGE JAMES E. MOORE. BEFORE YOU START, IS IT FAIR TO SAY, MRS. ANDERSON, YOUR COMPLAINT RELATES TO A LAWSUIT INVOLVING A WRECK THAT YOU WERE IN?
A YES, SIR.
Q THERE IS NO OTHER COMPLAINT OTHER THAN WITHIN THE CONFINES OF THAT LAWSUIT?
A WITHIN THE CONFINES OF THAT LAWSUIT. THE CASE IN REFERENCE IS ABLE VERSUS ANDERSON. I WANT TO FIRST APPRECIATE THE OPPORTUNITY TO COME AND RENDER THIS STATEMENT THIS MORNING. I AM MARRIED. MY HUSBAND IS EARL J. ANDERSON. HE IS ARMY RETIRED AND STATE RETIRED. I HAVE FOUR CHILDREN, THREE ADULTS AND ONE GRADUATING. ONE SON IS ON THE WAY FROM SAUDI ARABIA. I WANT TO READ TO YOU A STATEMENT BEFORE I BEGIN, AND IT'S TAKEN FROM THE CONSTITUTION OF THE UNITED STATES 1973, PAGE 1493 AND 1494 AND IT'S WRITTEN UNDER THE EQUAL PROTECTION AND RACE. I BELIEVE IT APPEARED AND IT'S QUOTED FROM STROUDER VERSUS WEST VIRGINIA. THE 14TH AMENDMENT IS ONE OF THE SERIES OF CONSTITUTIONAL PROVISIONS HAVING A COMMON PURPOSE; NAMELY, SECURING TO A RACE RECENTLY EMANCIPATED, A RACE THAT THROUGH MANY GENERATIONS HAS BEEN HELD IN SLAVERY, ALL THE CIVIL RIGHTS THAT THE SUPERIOR RACE ENJOYED. THE TRUE SPIRIT AND MEANING OF THE AMENDMENT CANNOT BE UNDERSTOOD WITHOUT KEEPING IN VIEW THE HISTORY OF WHEN THEY WERE ADOPTED AND THE GENERAL OBJECTS THEY PLAINLY SOUGHT TO ACCOMPLISH. AT THE TIME WHEN THEY WERE INCORPORATED INTO THE CONSTITUTION, IT REQUIRED LITTLE KNOWLEDGE OF HUMAN NATURE TO ANTICIPATE THAT THOSE WHO HAD LONG BEEN REGARDED AS AN INFERIOR AND SUBJECT RACE WOULD SUDDENLY BE RAISED TO THE RANK OF CITIZENSHIP BE LOOKED UPON WITH JEALOUSY AND POSITIVE DISLIKE, AND THAT STATE LAWS MIGHT BE ENACTED OR ENFORCED TO PERPETUATE THE DISTINCTIONS THAT HAVE BEFORE EXISTED. THE 14TH AMENDMENT WAS DESIGNED TO ASSURE TO THE COLORED RACE THE ENJOYMENT OF ALL CIVIL RIGHTS THAT UNDER LAW ARE ENJOYED BY THE WHITE PERSONS, AND TO GIVE TO THAT RACE THE PROTECTION OF THE GENERAL GOVERNMENT AND THAT ENJOYMENT WHENEVER IT SHOULD BE DENIED BY THE STATES. IT NOT ONLY GAVE CITIZENSHIP AND PRIVILEGES OF CITIZENSHIP TO PERSONS OF COLOR BUT IT DENIED TO ANY STATE THE POWER TO WITHHOLD FROM THEM THE EQUAL PROTECTION OF THE LAW AND AUTHORIZED CONGRESS TO ENFORCE ITS PROVISIONS BY APPROPRIATE LEGISLATION. THAT IS ONE OF THE REASONS THAT I HAVE ASKED TO BE HEARD TODAY TO GIVE A STATEMENT BECAUSE I BELIEVE I HAVE, AS EVERYBODY ELSE IN THE UNITED STATES, AN INHERENT RIGHT TO FAIR TREATMENT WITHIN THE COURTS, AND I FELT LIKE IN THIS CASE, ABLE VERSUS ANDERSON, THAT WAS NOT DONE. ANOTHER REASON I AM HERE IS BECAUSE GIVEN THE CITIZENSHIP PRIVILEGES, I HAVE THE RESPONSIBILITY TO EXERCISE THOSE RIGHTS. I HAVE THE DUTY AND OBLIGATION TO DO SO. THERE ARE TWO TERMS THAT I WANTED TO DISCUSS IN RELATION TO THIS CASE, JURISPRUDENCE, AND I UNDERSTAND JURISPRUDENCE TO MEAN JUSTICE, THE ACT BY WHICH JUSTICE IS MONITORED, IMPLEMENTED.
REPRESENTATIVE MARTIN: I HATE TO INTERRUPT, MR. CHAIRMAN, AND I AM PROBABLY THE LEAST APPROPRIATE PERSON TO SAY THIS, BUT IT APPEARS THAT WE ARE GETTING A LECTURE IN LAW. I THINK WE NEED TO GET TO THE POINT BECAUSE WE HAVE OTHER THINGS TO DO. SENATOR POPE: MRS. ANDERSON, WE DON'T WANT TO CUT YOU OFF BUT YOU HAVE TOLD US ABOUT JURISPRUDENCE AND THE CONSTITUTION BUT WE NEED TO KNOW FACTS, IF YOU COULD TRY TO DIRECT US TO FACTS.
A OKAY. ON THE LIST THAT I ENTERED THERE WAS COMPLETE ABANDONMENT OF JURISPRUDENCE IN MY OPINION. THERE WAS NO ADHERENCE TO LAWS CONCERNING THE RED LIGHT. I WAS KNOCKED OUT OF THE INTERSECTION. THE IMPACT OCCURRED ON A RED LIGHT. A WITNESS WAS THERE FOR THAT EFFECT AND IT WAS NOT CONSIDERED.
Q MRS. ANDERSON, MR. ROBERT MCKENZIE WAS REPRESENTING YOUR INSURANCE CARRIER AT THAT TRIAL?
A YES, SIR. ON THE RACIAL BIAS AND SELECTION OF THE JURY 5 BLACKS WERE STRICKEN FROM THE JURY, WHEN I BELIEVE THERE WERE 6 OUT OF 5O IN THE VENIRE.
Q I AM NOT INTERRUPTING YOU, BUT I HAVE SPENT SEVERAL HOURS READING THIS, SO I WANT TO ASK YOU AS WE GO, OPPOSING COUNSEL STRUCK 4 OUT OF 5 BLACKS AND YOU ENDED UP WITH 1 BLACK AND 11 WHITES ON YOUR JURY?
A YES, SIR.
Q AND THE POINT WAS RAISED BY MR. MCKENZIE AT YOUR REQUEST AND BY YOU THAT BATSON VERSUS KENTUCKY MIGHT APPLY TO CIVIL ACTIONS AS WELL, AND JUDGE MOORE GAVE YOU, WITH THE CONSENT OF PLAINTIFF'S COUNSEL, GAVE YOU THE OPTION OF DRAWING ANOTHER JURY?
A I DON'T KNOW HOW EXTENSIVELY YOU READ THAT, SIR, BUT THE OPTION WAS EITHER I HAD A CHOICE TO HAVE 12 WHITES OR 11 BLACKS AND 1 WHITE--I MEAN 11 WHITES AND 1 BLACK--AND AT THAT PARTICULAR TIME I DIDN'T KNOW THE DIFFERENCE IN THE TWO SINCE THEY WERE GOING TO BE A MAJORITY OF WHITES. THERE WAS NOT GOING TO BE A RACIALLY NON-BIASED JURY AT THAT TRIAL THAT DAY.
Q THE TRANSCRIPT INDICATES THAT YOU AND MR. MCKENZIE CONSENTED TO NOT DRAWING ANOTHER JURY, ISN'T THAT CORRECT?
A GIVEN THAT THE OPTION WAS TO FACE 12 WHITES, I BELIEVE IT IS.
Q GO AHEAD AND CONTINUE.
A THE NEXT NOTATION WAS THAT THE JURY WAS NOT A FAIR AND IMPARTIAL JURY. THE VERDICT REFLECTED THAT. TWO OTHER THINGS THAT I AM NOTING IS THE FRAUDULENCE IN THE CONSTRUCTS OF THE CASE, THE POSITION OF THE CAR, FAULTY BRAKES, POSITION OF THE MOVING VEHICLE, FAULTY BRAKES, THE COLOR OF THE LIGHT, AND THERE WERE OTHERS THAT ARE ALSO IN THE PACKAGE THAT I NOTED, AND THESE WERE NOT TAKEN INTO CONSIDERATION.
Q BY THE JURY OR BY THE JUDGE?
A BY THE JUDGE.
Q ISN'T IT FAIR TO SAY, MRS. ANDERSON, THERE WAS CONFLICTING TESTIMONY ABOUT THOSE BRAKES, THAT MR. ABLE SAID THEY WORKED ALL RIGHT AND THERE WAS SOME EVIDENCE THAT THEY HAD BEEN NOT WORKING PROPERLY PRIOR TO THE ACCIDENT?
A THERE WAS EVIDENCE THEY WERE NOT WORKING PROPERLY, HE HAD BEEN WARNED THEY HAD NOT BEEN WORKING PROPERLY.
Q DID YOU HAVE A JURY TRIAL?
A YES, SIR.
Q AND THE JURY FOUND FOR THE PLAINTIFF OR FOUND FOR YOU?
A FOUND FOR THE PLAINTIFF.
Q THANK YOU, MA'AM.
A THE OTHER PART YOU MIGHT OBJECT TO, BECAUSE IT'S GOING INTO WHAT I AM EXPLAINING ABOUT THE TREATMENT OF THE CASE, SO THIS IS ALL I HAVE TO SAY. I STILL UPHOLD THAT I HAD NO FAIR TRIAL IN THAT CASE.
Q THE CASE WAS APPEALED, MRS. ANDERSON?
A YES, SIR, IT WAS APPEALED, AND ASKED TO BE REMANDED BACK TO THE LOWER COURTS BY ATTORNEY WILLIAM WOODS.
Q DID THE SUPREME COURT DISMISS THE APPEAL?
A I BELIEVE IT WAS DISMISSED ON A TIMELY MATTER.
Q THANK YOU.
SENATOR POPE: WOULD THE COMMITTEE HAVE SOME QUESTIONS?
Q MRS. ANDERSON, WHO WERE YOU REPRESENTED BY IN THE PROCEEDING?
A INITIALLY THE CASE BEGAN WITH MS. SALLY WALKER REPRESENTING ME, AND THEN MR. BOB MCKENZIE REPRESENTED STATE FARM AND ME THE DAY OF THE COURT. I CONSULTED WITH HIM THE DAY OF THE TRIAL.
Q SO YOUR ATTORNEY OF RECORD WHEN THE JURY WAS SELECTED WAS WHO?
A MR. BOB MCKENZIE. I BELIEVE I WAS LISTED ON THE RECORD AS PRO SE, BUT I CONSULTED WITH MR. BOB MCKENZIE.
Q MR. MCKENZIE WAS REPRESENTING THE INSURANCE COMPANY?
A YES.
Q AS FAR AS YOU ARE CONCERNED, YOU WERE REPRESENTING YOURSELF?
A I BELIEVE IF YOU LOOK AT THE RECORDS, AND I HAVE TO CHECK THE RECORDS, I BELIEVE IT'S LISTED AS PRO SE.
Q I SAW WHERE YOU WERE PRO SE AS FAR AS APPEALING IS CONCERNED, BUT YOU APPEALED IT YOURSELF?
A YES.
Q BUT AT THAT TRIAL WHEN THIS JURY WAS SELECTED, YOU WERE REPRESENTED BY WHO?
A MR. BOB MCKENZIE.
Q NOW, DID YOU EVER BRING A GRIEVANCE OR ANYTHING AGAINST MR. MCKENZIE?
A NO, I DID NOT.
Q I HAVE NO FURTHER QUESTIONS.
SENATOR POPE: ANY OTHER COMMITTEE MEMBERS HAVE ANY QUESTIONS? (NO RESPONSE) THANK YOU, MRS. ANDERSON. I KNOW YOU SUPPLIED US WITH ALL THE DOCUMENTS. DO YOU HAVE ANY OTHER EVIDENCE TO PRESENT AT THIS TIME?
A NO, SIR.
SENATOR POPE: THANK YOU, MA'AM. JUDGE, YOU ARE WELCOME TO COME BACK.
A MRS. ANDERSON, GENTLEMEN, IS OBVIOUSLY UNHAPPY WITH THE RESULT OF THE TRIAL. I RECALL IT WELL. MRS. ANDERSON WAS SUED BY THE PLAINTIFF, MR. ABLE. SHE COUNTERCLAIMED THROUGH ATTORNEY SALLY WALKER. MS. WALKER WAS LATER DISMISSED AS AN ATTORNEY. MR. MCKENZIE REPRESENTED THE INSURANCE CARRIER OF MRS. ANDERSON. ATTORNEY BILL ABLE REPRESENTED THE PLAINTIFF, HIS SON. MR. BILL WOODS REPRESENTED THE CARRIER OF MR. ABLE. THERE WERE THREE ATTORNEYS THERE WHEN THE ISSUE WAS RAISED CONCERNING THE APPLICABILITY OF BATSON V. KENTUCKY TO CIVIL TRIALS. AT THAT TIME IT HAD NOT BEEN MADE APPLICABLE. THE SOUTH CAROLINA APPELLATE COURT HAD NOT MADE IT APPLICABLE. AS YOU RECALL IT WAS LATER RULED APPLICABLE AND THEN THE SUPREME COURT LATER RULED IT WAS INAPPLICABLE. WHEN IT WAS RAISED THERE WAS MUCH DISCUSSION, AS THE RECORD WILL REVEAL. THE PLAINTIFFS AGREED TO REDRAW THE JURY PURSUANT TO THE PROCEDURE IN BATSON V. KENTUCKY. THAT WAS EXPLAINED IN DETAIL TO MRS. ANDERSON, AND AFTER CONSULTING WITH MR. MCKENZIE SHE AGREED TO GO FORWARD WITH THAT JURY. I THINK THE TRANSCRIPT WILL REVEAL, GENTLEMEN, THERE WERE NO IMPROPRIETIES ON MY PART AND THAT THE TRIAL WAS CONDUCTED IN A FAIR MANNER. I AM SORRY SHE IS UNHAPPY WITH THE RESULT. THE RESULT WAS THE VERDICT FOR THE PLAINTIFF AROUND TWO THOUSAND, FIVE OR SIX HUNDRED DOLLARS BEING THE DAMAGE TO THE VEHICLE. I DID ASK, GENTLEMEN, MR. WOODS, MR. ABLE AND MR. MCKENZIE TO BE PRESENT THIS MORNING. AS I SAY, THEY WERE THE LAWYERS IN THE TRIAL AND WOULD BE GLAD, I AM SURE, TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. I SIMPLY ASKED THEM TO BE HERE, NOT TO MAKE ANY STATEMENT, BUT IN VIEW OF THE FACT THAT WE WERE UNCERTAIN EXACTLY WHAT WAS GOING TO BE SAID, I WANTED THE PARTICIPANTS IN THAT TRIAL TO BE PRESENT. SO, THEY ARE HERE FOR ANY QUESTIONS YOU MAY HAVE.
Q JUDGE, I NOTICE IN THE TRANSCRIPT MRS. ANDERSON TECHNICALLY HAD COUNSEL, AT LEAST THAT IS THE COMPLAINT, MR. MCKENZIE, AND HE WAS PROTECTING HER, AND ALSO WHEN YOU QUESTIONED HER, YOU MADE SURE THAT ANY DECISION THAT WAS MADE WAS HER DECISION, DID YOU NOT?
A NO QUESTION ABOUT IT, AS WE ATTEMPT TO DO IN EVERY CASE WHERE A PERSON REPRESENTS HIMSELF OR HERSELF, AND THE TRANSCRIPT REVEALS THAT, YES, SIR.
Q AND SHE DID DECLINE TO REDRAW THE JURY EVEN THOUGH THAT OPTION WAS MADE AVAILABLE?
A THE PLAINTIFF CONSENTED, RATHER THAN RISK THE ISSUE ON APPEAL, CONSENTED TO A REDRAW OF THE JURY, AND ALL PERSONS CONSENTED TO GO FORWARD. THERE WERE 5 BLACKS ON THE JURY VENIRE, ONLY 6 OUT OF THE APPROXIMATELY 5O.
Q WAS THE VENIRE DIVIDED IN TWO PANELS OR WAS THE CASE AFTER THE JURY WAS DRAWN THAT---
A EVERYONE WAS OUT OF THE COURTROOM. THE JURY THAT WAS SELECTED WAS PLACED AS I RECALL IN THE JURYROOM. THE OTHER JURORS WERE OUTSIDE OF THE COURTROOM WHILE THIS WAS BEING DISCUSSED.
Q AND THE OPTION WAS AFTER THAT GROUP WAS IMPANELED THE REMAINDER OF THE JURY VENIRE WAS OUT OF THE COURTROOM AFTER THE STRIKES THAT WERE EXERCISED IN THE FIRST CASE OF THE ONE JUROR THAT SAT, AND THERE WEREN'T ANY BLACKS LEFT FROM THE REST OF THIS VENIRE, IS THAT CORRECT?
A THE 20 NAMES WERE DRAWN FROM THE VENIRE. AFTER THE STRIKING, THE 12 JURORS, AS I RECALL, WERE PLACED IN THE JURYROOM. THE JURORS THAT WERE STRUCK, ALONG WITH THE OTHER JURORS WHO WERE NOT DRAWN, WERE ASKED TO LEAVE THE COURTROOM WHILE THE COURT DISCUSSED THE MOTION. THE PROCEDURE UNDER BATSON V. KENTUCKY, OF COURSE, IS THAT YOU CAN EITHER ELIMINATE THE JURORS THAT WERE SELECTED OR YOU CAN PUT THEM ALL BACK INTO A POOL AND HAVE A COMPLETE REDRAWING.
Q AT THE END OF THE TRIAL DID YOU HAVE ANY MOTIONS FOR THE JUDGMENT TO BE SET ASIDE?
A YES, SIR. HAD THE NORMAL POST TRIAL MOTIONS THAT WERE DENIED, AND THE COURT COMMENTED AT THE END OF THE TRIAL AFTER THOSE MOTIONS THAT THE EVIDENCE WAS IN CONFLICT. THERE WAS A DISPUTE ABOUT THE DAMAGES SUSTAINED BY BOTH LITIGANTS, AND THE COURT WAS OF THE OPINION THAT THE ISSUES WERE PROPERLY SUBMITTED TO THE JURY AND IT WAS A JURY QUESTION AND THE MOTIONS WERE DENIED.
Q JUDGE, WHAT WAS THE AMOUNT OF THE JUDGMENT, DO YOU RECALL?
A THE ATTORNEYS I AM SURE CAN TELL YOU THE EXACT AMOUNT. AS I RECALL, IT WAS 2500 OR 2600, IN THAT AREA.
Q AND SHE HAD COVERAGE, DID SHE NOT?
A WE HAD TWO INSURANCE COMPANY'S LAWYERS THERE. ONE REPRESENTING HER AND THE OTHER MR. ABLE.
SENATOR POPE: WOULD YOU WANT US TO HEAR FROM ANY ONE OF THE LAWYERS PRESENT?
A I SIMPLY ASKED THEM TO BE HERE IN CASE YOU HAD ANY QUESTIONS CONCERNING THE TRIAL SINCE THAT WAS THE COMPLAINT THAT WAS FILED, AND I THOUGHT IT WOULD BE BETTER TO COME FROM THE PARTICIPANTS THAN ME.
SENATOR POPE: IF IT'S ALL RIGHT WITH YOU, I MIGHT ASK MR. MCKENZIE TO STEP FORWARD.
STATE YOUR FULL NAME.
A ROBERT A. MCKENZIE.
ROBERT A. MCKENZIE, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q OF COURSE, YOU HAVE BEEN PRACTICING LAW FOR A NUMBER OF YEARS IN COLUMBIA?
A TWENTY-FIVE.
Q I HAVE SEEN YOU TOO MANY TIMES MYSELF. PLEASE TELL US BRIEFLY IF YOU WOULD, WHAT YOU OBSERVED ABOUT THIS.
A I WAS RETAINED BY STATE FARM INSURANCE TO REPRESENT MRS. ANDERSON. I REPRESENTED MRS. ANDERSON IN THE TRIAL OF THE CASE. MRS. ANDERSON HAD A PERSONAL LAWYER WHEN I FIRST BECAME INVOLVED IN IT. THAT PERSONAL LAWYER WAS SALLY WALKER, WHO IS ALSO FROM COLUMBIA. AT SOME POINT IN TIME, AND I DON'T KNOW ANY OF THOSE DETAILS, MRS. WALKER AND MRS. ANDERSON PARTED COMPANY AND MRS. ANDERSON DECIDED TO PROCEED PRO SE TO PRESENT HER OWN CASE. I DID APPEAR AT THE TRIAL, HAD A CONFERENCE WITH MRS. ANDERSON, AND ENDED UP I TRIED ALL OF THE CASE INCLUDING HER CASE FOR DAMAGES IN THAT PARTICULAR TRIAL. WITH REGARD TO THE DRAWING OF THE JURY, THE VENIRE, AS FAR AS I KNEW, WAS PROPERLY CONSTITUTED. THERE WEREN'T THAT MANY BLACKS ON IT. THERE WERE SOME BLACKS THAT WERE ON THE PANEL AS MY RECOLLECTION KNEW MRS. ANDERSON AND DISQUALIFIED THEMSELVES. I KNOW OF ONE INSTANCE AT LEAST THAT OCCURRED. WHEN WE DREW THE JURY, OUT OF THE BETWEEN 5O AND 60 JURORS, THERE WERE 6 BLACKS THAT COULD HAVE SERVED ON HER JURY. OUT OF THE STRIKE SHEET OF 20 NAMES, 5 OF THOSE NAMES WERE BLACK. SO WE GOT MATHEMATICALLY AS GOOD A DRAW AS WE COULD POSSIBLY GET AT THAT PARTICULAR TIME INSOFAR AS RACIAL MAKEUP OF THE JURY IS CONCERNED. THE PLAINTIFFS DID STRIKE 4 BLACKS, WHICH LEFT 1 ON THE JURY PANEL. I WAS AWARE THAT THE 11TH CIRCUIT COURT OF APPEALS HAD APPLIED BATSON IN A CIVIL CASE, AND WHEN THE JURY HAD BEEN DRAWN, I ASKED THE JUDGE TO HEAR OUR MOTION AND WE MADE A BATSON MOTION WHICH HE TOOK UNDER ADVISEMENT. AT SOME POINT IN TIME THE PLAINTIFF'S ATTORNEYS INITIALLY WERE GIVEN THE REASONS WHY THEY HAD STRUCK THE BLACK JURORS, AND I THINK AT SOME POINT WE REALIZED MATHEMATICALLY WE MIGHT AS WELL AGREE TO IT, BECAUSE IF WE DREW ANOTHER JURY, THE ODDS WERE THAT WE WOULD NOT GET 5 BLACKS ON THE STRIKE SHEET. SO, WE WERE SORT OF LEFT WITH A HOBSON'S CHOICE. WE DIDN'T HAVE A GOOD CHOICE TO MAKE. THAT WAS EXPLAINED TO MRS. ANDERSON, AND ACTUALLY THE JURY THAT WE DREW WAS AS GOOD A JURY FROM THE STANDPOINT OF RACIAL MAKEUP AS WE COULD POSSIBLY EXPECT TO GET FROM A VENIRE OF 6 BLACKS.
Q SHE MADE A KNOWING CHOICE IN YOUR MIND TO ACCEPT THE JURY RATHER THAN RISK HAVING ANOTHER JURY IN WHICH THERE WERE NO BLACKS PERHAPS?
A SHE AND I DISCUSSED IT, AND IT WAS DISCUSSED ON THE RECORD, AND SHE UNDERSTOOD IN MY JUDGMENT WHAT HER CHOICES WERE AND WHAT THE RESULTS WERE LIKELY TO BE IF WE TOOK ANOTHER JURY, AND SHE DECIDED TO GO WITH THE JURY WHICH WE HAD DRAWN.
Q AND REGARDING THE OTHER ASPECTS OF HER COMPLAINT HERE TODAY, DO YOU FEEL LIKE THIS WAS A COMPLETELY FAIR TRIAL THAT WAS RECEIVED?
A I TRIED IT AS HARD AS I COULD. SOME OF THE PEOPLE IN THE COURTROOM WHILE THE JURY WERE OUT TOLD ME THEY THOUGHT WE WERE GOING TO WIN THAT CASE. I THOUGHT WE HAD AN EXCELLENT SHOT AT WINNING IT. WE HAD AN EYEWITNESS WHO WAS FAVORABLE TO MRS. ANDERSON WHO WAS WHITE, AND JUDGE MOORE WAS EXTREMELY FAIR TO US IN THAT TRIAL, AND MRS. ANDERSON HAD NOT GIVEN ME HER INFORMATION TO PRESENT HER DAMAGE CASE, AND WE FINISHED EVERYTHING BUT HER DAMAGE CASE ABOUT MID-AFTERNOON THE FIRST DAY OF THE TRIAL AND JUDGE MOORE BROKE AND GAVE ME TIME TO GO HOME THAT NIGHT AND TAKE ALL OF HER DAMAGE INFORMATION AND TRY TO COMPILE IT AND PUT IT IN ORDER SO I COULD PRESENT IT IN A REASONABLE FASHION TO THE JURY.
Q WAS THAT IN DEFERENCE TO HER STATUS AS A PRO SE LITIGANT ON THE COUNTERCLAIM?
A THAT WAS MY UNDERSTANDING. AT THAT POINT I DON'T THINK, IN FAIRNESS TO MRS. ANDERSON, THAT SHE COMPLETELY KNEW WHAT I WAS DOING OR WHY I WAS THERE OR WHETHER I WAS GOING TO ACTUALLY REPRESENT HER COMPLETELY IN THAT TRIAL. AFTER I HAD CROSS-EXAMINED A WITNESS OR TWO I THINK SHE UNDERSTOOD THAT I WAS ON HER SIDE AND THAT I WAS GOING TO PRESENT HER CASE, AND SO JUDGE MOORE BEFORE WE GOT STARTED IN THE TRIAL AGREED, AND MRS. ANDERSON UNDERSTOOD, AND I UNDERSTAND, THAT SINCE SHE WAS PROCEEDING PRO SE, THAT I WOULD TAKE THE WITNESS, CROSS-EXAMINE THE WITNESS, DO EVERYTHING I WANTED TO DO AND THEN MRS. ANDERSON WOULD HAVE A CHANCE IF SHE WANTED TO, THROUGH ME OR PERSONALLY, EXAMINE THOSE WITNESSES HERSELF. AFTER I EXAMINED THEM, SHE DID NOT, OR SHE DECLINED TO EXAMINE ANY OF THE WITNESSES. I THINK SHE FELT THAT I HAD DONE A SUFFICIENTLY GOOD ENOUGH JOB SHE DID NOT NEED TO DO THAT, AND JUDGE MOORE DID GIVE US TIME TO PREPARE HER CASE FOR DAMAGES, AND THE NEXT DAY WE DID PRESENT THEM, AND THERE WAS CONFLICTING TESTIMONY AND THE JURY DECIDED THE CASE ADVERSELY TO US. I DID NOT AGREE WITH WHAT THE JURY DECIDED, BUT I DIDN'T---
Q THAT IS NOT THE FIRST TIME THAT HAS HAPPENED, IS IT? ALTHOUGH, I AM SURE THAT DOESN'T HAPPEN MUCH TO YOU.
A NO, IT HAPPENS QUITE OFTEN, BUT I DID NOT FEEL THAT THERE WERE SUFFICIENT GROUNDS FOR APPEAL AND I DID NOT FEEL THAT WE HAD AN APPEAL ISSUE ON THE SELECTION OF THE JURY.
SENATOR POPE: DOES THE COMMITTEE HAVE ANY QUESTIONS OF MR. MCKENZIE? (NO RESPONSE.) THANKS, BOB. I WOULD ASK THE COMMITTEE FIRST, WOULD YOU CHOOSE TO HEAR FROM MR. ABLE OR MR. WOODS?
REPRESENTATIVE HODGES: I DON'T CARE TO.
SENATOR POPE: I DON'T. JUDGE, WOULD YOU LIKE TO RESPOND IN ANY WAY AT THIS TIME? I THINK YOU HAVE COVERED IT, BUT IF YOU WOULD LIKE.
JUDGE MOORE: NONE OTHER THAN TO THE EXTENT THAT I HAVE RESPONDED. IF THERE ARE ANY OTHER QUESTIONS, I WILL BE HAPPY TO ANSWER THEM.
SENATOR POPE: DOES ANYONE HAVE ANY FURTHER QUESTIONS OF JUDGE MOORE? (NO RESPONSE.) THANK YOU, JUDGE. WE WILL PROCEED NEXT TO CURTIS G. SHAW. AS WE CONCLUDE, PEOPLE ARE FREE TO LEAVE. THANK YOU ALL FOR COMING. PLEASE STATE YOUR NAME FOR THE RECORD.
A CURTIS G. SHAW.
CURTIS G. SHAW, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q JUDGE SHAW, YOU WERE LAST SCREENED I BELIEVE IN FEBRUARY OF '87?
A THAT'S CORRECT.
Q AND YOU REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES.
Q IS IT ACCURATE AND CORRECT?
A YES, SIR.
Q YOU HAVE NO OBJECTION TO US INCLUDING IT IN THE RECORD?
A NO, SIR.
1. Curtis G. Shaw
Home Address: Business Address:
139 Amherst Drive P. O. Box 125
Greenwood, SC 29649 Greenwood, SC 29648
2. He was born in Greenwood, South Carolina, on July 8, 1933. He is presently 57 years old.
Social Security Number: ***-**-*****
4. He was married to Bobby June Gambrell on June 7, 1959. He has two children: Mary Van Shaw, age 26 (Probation Officer), and Dana Shaw McCravy, age 30 (Teacher).
5. Military Service: August 14, 1953 to May 25, 1955; Army Engineers; Corporal; US 53 202 522; Honorable Discharge
6. He attended Clemson University, June 1951 to May 1953 (no degree, went into military service); the University of South Carolina, B.S., 1960; and Mercer University Law School, J.D., 1965.
8. Legal/Judicial education during the past five years:
He has attended seminars as outlined by the South Carolina Continuing Legal Education Commission as required for all judges.
9. Courses taught or lectures given: January 1991 - Lectured on arbitration at Law School Association luncheon; has spoken to South Carolina Bar Association on several occasions on Family Court matters and workers' compensation; in 1987 lectured on appellate advocacy at the law school
12. Legal experience since graduation from law school:
General Practice 1966-1970
Probate Judge, Master 1971-1977
Family Court Judge 1977-1983
Appeals Court Judge 1983-
20. Judicial Office:
Chief Judge, Eighth Judicial Circuit Family Court, 1977-1983
Appeals Court Judge, 1983-present
Judicial Standards Commission, appointed in 1982 to present
22. Public Office: Greenwood City Council (two terms), 1967-1970, elected
33. His health is excellent. His last physical was in March of 1991 by Dr. Kenneth Stokes.
39. Bar Associations and Professional Organizations:
Greenwood County Bar; South Carolina Bar; American Bar
40. Civic, charitable, religious, educational, social and fraternal organizations:
First Baptist Church; Mensa; Greenwood Country Club; Summit Club; Palmetto Golf Club
42. Five (5) letters of recommendation:
(a) William G. Stevens, President
Greenwood National Bank
P. O. Box 218, Greenwood, SC 29648
(b) Marvin R. Watson, Esquire
P. O. Drawer 799, Greenwood, SC 29648-0799
(c) Judson F. Ayers, Esquire
P. O. Drawer 1268, Greenwood, SC 29648
(d) W. H. Nicholson, III, Esquire
P. O. Box 457, Greenwood, SC 29648
(e) G. William Thomason, Esquire
P. O. Box 1115, Greenwood, SC 29648
Q JUDGE, THE COMMITTEE HAS CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND THEY REPORTED NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. LIKEWISE, THE JUDICIAL STANDARDS COMMITTEE HAD NO RECORD OF ANY REPRIMANDS. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE LAW ENFORCEMENT AGENCY RECORDS OF GREENWOOD COUNTY SHERIFF'S OFFICE, GREENWOOD CITY POLICE DEPARTMENT, SLED AND F.B.I. ARE ALL NEGATIVE, AND THE JUDGMENT ROLLS OF THE GREENWOOD COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS INCLUDE NO JUDGMENT AGAINST YOU, AND I BELIEVE YOU WERE NAMED AS A DEFENDANT WITH ONE CASE IN YOUR JUDICIAL CAPACITY. THAT WAS DISMISSED I SUPPOSE?
A WITHOUT PAPERS BEING SERVED.
Q THAT WAS ONE IN WHICH THE ENTIRE COURT WAS ALL NAMED AS DEFENDANTS?
A YES.
Q JUDGE, YOUR HEALTH IS REPORTED TO BE VERY GOOD?
A EXCELLENT.
Q AND THE STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST AND OBLIGATIONS, AND YOUR FINANCIAL DOCUMENTS, NET WORTH STATEMENT AND CREDIT REPORTS ARE SATISFACTORY. WE RECEIVED NO COMPLAINTS OR WITNESSES THAT HAVE DESIRED TO BE PRESENT. DOES THE COMMITTEE HAVE ANY QUESTIONS OF JUDGE SHAW? (NO RESPONSE.) DO YOU HAVE ANY COMMENT OR STATEMENT YOU WOULD LIKE TO MAKE?
A NO.
SENATOR POPE: THANKS A LOT. THAT IS ALL WE HAVE. JUDGE WALLER. STATE YOUR FULL NAME.
Q JOHN HENRY WALLER, JR.
JOHN HENRY WALLER, JR., FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q JUDGE, YOUR LAST SCREENING WAS MARCH OF '88 I BELIEVE?
A SOUNDS ABOUT RIGHT.
Q AND YOU HAVE REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES.
Q AND IT'S CORRECT?
A AS FAR AS I KNOW IT'S CORRECT.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD?
A NONE WHATSOEVER.
1. John H. Waller, Jr.
Home Address: Business Address:
202 Meadowview Lane P. O. Box 1059
Mullins, SC 29574 Marion, SC 29571
2. He was born in Marion County on October 31, 1937. He is presently 53 years old.
Social Security Number: ***-**-*****
4. He was married to Debra Meares on May 9, 1981. He has four children: John Henry, III, age 22 (student); Melissa McLaurin, age 19 (student); Ryan Meares, age 7; and Rand Ellis, age 1.
5. Military Service: December 1959 - June 1960; Active Duty; Army (Armor); Discharged as a Captain; 05308230; Discharged; Honorable
6. He attended Wofford College, 1955-1959, Psychology, BA, and the University of South Carolina School of Law, 1960-1963, LLB, Juris Doctor.
7. At Wofford University he was a member of the Kappa Sigmu Fraternity, 1955-1959; a fraternity officer, 1958-1959; Class Officer, 1956-1957. He was Social Chairman, 1958-1959, in law school.
8. Legal/Judicial education during the past five years:
Judicial College Reno (Spring 1985)
Attended mandatory JCLE's as required
9. Courses taught or lectures given: Two years ago to law clerks about "What is Expected of a Judge's Clerk"
12. Legal experience since graduation from law school:
He went immediately into private practice as a sole practitioner in 1963. He practiced alone until 1976, then took in an associate. He practiced until 1980 when he was elected to the Circuit Bench. His practice consisted of all types of work (criminal, civil, domestic, property) with over 60% of it being in criminal and civil trial work.
20. Judicial Office: He was elected to the Circuit Bench in 1980 until the present.
21. Five (5) of the Most Significant Orders or Opinions You Have Written:
(a) James M. Holloway, Lota G. Payne, et al. vs. Duke Power Company, Greenwood County
(b) Carolina Production Credit Association vs. Colonel R. Rogers, et al.
(c) Nathan Swinton, et al. vs. Chubb & Son, Inc.
320 SE2d 495, 283 SC 11
(d) Mohasco Corporation, et al. vs. Twin City Fire Ins. Co.
357 SE2d 249, 289 SC 130
(e) Spanish Wells Property Owners Assoc., Inc. vs. Board of Adjustment of the Town of Hilton Head Island, S.C.
367 SE2d 160, 295 SC 67
22. Public Office: South Carolina House of Representatives, 1967-1976, and South Carolina State Senate, 1977-1980, elected to these offices
24. Any Occupation, Business or Profession Other Than the Practice of Law: He owns rental property and has a farming interest.
25. Officer or Director: He is an officer in a closed corporation owned by he and one other person involving farming.
27. Financial Arrangement or Business Relationships: He knows of none but if any did exist, he would disqualify himself from hearing it.
28. He was charged $50.00 for a game violation in approximately 1971.
31. Sued: He has been sued only as a member of the Marion Legislative Delegation while serving in that capacity.
33. His health is good. His last physical was in 1990 by Dr. D. Glen Askins, Marion, South Carolina.
34. Hospitalized in the Past Ten Years: He has been hospitalized for back problems. He was treated by Dr. D. Glen Askins, Marion, South Carolina.
35. He was born with a "lazy eye." It is the right eye.
39. Bar Associations and Professional Organizations:
South Carolina Bar and Marion County Bar
40. Civic, charitable, religious, educational, social and fraternal organizations:
Masons, Shriners, Wildlife Action, Board of Macedonia Methodist Church
41. He has been a Circuit Judge for over ten years and feels that every circuit he has been in can attest to his judicial temperament, his handling of the Court and his ability to work with the jury.
42. Five (5) letters of recommendation:
(a) W. Frank Jones, Chairman and President
Davis National Bank
P. O. Drawer 843, Mullins, SC 29574-0843
(b) Haigh Porter, Esquire
P. O. Box 4337, Florence, SC 29502-1337
(c) Eugene A. Fallon, Jr., Esquire
P. O. Box 4001, Florence, SC 29502
(d) J. N. McLendon, Esquire
P. O. Box 1096, Marion, SC 29571
(e) Cyrus T. Sloan, III, Esquire
P. O. Box 1096, Marion, SC 29571
Q THE BOARD OF COMMISSIONERS ON GRIEVANCES HAS REPORTED NO COMPLAINTS OR CHARGES OF ANY KIND AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION REPORTS NO RECORD OF REPRIMANDS. HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE LAW ENFORCEMENT AGENCY RECORDS FROM MARION COUNTY SHERIFF'S OFFICE, MARION AND MULLINS CITY POLICE DEPARTMENT, SLED AND F.B.I. ARE NEGATIVE. THE JUDGMENT ROLLS OF MARION COUNTY ARE NEGATIVE. FEDERAL COURT RECORDS SHOW NO JUDGMENTS AGAINST YOU. YOU HAVE BEEN NAMED AS A DEFENDANT IN TWO CIVIL ACTIONS?
A YES.
Q WHAT ARE THE NATURE OF THOSE?
A I REALLY DON'T KNOW, BUT AS I LOOK DOWN I WAS IN PRETTY GOOD COMPANY. THE FIRST ONE WAS TIMMONS VERSUS CARMICHAEL. THIS IS WHAT YOU WERE TALKING ABOUT?
Q YES, SIR.
A I SEE THAT IT WAS DISMISSED BY JUDGE WILKINS. I WAS SUED ALONG WITH GOVERNORS MCNAIR, WEST AND RILEY. I DON'T RECALL WHAT IT WAS ABOUT.
Q THAT WAS DISMISSED TEN YEARS AGO?
A THIS WAS THE ENTIRE LEGISLATURE WAS SUED, SO NO WONDER I DON'T REMEMBER IT.
Q IT'S A LOT OF PEOPLE. AND THE OTHER SUIT WAS AGAINST YOU AND THE COMMISSIONER OF CORRECTIONS I BELIEVE?
A YES, SIR.
Q THAT WAS DISMISSED ABOUT SIX YEARS AGO?
A I DON'T RECALL THAT EITHER, MR. CHAIRMAN. IT WAS DISMISSED AS INDICATED.
Q YOUR HEALTH IS GOOD, JUDGE?
A AS FAR AS I KNOW.
Q YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS.
A I KNOW OF NONE.
Q WE HAVE REVIEWED THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS WHICH ARE SATISFACTORY. THERE HAVE BEEN NO COMPLAINTS OR STATEMENTS RECEIVED AND NO WITNESSES HAVE INDICATED A DESIRE TO BE PRESENT TO TESTIFY TODAY. DOES THE COMMITTEE HAVE ANY QUESTIONS OF JUDGE WALLER?
Q WHAT IS A LAZY EYE?
A I WAS BORN WITH WHAT THEY CALL A LAZY EYE. THEY TOLD ME TO TELL PEOPLE IT WAS HYPERTROPIA, BUT WHAT IT AMOUNTS TO IS A LAZY EYE. IN THE BACK OF MY RIGHT EYE THERE IS A LITTLE PINPOINT THING THAT NEVER DEVELOPED, AND WHEN IT DIDN'T DEVELOP, THEN I NEVER COULD GET ANY BETTER THAN 20/80 VISION IN THAT EYE. SO THAT IS WHAT A LAZY EYE IS.
Q THAT HAS NOTHING TO DO WITH YOUR CAPACITY TO JUDGE?
A NO.
SENATOR POPE: DO YOU HAVE ANY ADDITIONAL COMMENTS OR STATEMENTS?
A I HAVE NONE. I WILL ANSWER ANY OTHER QUESTIONS THAT YOU ALL MIGHT HAVE.
SENATOR POPE: THANK YOU. THE NEXT POSITION WE WILL BE SCREENING FOR IS THE CIRCUIT COURT JUDGESHIP OF THE FOURTH JUDICIAL CIRCUIT. THE FIRST APPLICANT ALPHABETICALLY IS MR. PAUL M. BURCH. WE WILL FOLLOW THE SAME PROCEDURES THAT WE DID IN THE OTHER CONTESTED CASE AND PROCEED AND THEN HEAR THE COMPLAINT AND THEN GIVE YOU ALL THE TIME THAT YOU WOULD REQUIRE TO RESPOND. IF YOU WOULD PLEASE STATE YOUR FULL NAME.
A PAUL MICHAEL BURCH.
PAUL M. BURCH, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q MR. BURCH, YOU HAVE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES, I HAVE.
Q IS IT ACCURATE AND CORRECT?
A YES, SIR.
Q YOU DON'T NEED TO MAKE ANY QUALIFICATIONS OR CHANGES?
A NO, SIR.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD?
A NO, SIR.
1. Paul Michael Burch
Home Address: Business Address:
P. O. Box 276 P. O. Box 276
Pageland, SC 29728 128 North Pearl Street
Pageland, SC 29728
2. He was born in Charlotte, North Carolina, on February 10, 1954. He is presently 37 years old.
Social Security Number: ***-**-*****
4. He was married to Kimberly Lee Thomas on August 1, 1976. He has three children: Kendall Renee, age 8; Ashley Lee, age 5; and Paul Michael, Jr., age 11 months.
5. Military Service: None
6. He attended the University of South Carolina-Lancaster, 1972-1974, Associate in Science in Criminal Justice; the University of South Carolina, 1974-1976, Bachelor of General Studies; the University of South Carolina, 1976-1978, Master of Criminal Justice; Samford University Cumberland School of Law, 1977-1978, transferred to the University of South Carolina School of Law; and the University of South Carolina School of Law, 1978-1980, Juris Doctorate.
7. He was employed in law enforcement during his undergraduate studies (1972-1976). He was also employed as a part-time criminal justice instructor by the University of South Carolina from 1978 until 1980.
8. Legal/Judicial education during the past five years:
1986 9 hours Municipal Association, Tort Liability and Civil Trial Advocacy
1987 12.5 hours Municipal Attorney's Update and Defending D.U.I.
1988 16 hours National Rural Electric Cooperative Legal Seminar
1989 10 hours South Carolina Department of Social Services Seminar and Municipal Attorney's Seminar
1990 21.75 hours Municipal Attorney's Seminar, Trial Lawyers Update, and National Conference of State Legislatures Seminar
9. Courses taught or lectures given:
He has taught the following undergraduate level courses for the University of South Carolina over a 13-year period:
Business Law; Criminal Law and Procedure; Police Administration; Introduction to Criminal Justice; Criminal Investigation; and Seminar in Criminal Justice
12. Legal experience since graduation from law school:
He has been engaged in the general practice of law as a sole practitioner in Pageland, South Carolina since November 12, 1980. His practice has included civil litigation, criminal defense, criminal prosecution, domestic, social security and real estate matters.
14. Frequency of appearances in court:
Federal - 10
State - 1,275
Other - 625
15. Percentage of litigation:
Civil - 30%
Criminal - 35%
Domestic - 35%
16. Percentage of cases in trial courts:
Jury - 20%
Non-jury - 80%
Sole Counsel
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Hazel S. Mills v. K-Mart Corporation, (88-2482-2). This case was significant to him in that the federal court judge ruled that the failure of defendant's employee to summons medical assistance for the plaintiff, who was injured by defendant's employee, was not admissible as evidence.
(b) The State v. James Bryant Carpenter, (1981 General Sessions). This case was significant in that this was his first jury trial in Circuit Court, and he lost. It involved a charge of second offense driving under the influence.
(c) Minnie B. McMillian v. South Carolina Department of Highways and Town of Pageland, (86-CP-13-119). This was a right-of-way condemnation matter which took almost two days to try. It was significant to him in that the jury came back with a verdict for $105.00. He was representing the defendants.
(d) Oleen D. Smothers v. Ernest S. Smothers, (86-DR-13-124). This was a hotly contested divorce and property settlement action which was eventually appealed as a result of the Federal Bankruptcy Court discharging the Court ordered property settlement.
(e) Town of Pageland v. Clarence P. Jordan, (82-CP-13-211). This case was significant to him in that it involved equitable and injunctive relief. The case was complex in nature, because it involved an encroachment of an airport approach right-of-way.
18. Five (5) civil appeals:
Not being an appellate attorney, he can only recall two civil type matters which he appealed or was involved in the appeal.
(a) Oleen D. Smothers v. Ernest S. Smothers, (86-DR-13-124). This matter was appealed to the South Carolina Supreme Court but was settled before reaching oral argument.
(b) Alvin A. Leaird v. Margaret M. Heckler, Secretary of Health and Human Services, (C/A No. 4:84-2967:6H). This was a Social Security disability matter. The decision of the Administrative Law Judge was appealed to the Federal District Court.
19. Five (5) criminal appeals:
(a) The State v. Tony Lee Blackwell, (84-155). D.U.I. case which was appealed from the Magistrate's Court to the Circuit Court.
(b) The State v. Larry Glenn Thomas, (88-CP-13-144). D.U.I. case which was appealed from the Municipal Court to the Circuit Court.
(c) The State v. David Franklin Hill, (89-CP-13-002). D.U.I. case which was appealed from the Municipal Court to the Circuit Court.
(d) The State v. James Rickey Knight, (86-CP-13-065). D.U.I. case which was appealed from the Municipal Court to the Circuit Court.
(e) The State v. Johnny Richard Lynn, et al., (84-CP-13-262). Disorderly Conduct case which was appealed from the Municipal Court to the Circuit Court.
20. Judicial Office:
None other than appointment as a Special Referee in foreclosure and property matters
22. Public Office:
Chesterfield County Council (elected), 1983-1988, Vice-Chairman, 1987-1988
South Carolina House of Representatives District #51 (elected), 1988-present
23. Unsuccessful Candidate:
South Carolina House of Representatives, 1976
South Carolina House of Representatives, 1978
24. Any Occupation, Business or Profession Other Than the Practice of Law: He was employed by the Pageland Police Department, 1970-1976; Radio Dispatcher, 1970; Patrolman, 1971-1972; Sergeant, 1973; and Assistant Chief, 1974-1976
31. Sued:
While serving on the Chesterfield County Council, he was named as a defendant in a civil suit which arose out of an accident between a county ambulance and a private automobile. This matter was settled.
In 1990, while serving in the South Carolina House of Representatives, he was also named as a defendant in a Federal Civil Action between the NAACP and the Kershaw County School Board. He was eventually dropped as a defendant.
33. His health is good. His last physical was March 9, 1987, by Dr. Joseph J. King, 701 East Roosevelt Boulevard, Monroe, North Carolina 28110.
39. Bar Associations and Professional Organizations:
South Carolina Bar Association and Chesterfield County Bar Association
40. Civic, charitable, religious, educational, social and fraternal organizations:
Member, Pageland United Methodist Church (at-large member of Administrative Board and past Chairman of Board and Board of Trustees); Mt. Moriah Masonic Lodge #58 (P. Master); Jamil Shrine Temple; Sandhill Shrine Club; Sandhill Ducks Unlimited (Past Chairman); Pageland Lions Club; and Chesterfield County Hospice.
41. He is a lifelong resident of South Carolina. After having served the past nine years as an elected official, he sincerely hopes that he has the public's trust and confidence to hold judicial office.
42. Five (5) letters of recommendation:
(a) Sarah A. Decker, Assistant Vice President
South Carolina National Bank
P. O. Box 366, Pageland, SC 29728
(b) E. R. "Rusty" Talbert, Jr., Town Administrator
Town of Pageland
126 North Pearl Street, Pageland, SC 29728
(c) Earl L. Belcher, Jr., General Manager
Lynches River Electric Cooperative, Inc.
P. O. Box 308, Pageland, SC 29728
(d) Robert A. Hall, Jr.
Pageland United Methodist Church
P. O. Box 25, Pageland, SC 29728
(e) Ronald S. Shoaf, Vice President
C. M. Tucker Lumber
P. O. Box 7601, Pageland, SC 29728
Q IT WILL BE DONE. WE HAVE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND NO COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE RECORDS OF THE LAW ENFORCEMENT AGENCIES ARE NEGATIVE AS TO CHESTERFIELD COUNTY SHERIFF'S DEPARTMENT, PAGELAND CITY POLICE, SLED AND F.B.I. THE JUDGMENT ROLLS OF CHESTERFIELD COUNTY ARE NEGATIVE. THE FEDERAL COURT RECORDS WERE CHECKED AND THERE ARE NO JUDGMENTS AGAINST YOU. I BELIEVE THERE IS A CIVIL ACTION INVOLVING A CIVIL RIGHTS CASE THAT YOU WERE NAMED AS A DEFENDANT. WHAT DID THAT REFER TO?
A THAT RELATES TO THE KERSHAW COUNTY SCHOOL BOARD, AND I HAVE BEEN INFORMED BY THE ATTORNEY GENERAL THAT SPEAKER SHEHEEN AND I HAVE BOTH BEEN DROPPED FROM THE SUIT.
Q IS THAT THE ONLY PENDING LITIGATION?
A YES, SIR.
Q YOUR HEALTH IS GOOD?
A YES, SIR.
Q THE STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST. FINANCIAL NET WORTH STATEMENT AND CREDIT REPORT THAT YOU SUBMITTED IS SATISFACTORY. AND WE HAVE HAD ONE COMPLAINT FROM MR. BURNIE BALLARD WHO WILL TESTIFY SHORTLY, AND, AS WE HAVE INDICATED, WE WILL GIVE YOU A CHANCE TO RESPOND AFTER THAT. MR. BURCH, SINCE THIS WILL BE YOUR FIRST JUDICIAL OFFICE, WHAT IS YOUR VIEW TOWARDS THE IMPORTANCE OF JUDICIAL TEMPERAMENT TO A SITTING JUDGE?
A IT'S VERY IMPORTANT. IF WE ARE GOING TO DEMAND THE RESPECT OF THE PEOPLE FOR THE INSTITUTION AS IT IS, WE HAVE TO SHOW RESPECT TOO.
SENATOR POPE: WOULD THE COMMITTEE LIKE TO ASK MR. BURCH ANY QUESTIONS? (NO RESPONSE.)
Q MR. BURCH, DO YOU HAVE ANY ADDITIONAL STATEMENT BEFORE--YOU WILL BE GIVEN A CHANCE TO COME BACK--DO YOU HAVE ANYTHING ELSE YOU WOULD LIKE TO SAY AT THIS TIME?
A NO, SIR.
SENATOR POPE: MR. BURNIE BALLARD.
PLEASE STATE YOUR FULL NAME.
A BURNIE WILLIAM BALLARD.
BURNIE WILLIAM BALLARD, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q MR. BALLARD, WE WILL GIVE YOU AN OPPORTUNITY TO TELL US WHAT YOU WOULD LIKE TO SAY ABOUT THE QUALIFICATIONS OF MR. BURCH.
A FIRST, I WOULD LIKE TO THANK THE COMMITTEE FOR ASKING ME TO APPEAR TODAY SUBSEQUENT TO MY FILING THIS COMPLAINT, AND I WOULD LIKE TO STATE ALSO THAT I DON'T DO THIS LIGHTLY AND I AM HERE--I PRACTICE LAW IN THE FOURTH JUDICIAL CIRCUIT AND I AM HERE ESSENTIALLY OPPOSING SOMEONE BEFORE WHOM I MAY ONE DAY BE APPEARING ON A REGULAR BASIS AS A PRACTICING ATTORNEY. THERE IS AN ISSUE HERE THAT I THINK NEEDS TO BE RAISED IN A PUBLIC FORUM WHICH I THINK DESERVES SOME ATTENTION, AND EVEN IF THIS COMMITTEE DOES NOT FEEL THAT THIS ISSUE IS IMPORTANT ENOUGH TO HAVE ANY BEARING IN THIS MATTER, PERHAPS THE LEGISLATURE BY GIVING IT SOME ATTENTION HERE MAY SEE FIT TO TAKE SOME ACTION IN REGARD TO THAT, AND THAT IS THE ISSUE OF DUAL OFFICE HOLDING PURSUANT TO THE SOUTH CAROLINA CONSTITUTION. I HAVE HAD A NUMBER OF CITIZENS IN MY AREA QUESTION ME ABOUT THIS ISSUE, PARTICULARLY IN REGARD TO MR. BURCH'S ACTIVITIES IN HOLDING SEVERAL GOVERNMENTAL POSITIONS WHEN HE WAS LIKEWISE A SEATED COUNTY COUNCIL MEMBER, AND THEN LATER AS A MEMBER OF THE GENERAL ASSEMBLY, AND I THINK THAT THE BASIC FACTS OF THE MATTER ARE SET OUT IN THE AFFIDAVIT THAT I FILED WITH THE COMMITTEE. IN 1984 THE CHESTERFIELD COUNTY DEPARTMENT OF SOCIAL SERVICES RECEIVED SOME GRANT MONEY WHICH THEY WERE GOING TO UTILIZE TO HIRE AN ATTORNEY TO REPRESENT THE DEPARTMENT OF SOCIAL SERVICES IN THEIR COURT PROCEEDINGS. MR. BURCH AT THAT TIME WAS AN ELECTED MEMBER OF THE COUNTY COUNCIL, AND SUBSEQUENTLY OBTAINED THAT POSITION WHILE STILL A MEMBER OF THE COUNTY COUNCIL. IT IS MY UNDERSTANDING, AND I AM INFORMED TO BELIEVE, THAT PRIOR TO THAT APPOINTMENT MR. BURCH AND THE COUNTY ADMINISTRATOR CONTACTED OUR THEN SOLICITOR, MR. DUPREE MILLER, AND TALKED WITH HIM ABOUT THEIR DESIRE THAT HE BE APPOINTED TO THIS POSITION. IT IS AGAIN MY INFORMATION OR MY UNDERSTANDING THAT MR. MILLER ADVISED THAT EVEN THOUGH THE POSITION WAS OSTENSIBLY TO BE AN ASSISTANT SOLICITOR'S POSITION, THAT HE DID NOT FEEL THAT THE APPOINTMENT WOULD BE APPROPRIATE BECAUSE OF THE DUAL OFFICE HOLDING PROVISIONS OF THE CONSTITUTION, AND HE ADVISED AGAINST THAT APPOINTMENT AND DID NOT PARTICIPATE IN THE APPOINTMENT. IT IS MY UNDERSTANDING THEN THAT THE APPOINTMENT TOOK PLACE ANYWAY, EITHER THROUGH THE DEPARTMENT OF SOCIAL SERVICES OR UNDER THE AUSPICES OF COUNTY COUNCIL, AND A POSITION THAT MR. BURCH HAS CONTINUED TO HOLD TODAY THROUGHOUT HIS TENURE IN THE GENERAL ASSEMBLY AS WELL.
Q JUST SO I WILL UNDERSTAND IT, MR. BURCH WAS ON COUNTY COUNCIL--THIS WAS IN WHAT YEAR?
A THE APPLICATION PROCESS FOR THIS POSITION TOOK PLACE IN FEBRUARY OF 1984.
Q AT THAT TIME MR. BURCH WAS A MEMBER OF COUNTY COUNCIL IN CHESTERFIELD?
A THAT IS MY RECOLLECTION.
Q AND YOU SAID THAT WHILE HE WAS A MEMBER OF THE CHESTERFIELD COUNTY COUNCIL HE WAS HIRED BY THE COUNTY D.S.S.?
A YES.
Q WHO DID THE HIRING? DOES COUNTY COUNCIL MAKE THAT DECISION OR WAS IT THE D.S.S. BOARD?
A MY UNDERSTANDING IS THAT THE POSITION OSTENSIBLY WAS AGAIN TO BE AN ASSISTANT CIRCUIT SOLICITOR, BUT WHEN THE SOLICITOR'S OFFICE WAS APPROACHED BY COUNTY OFFICIALS, MR. CHAPPLE HURST AND MR. BURCH, IN MAKING A REQUEST THAT THAT APPOINTMENT BE MADE, HE DECLINED TO DO SO, THEN THE APPOINTMENT WAS MADE ANYWAY, I ASSUME THROUGH DEPARTMENT OF SOCIAL SERVICES. AGAIN, IT'S MY INFORMATION THAT THE APPOINTMENT WAS MADE ON FEBRUARY 24TH. I BELIEVE IT WAS ANNOUNCED BY CHESTERFIELD D.S.S. AND MR. SANDERS.
Q ARE THERE ANY DOCUMENTS ABOUT THIS APPOINTMENT OR MINUTES OF MEETINGS THAT YOU HAVE?
A I CERTAINLY WOULD NOT BE PRIVY TO THAT. I DON'T KNOW IF THOSE ARE EXTANT AT THIS TIME OR NOT. THOSE WOULD BE BETTER SOUGHT AT THE CHESTERFIELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND/OR COUNTY COUNCIL. I DO KNOW FROM DISCUSSIONS WITH SOLICITOR MILLER THAT, ALTHOUGH HE COULD NOT BE HERE TODAY, HE IS AT LIBERTY TO BE AT THE COMMITTEE'S DISCRETION IF THEY WOULD DESIRE TO HEAR FROM HIM, HE WOULD BE MORE THAN HAPPY TO APPEAR TO TESTIFY AS TO THE FACTS AS HE KNOWS THEM.
Q WHO ACTUALLY MADE THE APPOINTMENT, THE BOARD AT THE D.S.S. IN CHESTERFIELD COUNTY?
A I WOULD ASSUME THAT DEPARTMENT OF SOCIAL SERVICES MADE THE APPOINTMENT WHEN THE SOLICITOR'S OFFICE DECLINED TO PARTICIPATE IN THE APPOINTMENT PROCEEDINGS.
Q JUST A COUPLE OF QUESTIONS. I HAVE TROUBLE SOMETIMES UNDERSTANDING THE INTERRELATIONSHIP BETWEEN ALL OF THESE AGENCIES, BUT CHESTERFIELD D.S.S., IS IT YOUR ALLEGATION, MR. BALLARD, THAT THAT IS A COUNTY RATHER THAN STATE AGENCY?
A AN INTERESTING QUESTION. I AM NOT CERTAIN OF THAT MYSELF. I KNOW IT RECEIVES A SUBSTANTIAL, IF NOT ALL OF ITS FUNDING, FROM THE STATE GENERAL ASSEMBLY AND FROM THE GENERAL BUDGET, BUT I AM AGAIN INFORMED THAT THEY PERHAPS RECEIVED SOME FUNDING OR SOME CONTROL FROM COUNTY COUNCIL. I AM REALLY NOT AWARE OF THAT ONE WAY OR THE OTHER.
Q BUT THE ACTIVITY YOU ARE REFERRING TO IS WHEN MR. BURCH WAS ON COUNTY COUNCIL, AND IF I CAN GET MY BEARINGS STRAIGHT, THE MONEY THAT YOU REFERRED TO WAS FEDERAL MONEY THAT CAME INTO THE STATE?
A THAT WAS MY UNDERSTANDING. AGAIN, I AM NOT PRIVY TO THE INSIDE INFORMATION ABOUT EXACTLY WHERE THAT CAME FROM, BUT THAT IS MY UNDERSTANDING.
Q DO YOU KNOW WHETHER THERE WERE MORE THAN--YOU APPLIED APPARENTLY AND MR. BURCH APPLIED--DO YOU KNOW WHETHER THERE WERE OTHER JOB APPLICANTS AS WELL?
A I KNOW AT LEAST ONE OTHER PERSON WHO WAS INTERESTED. I DON'T KNOW IF THEY FILED A FORMAL APPLICATION OR NOT.
Q THE QUESTION ABOUT THE DUAL OFFICE HOLDING, DO YOU KNOW WHETHER OR NOT ANY FORMAL OPINIONS OR INFORMAL OPINIONS HAVE BEEN ISSUED ON THE QUESTION DEALING WITH A COUNTY COUNCIL MEMBER SERVING AS SOME TYPE OF ATTORNEY FOR D.S.S.?
A OF COURSE, THE ISSUE ITSELF IS CERTAINLY NOT UNTIMELY. WITHIN THE LAST TWO GENERAL ELECTIONS, I DON'T REMEMBER EXACTLY WHICH ONE, BUT THERE WAS A REFERENDUM ON THE BALLOT TWO OR THREE YEARS AGO THAT DEALT WITH THE ISSUE OF WHETHER VOLUNTEER FIREMEN, WHETHER THAT WAS AN OFFICE HOLDING FOR PURPOSES OF CONSTRUING THAT STATE CONSTITUTIONAL PROVISION, AND BY THAT TOKEN, THE PARTICULAR APPOINTMENT THAT I REFERRED TO THAT WAS FOR THE PURPOSES CONSTRUING THAT CONSTITUTIONAL PROVISION, VOLUNTARY FIREMEN WOULD NOT BE AN OFFICE OF HONOR OR PROFIT FOR CONSTRUING THE CONSTITUTIONAL PROVISION. ASSUMING THAT SOMEONE THOUGHT THE NECESSITY OF THAT AMENDMENT WAS PROMPTED BY SOMEONE'S ASSUMING THEY WERE CONSTRUED TO BE, OR WAS CONSTRUED TO BE AN OFFICE OF HONOR OR PROFIT, IF A VOLUNTEER FIREMAN IS, CERTAINLY A COUNTY COUNCILMAN IS, AND A GENERAL ASSEMBLYMAN IS, AT LEAST IN MY MIND. I DON'T INTEND TO REPRESENT TO THIS COMMITTEE THAT I AM A CONSTITUTIONAL SCHOLAR BY ANY STRETCH OF THE IMAGINATION, BUT IT WOULD SEEM TO ME THAT IF THE GENERAL ASSEMBLY TOOK THE TIME TO PUT IT ON THE BALLOT TO MAKE A CONSTITUTIONAL AMENDMENT TO SAY A VOLUNTEER FIREMAN IS NOT AN OFFICE OF HONOR AND PROFIT, THEN CERTAINLY THESE OTHER OFFICES, WHICH THE D.S.S. JOB AS I UNDERSTAND IT INVOLVES SOME RATHER SUBSTANTIAL COMPENSATION, THAT THOSE POSITIONS WOULD BE OFFICES OF HONOR OR PROFIT.
Q IT'S AN ATTORNEY POSITION, RIGHT? I THINK IT'S CLEAR, BUT THE POSITION YOU ARE COMPLAINING ABOUT MR. BURCH, WAS IN A CAPACITY AS A LAWYER?
A YES, SIR, THAT'S CORRECT.
Q AND STAFF HAS BEEN SORT OF FEEDING ME THESE ATTORNEY GENERAL OPINIONS HERE, AND I JUST HAVEN'T SEEN ONE--I AM NOT TALKING ABOUT CONFLICT OF INTEREST, I AM TALKING ABOUT DUAL OFFICE HOLDING--I HAVE NEVER SEEN AN OPINION THAT SAID BEING A LAWYER FOR ANY ENTITY WAS AN "OFFICE."
A THERE WAS AN A.G.'S OPINION, AND AGAIN I HAVE NOT BROUGHT A DOSSIER OR A FILE OF OPINIONS, BUT IF I REMEMBER CORRECTLY IN THE TAIL NOTES TO THOSE THAT CONSTITUTIONAL PROVISION IN THE SOUTH CAROLINA CODE, THERE IS A REFERENCE TO AN ATTORNEY GENERAL'S OPINION IN WHICH A CITY ATTORNEY'S POSITION WAS FOUND TO BE OR THOUGHT TO BE AN OFFICE OF HONOR OR PROFIT UNDER THAT CONSTITUTIONAL PROVISION IF I AM NOT BADLY MISTAKEN IN THAT.
Q EXCUSE ME FOR INTERRUPTING, BUT THAT IS SORT--I THINK--TOUCHING ON A WHOLE ISSUE, OF COURSE, BECAUSE THIS D.S.S. JOB THEY WERE EMPLOYING AN ATTORNEY, RIGHT?
A YES, THAT'S CORRECT.
Q FOR DOING WORK, RIGHT?
A WELL, THE POSITION GOES SOMEWHAT BEYOND ATTORNEY SUCH AS I WOULD GO OUT AND HIRE AN ATTORNEY TO DO ONE JOB. THE POSITION IS CONSIDERED TO BE, AND THE COURT SO ADDRESSED, THE JUDGES ON THE BENCH ADDRESSED THE PERSON HOLDING THIS POSITION AS SOLICITOR. HE IS AN ASSISTANT SOLICITOR, AT LEAST FOR THE PURPOSES OF HIS APPEARANCES BEFORE THE COURTS IN THE FAMILY COURTS REPRESENTING, WHICH IS PART OF THE JOB DESCRIPTION OF THIS INDIVIDUAL WOULD REPRESENT THE DEPARTMENT OF SOCIAL SERVICES IN THESE ABUSE AND NEGLECT CASES AND THINGS OF THAT SORT BEFORE THE FAMILY COURT. IT'S A LITTLE BIT DIFFERENT FROM THE SITUATION WHERE YOU OR I AS A PRIVATE INDIVIDUAL MIGHT GO OUT AND HIRE AN ATTORNEY FOR ONE SPECIFIC JOB. IT IS NOW SUBSEQUENTLY BECOME, AS I UNDERSTAND IT, PERHAPS FUNDED THROUGH THE DEPARTMENT OF SOCIAL SERVICES GENERAL BUDGET, A PERMANENT POSITION, AND CONTINUES TO BE SO EVEN TO THIS DAY, AND, LIKEWISE, IT'S OCCUPIED BY MR. BURCH AS HE CONTINUED IN HIS CAREER AND BECAME A MEMBER OF THE GENERAL ASSEMBLY.
Q AS THE ATTORNEY FOR THE D.S.S., DO YOU HAPPEN TO KNOW WHETHER OR NOT THIS WAS A CONTRACTUAL POSITION? DID HE HAVE A CONTRACT TO PAY SO MUCH MONEY FOR SERVICES RENDERED?
A AS I RECALL, WHEN THE ORIGINAL APPLICATION WENT OUT, IT WAS TO BE ENTERED INTO A CONTRACT AND IT WOULD HAVE BEEN COMPENSATED ON AN AD HOC BASIS OR HOURLY BASIS FOR THE AMOUNT OF WORK THAT WAS DONE, BUT IT WAS A CONTRACT TO DO ALL OF THEIR WORK, PLACED NO RESTRICTION ON THE ATTORNEY'S RIGHT TO APPEAR IN THE FAMILY COURT. AS I REMEMBER, I TALKED TO MR. SANDERS ABOUT THIS I RECALL BEFORE THE APPLICATIONS WENT IN, THERE WERE CERTAIN RESTRICTIONS ON THE ATTORNEY'S ACTIVITIES. HE HAD TO HAVE D.S.S.'S PERMISSION TO APPEAR IN FAMILY COURT ON ANY OTHER MATTER.
Q I AM SORT OF PULLING ON MY RESERVOIR OF MEMORIES, I CAN RECALL SOME YEARS AGO, AND IT MAY HAVE CHANGED, PURVIS COLLINS WAS IN THE HOUSE AND HE WAS ASSISTANT SUPERINTENDENT OF SCHOOLS IN FAIRFIELD COUNTY AND A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND SOMEONE ASKED FOR AN OPINION, AND I CAN RECALL THE OPINION WAS THAT IF HE HAD BEEN THE SUPERINTENDENT, IT WOULD HAVE BEEN DUAL OFFICE HOLDING, BUT HE WAS ASSISTANT TO THE SUPERINTENDENT AND THEY SAID IT WAS NOT DUAL OFFICE HOLDING IN THAT PARTICULAR OPINION. IT MAY NOT HAVE ANY RELATIONSHIP TO THIS SITUATION, BUT THAT IS THE ONLY ONE I KNOW OF.
Q WHEN MR. BURCH GETS PAID, DO YOU KNOW WHETHER HIS CHECK COMES FROM THE COUNTY OR THE STATE?
A I DO NOT KNOW. THAT WOULD BE BETTER ADDRESSED TO MR. SANDERS OR COUNTY COUNCIL. THE SOURCE OF FUNDING FOR THAT POSITION, AS I UNDERSTAND IT, CHANGED DRASTICALLY. THAT WAS A PILOT PROGRAM WHEN IT WAS BEGUN AND THEN LATER ON BECAME PART, I AM INFORMED AT LEAST, OF THE GENERAL DEPARTMENT OF SOCIAL SERVICES BUDGET.
Q WHAT WAS THE FEE INVOLVED? WAS IT AN ANNUAL RETAINER OR HOURLY FEE?
A I DO NOT RECALL PRECISELY. I BELIEVE THAT IT WAS ON AN HOURLY BASIS, OR AN AD HOC AS NEEDED BASIS.
Q YOU MADE REFERENCE TO CONVERSATIONS YOU HAD WITH DUPREE MILLER WHO IS FORMER SOLICITOR FOR THAT CIRCUIT?
A YES.
Q HOW RECENT HAVE YOU TALKED TO HIM ABOUT THIS?
A AS EARLY AS THIS MORNING.
Q WOULD HE VOLUNTEER TO SUBMIT AN AFFIDAVIT REGARDING HIS MEMORY?
A HE WAS MORE THAN HAPPY TO DO ANYTHING THIS COMMITTEE WOULD DESIRE.
Q YOU SAID HE STILL HOLDS THIS POSITION?
A THAT IS MY UNDERSTANDING, YES.
Q WERE HE TO RELINQUISH THIS POSITION, WOULD YOU HAVE ANY RESERVATIONS ABOUT HIS QUALIFICATIONS AS A JUDGE?
A THAT'S A DIFFICULT QUESTION TO ANSWER BECAUSE IT GOES BEYOND JUST THAT. AGAIN, IT'S UP TO THIS COMMITTEE TO DECIDE WHETHER OR NOT THAT IS ANY KIND OF ETHICAL VIOLATION OR ANY SORT OF ETHICAL CONFLICT. I HAVE OBSERVED--LET ME PUT IT THIS WAY, I HAVE OBSERVED IN MR. BURCH A WILLINGNESS TO ENGAGE IN THESE TYPES OF ACTIVITIES, BOTH THROUGH THE DEPARTMENT OF SOCIAL SERVICES' POSITION AND HIS POSITION AS A CITY ATTORNEY FOR THE TOWN OF PAGELAND WHICH HE PRESENTLY OCCUPIES, A PROPENSITY TO AT LEAST NOT QUESTION WHERE AN ETHICAL CONFLICT MIGHT LIE. AGAIN, I CAN'T ANSWER THE QUESTION IS IT OR IS IT NOT, THAT IS SOMETHING FOR THE COURTS OR FOR THE ATTORNEY GENERAL OR PERHAPS FOR THIS COMMITTEE WHETHER OR NOT THIS IS AN ETHICAL CONFLICT, BUT I THINK THERE IS AT LEAST AN APPEARANCE OF AN ETHICAL CONFLICT THERE, AND CERTAINLY THE QUESTION HAS BEEN POSED TO ME BY SOME OF THE CITIZENRY IN OUR AREA "IS THERE NOT A PROBLEM WITH THAT?" THERE CERTAINLY WAS A QUESTION I AM CERTAIN IN THE MIND OF OUR CIRCUIT SOLICITOR AT THE TIME, AND MY UNDERSTANDING IS THAT THAT QUESTION ABOUT THE PROPRIETY OF THAT APPOINTMENT WAS VOICED BOTH TO MR. BURCH AND TO THE COUNTY ADMINISTRATION AND PROCEEDED OVER HIS OBJECTION OR OVER HIS RECOMMENDATION TO MAKE THE APPOINTMENT NONETHELESS.
Q I TAKE IT YOUR ANSWER IS REALLY SAYING THAT AS FAR AS YOU ARE CONSIDERED, THIS IS NOT AN ISOLATED INCIDENT?
A I WOULD SAY NOT.
Q I AM STILL HAVING TROUBLE UNDER THE ROLE WITH THE SOLICITOR'S OFFICE. DOES HE ASSUME BASICALLY THE SAME DUTIES THAT THE ASSISTANT SOLICITORS ASSUME IN OTHER COUNTIES WHEN THEY PROSECUTE D.S.S. ACTIONS?
A PRIOR TO THIS APPOINTMENT THOSE DUTIES WERE HANDLED BY THE ASSISTANT SOLICITOR AT THAT TIME, WHICH WAS W. LEE YOUNGBLOOD, AND HE WAS DOING THEM WITHOUT ANY FURTHER ADDITIONAL COMPENSATION UNDER HIS EMPLOYMENT WITH THE SOLICITOR'S OFFICE FOR THE BASIC SUBSIDY OR STIPEND THAT WAS PROVIDED BY COUNTY COUNCIL. HE DID THAT WORK AS WELL AS HIS GENERAL SESSIONS WORK, AND THIS POSITION WAS CREATED AND ESSENTIALLY RELIEVED HIM OF THOSE RESPONSIBILITIES AS ASSISTANT SOLICITOR IN THE FAMILY COURT.
Q WOULD HE WORK WITH THE SOLICITOR'S OFFICE, HOWEVER, IN THE PROSECUTION OF THESE CASES FOR D.S.S.? HE WORKED UNDER MR. MILLER WITH D.S.S.?
A OSTENSIBLY I WOULD ASSUME, BECAUSE I KNOW THE COURTS REFERRED TO THIS POSITION. HE WAS REFERRED TO IN THE COURTROOM AS THE SOLICITOR, "MAY WE PROCEED SOLICITOR?" AND THOSE KINDS OF THINGS, JUST AMENITIES IN THE COURT. AGAIN, I AM NOT PRIVY TO THE INS AND OUTS AND THE PRIVATE COMMUNICATIONS WITHIN THE SOLICITOR'S OFFICE WITH WHAT MR. BURCH MIGHT HAVE HAD TO SAY WITH THE SOLICITOR OR HOW THEY MIGHT HAVE COMMUNICATED WITH ONE ANOTHER, I DO NOT KNOW AT THIS TIME, BUT I KNOW THAT IS HOW THE POSITION WAS TREATED AND HOW THE COURT LOOKED UPON IT AS AN ASSISTANT SOLICITOR'S POSITION, AND I AM ASSUMING THAT IS WHAT IT WAS BECAUSE I AM FAIRLY CERTAIN OR INFORMED AND BELIEVE THAT THE APPROACH WAS INITIALLY MADE TO THE SOLICITOR'S OFFICE FOR THE OFFICIAL APPOINTMENT. "THIS IS AN ASSISTANT SOLICITOR'S POSITION, YOU SHOULD MAKE THE APPOINTMENT AND THIS IS HOW WE WANT THE APPOINTMENT MADE."
SENATOR POPE: I WOULD POINT OUT TO THE COMMITTEE THAT PAULA HAS SHOWN ME A 1989 ATTORNEY GENERAL'S OPINION THAT SAYS THAT A PERSON SERVING ON COUNTY COUNCIL AND IS A MEMBER OF THE WORK SUPPORT ADVISORY COUNCIL OF D.S.S. WOULD NOT BE A DUAL OFFICE HOLDER.
SENATOR MARTIN: MR. CHAIRMAN, I FEEL LIKE IF IT'S A CONTRACTUAL OBLIGATION, IT WOULD NOT BE AN OFFICE HOLDER.
SENATOR POPE: AS I SEE IT, I HAVE SEEN NO OPINION THAT INDICATES THAT AN ATTORNEY, LIKE YOU SAY, IN ANY CAPACITY WOULD BE AN OFFICE HOLDER, PARTICULARLY IN A CONTRACTUAL AGREEMENT, AND THE TERM "PUBLIC OFFICIAL" UNDER THE DEFINITION SECTION SAYS ANY ELECTED OR APPOINTED OFFICIAL, WHICH WOULD EXCLUDE CONTRACTUAL POSTS I WOULD THINK.
Q JUST ONE LAST QUESTION. MR. BALLARD, IN A SITUATION LIKE THIS, AND I AM THINKING THROUGH HOW I MIGHT APPROACH IT, WOULD YOU AGREE THAT IF YOU ARE FACED WITH WHAT APPEARS TO BE AN ETHICAL QUESTION IN A SITUATION LIKE WE HAVE BEFORE US, ONE OF THE FIRST THINGS YOU WOULD DO IS LOOK TO SEE IF THERE IS AN A.G.'S OPINION OR SEEK AN OPINION FROM THE ATTORNEY GENERAL'S OFFICE ON THE PROPRIETY OR IMPROPRIETY OF THAT CONDUCT?
A YES, THAT WOULD BE THE FIRST THING I WOULD DO.
Q I THINK THIS COMES UNDER THE HEADING OF DUAL OFFICE HOLDING BUT THERE WAS A PERSON WHO WAS ON THE CITY COUNCIL OF SIX MILE AND ALSO WAS ON THE WATER COMMISSION AND THEY CONSIDERED THAT DUAL OFFICE HOLDING. OF COURSE, IN THIS SITUATION, IF YOU FOLLOW HIS INTENTIONS, THERE MIGHT BE A CONFLICT OF INTEREST OR DUAL OFFICE HOLDING, AND YET I THINK HE HAD AN OPPORTUNITY TO WITHDRAW FROM THAT D.S.S. WORK?
A I WOULD ASSUME SO, YES.
SENATOR POPE: ANY OTHER QUESTIONS? (NO RESPONSE.) MR. BALLARD, DOES THAT COVER IT PRETTY WELL?
A I WOULD THINK SO.
SENATOR POPE: WE APPRECIATE YOUR COMING FORWARD, AND WE WILL ASK MR. BURCH TO COME TAKE A SEAT NOW IF HE WOULD. PLEASE FEEL FREE TO RESPOND TO THE MATTERS WE HAVE BEEN DISCUSSING.
A MR. CHAIRMAN, TO GIVE YOU A LITTLE BACKGROUND ABOUT THE D.S.S. POSITION, BACK IN '82 AND '83 WE HAD SUCH A TREMENDOUS PROBLEM WITH THE CHILD ABUSE AND NEGLECT CASES IN CHESTERFIELD, THAT THAT COUNTY WAS ONE OF THE FEW IN THE STATE CHOSEN FOR A PILOT PROJECT TO DEAL WITH THAT. IT DIDN'T SEEM THAT THE SYSTEM WAS SET UP AND WAS ABLE TO HANDLE THE CASELOAD, SO D.S.S. WAS CONTACTED ABOUT THIS PILOT PROJECT. APPLICATION FORMS WERE AVAILABLE, ADS WERE RUN IN THE PAPER FOR THE POSITION, WHICH I DID APPLY. I HAD BEEN ON COUNTY COUNCIL ABOUT A YEAR. I ASSURE YOU I HARDLY KNEW MR. SANDERS. I ONLY KNEW A FEW OF THE BOARD MEMBERS AT THAT TIME, BUT COUNTY COUNCIL HAD NOTHING TO DO WITH THE APPOINTMENT OR ANY AUTHORITY OVER THE BOARD. NOW OUT OF THEIR BUDGET, WHICH WAS PROBABLY IN THE MILLIONS OF DOLLARS, COUNTY COUNCIL SUPPLIED PROBABLY LESS THAN $100,000--MAYBE 60 OR 70 THOUSAND AT THE MOST--FOR FUNDS FOR THEM TO USE FOR TELEPHONE SERVICE, LONG DISTANCE, POSTAGE, OFFICE RENTAL, THINGS LIKE THAT. IF I AM NOT MISTAKEN, TWO OF US APPLIED, MR. BALLARD AND I. MY UNDERSTANDING AT THAT TIME WAS THE REASON I WAS CHOSEN WAS BECAUSE OF MY LAW ENFORCEMENT, CRIMINAL JUSTICE BACKGROUND, MY EDUCATION IN CRIMINAL JUSTICE, AND ALSO THE FACT THAT I HAD TAUGHT CRIMINAL JUSTICE FOR THE UNIVERSITY. THAT WAS ONE THING D.S.S. WAS INTERESTED IN THAT THEY HAVE SOMEBODY WITH TEACHING ABILITIES SO THEY COULD INSTRUCT PROTECTIVE SERVICES WORKERS AS WELL AS LOCAL LAW ENFORCEMENT AS TO THE CHILDREN'S CODE AT THAT TIME. I HAVE TO DIFFER WITH MR. BALLARD ABOUT SOLICITOR MILLER. ONCE THEY HAD DECIDED WHO IT WAS GOING TO BE, UNDER STATUTE 20-7-110 CONCERNING REPRESENTATION OF CHILDREN ON ABUSE AND NEGLECT CASES, THE SOLICITOR HAS A DIRECT SAY IN THAT. SO SOLICITOR MILLER HAD TO APPROVE THIS POSITION. IT WAS HE AND I THAT MET AT THAT TIME AND AGREED THAT WE FELT LIKE THIS SHOULD BE A CONTRACTUAL POSITION, THE ASSISTANT SOLICITOR SHOULD NOT BE INVOLVED. THAT WAS WHAT WAS DONE, A CONTRACT WAS DRAWN, I SIGNED IT TO BE PAID BY THE HOUR.
Q THIS WAS NOT A CIRCUIT-WIDE POSITION, JUST FOR YOUR COUNTY, CHESTERFIELD ONLY ?
A JUST FOR CHESTERFIELD COUNTY, AND EVERYTHING WORKED WELL, AND EVEN THOUGH FEDERAL FUNDING WAS EVENTUALLY CUT BACK SOMEWHAT, I CAN TELL THE MEMBERS OF THE PANEL THAT THAT PARTICULAR PILOT PROJECT IS STILL IN THE MINDS OF THE SOLICITORS IN THIS STATE IN THAT THEY ARE PROPOSING LEGISLATION AT THIS TIME TO GO TO A SYSTEM LIKE CHESTERFIELD COUNTY HAS BECAUSE IT HAS WORKED SO WELL. THE OFFICE, REPRESENTATIVE MARTIN, AT THIS TIME INVOLVED PAYMENT OF NO STATE FUNDS. I WAS VERY CAREFUL TO CHECK ON THAT, AND MAINTAINED THAT IF THAT WERE THE CASE, THEN I FELT LIKE I WOULD HAVE PROBLEMS. AT THIS TIME, AS I UNDERSTAND IT, THE FUNDS ARE STRICTLY FEDERAL AND WHAT LITTLE BIT OF MONEY THE COUNTY HAS AVAILABLE UNDER THEIR TIGHT BUDGET. THE ONLY TIME I REMEMBER IN THE PAST THAT I WAS ADDRESSED AS SOLICITOR IN THE FAMILY COURT WAS JUDGE GASQUE QUITE OFTEN AT TIMES WHEN I WOULD BE THERE TO TRY ABUSE CASES, WOULD OFTEN REFER TO ME AS SOLICITOR. I DON'T REMEMBER ANY OF THE OTHER JUDGES DOING THAT. THEY MIGHT HAVE. I WOULD LIKE TO EMPHASIZE THAT COUNTY COUNCIL AT THAT TIME HAD NOTHING TO DO WITH THE RUNNING OF D.S.S. IN MR. BALLARD'S COMPLAINT WHAT CONCERNED ME, AND I WANTED TO ADDRESS THE PANEL ABOUT, IS THE FACT THAT IT WAS FELT THAT I DID NOT PROPERLY INVESTIGATE OR RESEARCH THE PROPRIETY OF TAKING THIS JOB. I DIFFER WITH THAT IN THAT IMMEDIATELY UPON ENTERING THIS POSITION, I HAD THE COUNTY WRITE THE ATTORNEY GENERAL FOR AN OPINION, AND THAT OPINION WAS ISSUED ON MAY 2ND, 1984. I DON'T HAVE THE WHOLE OPINION. I JUST GOT THIS THIS MORNING AND I WILL GIVE THIS TO THE--AND I APOLOGIZE FOR NOT HAVING ANY COPIES--BUT THIS IS ESSENTIALLY WHAT IT SAID, THAT THERE IS NO CONFLICT OF INTEREST WHERE A COUNTY COUNCIL MEMBER IS EMPLOYED BY AN ORGANIZATION RECEIVING PARTIAL FUNDING FROM COUNTY COUNCIL PROVIDED HE COMPLIES WITH THE PROVISIONS OF THE STATE ETHICS ACT.
Q WOULD YOU MIND IF WE GOT THAT? WE CAN MAKE SOME COPIES FOR THE COMMITTEE. GO AHEAD, MR. BURCH.
A I CAN ASSURE THE COMMITTEE THAT I HAVE MAINTAINED MY ETHICS FORMS SINCE I HAVE BEEN ON COUNTY COUNCIL OR ELECTED OFFICIAL EVERY YEAR, AND EVERY PENNY OF FUNDS I HAVE COLLECTED FROM PUBLIC AGENCIES HAS BEEN REPORTED JUST AS YOU SEE ON THE ETHICS FORMS ATTACHED ON MY APPLICATION BEFORE YOU. ALSO IT WAS CALLED TO MY ATTENTION AT THAT TIME THAT JUST A YEAR BEFORE THE ETHICS COMMITTEE HAD ALSO RENDERED AN OPINION CONCERNING COUNTY COUNCILMEN SEEKING A POSITION AS COUNTY EMPLOYEES. HERE ARE SEVERAL COPIES. THIS, ALONG WITH THE ATTORNEY GENERAL'S OPINION, I THINK CERTAINLY SHOULD INDICATE THAT I DID MAKE AN EFFORT TO CHECK THIS MATTER OUT AND THERE APPEARED TO BE NO PROBLEM, AT LEAST AT THAT TIME.
Q MR. BURCH, I THINK YOU SAID A MINUTE AGO THAT YOU HAVE REPORTED YOUR D.S.S. FEE, CONTRACTUAL FEE, ON YOUR ETHICS FORM EACH YEAR?
A YES.
Q WE WILL INCLUDE THIS IN THE RECORD.
STATIONERY: State of South Carolina, State Ethics Commission
SEC 83-007 August 18, 1982
SUBJECT: COUNTY COUNCILMAN SEEKING POSITION AS COUNTY EMPLOYEE
This opinion is rendered in response to a letter dated July 21, 1982 requesting an opinion from the State Ethics Commission. The Commission's jurisdiction is limited to the applicability of the State Ethics Act (Act No. 191 of 1975; Section 8-13-10 et seq., as amended, 1976 Code of laws). This opinion does not supersede any other statutory or regulatory restrictions or procedures which may apply to this situation.
The Beaufort County Attorney has requested an advisory opinion concerning the following matter:
One of our County Councilmen has submitted application for employment with the County as Executive Director of our Beaufort County Development Board. He would also like to retain his seat on County Council.
It is my opinion that this would not constitute dual officeholding and he could retain his seat on Council with employment with the County but would have to disclose such conflict publicly on issues involving the Development Board before County Council and, of course, would have to disqualify himself from any such issues.
There are no provisions in the State Ethics Act addressing the issue of what public positions may be held by public officials and employees. The State Ethics Commission knows of no prohibitions against a member also serving as an employee. While such prohibitions do not exist, in prior advisory opinions, the Commission has expressed concern over a person being in a master-servant relationship. In those opinions, the Commission has advised that Section 8-13-460 would apply to actions or decisions in either position which would affect the other position. Section 8-13-460 provides in part:
Any public official or public employee who, in the discharge of his official duties would be required to take action or make a decision which would substantially affect directly his personal financial interest or those of a member of his household, or a business with which he is associated, shall instead take the following actions:
(a) Prepare a written statement describing the matter requiring actions or decisions, and the nature of his potential conflict of interest with respect to such action or decision.
(c) If he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by the State Ethics Commission. If the public official is a member of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision, he shall furnish a copy to the presiding officer and to the members of that governing body, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interests exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.
In similar matters in Advisory Opinions 82-047 and 82-052, the Commission advised that, if the procedures of Section 8-13-460 are required to be taken with frequency, consideration should be given to resignation from one position or the other. Frequent disqualification from voting removes representation of a portion of the constituents of a political entity and reduces the public official's effectiveness. The Commission concluded then that while such resignation was not mandatory, it should be given serious consideration.
The county councilman should also insure that he does not utilize the influence of his council position to obtain favorable treatment for the consideration of his application, in accordance with the procedures of Section 8-13-410 which provides in part as follows:
(1) No public official or public employee shall use his official position or office to obtain financial gain for himself.
A AS TO THE TOWN ATTORNEY SITUATION, AFTER BEING ELECTED TO THE HOUSE OF REPRESENTATIVES I CHECKED WITH PAT TREADWAY OVER AT THE ATTORNEY GENERAL'S OFFICE TO MAKE SURE ABOUT THAT SITUATION, AND AT THAT TIME SHE SENT ME AN OPINION BY HELEN ZEIGLER I BELIEVE IT WAS, CONCERNING A SENATOR BEING A TOWN ATTORNEY, AND I HAVE A COPY OF THAT, AND IT REFERS TO THE CULVERSON VERSUS BLATT CASE, WHICH WAS THE SUPREME COURT CASE THAT RULED ON THAT, AND, IN EFFECT, WHAT THE MEAT OF THAT OPINION SAID WAS THAT, THEREFORE, EVEN IF THE CITY ATTORNEY'S JOB SHOULD BE CONSIDERED AN OFFICE, GIVEN THAT FOR GRANTED, THIS WOULD NOT AFFECT THE STATUS OF THE SENATOR IN HIS CAPACITY AS A MEMBER OF THE GENERAL ASSEMBLY. SHE WENT ON IN HER LAST PARAGRAPH TO SAY THAT THE SAME WOULD APPLY TO THE HOUSE OF REPRESENTATIVES. IF THE STATUS OF THIS HAS CHANGED, I DO NOT KNOW OF IT, AND I WOULD LIKE TO SAY IN CLOSING TO THE COMMITTEE THAT IF THERE IS A PROBLEM, I WILL CERTAINLY STRAIGHTEN IT OUT, BUT TO THIS POINT NOBODY OUT OF ALL THE OFFICIALS I HAVE CHECKED WITH HAVE INDICATED THERE IS A PROBLEM, AND I KNOW OF NO HOUSE RULE THAT WOULD AFFECT THIS SITUATION HERE. I CERTAINLY WANT TO DO WHAT IS RIGHT. IF THERE ARE ANY QUESTIONS ABOUT WHY I WAS EMPLOYED OVER MR. BALLARD BACK IN 1983, I HAVE ASKED MR. SANDERS TO BE HERE AND ANSWER ANY QUESTIONS YOU MAY HAVE CONCERNING THAT. THERE IS ONE THING I DID OVERLOOK. IT WAS ALLEGED THAT IT WAS FEDERAL REVENUE SHARING FUNDS. IT WAS NOT REVENUE SHARING FUNDS. IT WAS A SPECIAL FEDERAL PROJECT.
SENATOR POPE: DOES THE COMMITTEE HAVE ANY QUESTIONS?
Q I THINK I CAN PREDICT THE ANSWER TO THIS QUESTION BUT I WANT TO ASK IT ANYWAY, BUT FOR THE RECORD ONLY, IF YOU WERE TO BECOME JUDGE OF THE FOURTH JUDICIAL CIRCUIT, WOULD MR. BALLARD OR ANYONE ELSE HAVE ANY REASON TO FEEL THAT THEY WOULD NOT GET A FAIR AND IMPARTIAL TREATMENT AND CONSIDERATION UNDER YOU AS THE JUDGE?
A NO, SIR. THEY WOULD NOT HAVE ANY PROBLEM. I FEEL I HAVE KNOWN MR. BALLARD FOR A LONG TIME. I DON'T KNOW WHY THIS CAME UP. I THINK IT PROBABLY HAD SOMETHING TO DO WITH EMPLOYMENT, BUT I AM CERTAINLY NOT GOING TO HOLD THAT AGAINST HIM. HE DID WHAT HE THOUGHT HE SHOULD DO AND I CAN'T HOLD THAT AGAINST HIM. I REALLY CAN'T.
SENATOR POPE: ANY OTHER QUESTIONS? (NO RESPONSE.) THANK YOU, MR. BURCH. DO YOU WANT MR. SANDERS TO SPEAK TO US NOW?
A IF YOU WOULD LIKE TO HEAR FROM HIM, I THINK THAT WILL BE FINE.
SENATOR POPE: I WILL ASK THE COMMITTEE. UNLESS YOU WANT HIM TO TESTIFY, WE WON'T CALL HIM. THANK YOU. AT THIS TIME WE WILL CALL JUDGE JAMIE LEE. IF YOU WOULD, PLEASE STATE YOUR NAME FOR THE RECORD.
A JAMIE FLETCHER LEE.
JAMIE FLETCHER LEE, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:
Q JUDGE LEE, YOU WERE SCREENED LAST IN MARCH OF 1988 I BELIEVE?
A THAT'S CORRECT.
Q AND YOU HAVE REVIEWED YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES. I THINK IT'S FINE.
Q IS IT CORRECT?
A YES, SIR.
Q YOU DON'T NEED TO MAKE ANY CHANGES?
A NO, SIR.
Q YOU HAVE NO OBJECTION TO MAKING IT PART OF THE RECORD TODAY?
A I DO NOT.
1. Jamie F. Lee
Home Address: Business Address:
598 Lakeshore Drive P. O. Box 22
Bennettsville, SC Bennettsville, SC 29512
2. He was born in Bennettsville, South Carolina, on May 10, 1930. He is presently 60 years old.
Social Security Number: ***-**-*****
4. He was married to Mary Breeden on December 30, 1954. He has three children: James Colin, age 35 (South Carolina Law Enforcement Division); Jamie F., Jr., age 34 (Lee Construction Company); and Mary Louise, age 31 (retired).
5. Military Service: U. S. Army, April 1948 - April 1953, SGT. RA14259728, Honorable Discharge; 1957-1985, USAF Reserve, Lt. Col. ***-**-*****, Retired
6. He attended the University of South Carolina, 1953-1956; BS, Business Administration; and the University of South Carolina Law School, 1956-January 1959; LLB
8. Legal/Judicial education during the past five years:
1986 Attended 3 separate seminars for a total of 20 hours
1987 Attended 3 separate seminars for a total of 15 hours
1988 Attended 3 separate seminars for a total of 20 hours
1989 Attended 2 separate seminars for a total of 15 hours
1990 Attended 2 separate seminars for a total of 15 hours
12. Legal experience since graduation from law school:
He has been engaged in general practice since admission to the Bar, including civil, criminal, domestic, and governmental cases for local school district. He represented municipal governments, including utility rate cases, 1973-1982. He has been Family Court Judge 1983 to date.
20. Judicial Office:
Appointed Family Court Judge, Fourth Judicial Circuit, Seat #1, 1982
Elected Family Court Judge, Fourth Judicial Circuit, Seat #1, 1983-1984
Elected Family Court Judge, Fourth Judicial Circuit, Seat #1, 1984-1988
Elected Family Court Judge, Fourth Judicial Circuit, Seat #1, 1988-1992
21. Five (5) of the Most Significant Orders or Opinions You Have Written:
(a) Keane v. Courtwright, et al., 91-DR-40-0667. This is a case of first impression in South Carolina. It involves a child taken from England to the United States for a visit with his biological father, who was not married to the mother. The Father refused to return the child and a Petition was filed under the provisions of the Hague Convention (Convention on the Civil Aspects of International Child Abduction). This case involved the Hague Convention provisions; the implementing Federal Statute (42 USC Section 11601-11610 [1989]); British statutes on custody rights to illegitimate child, as well as South Carolina statutes. The child was returned to England with his mother.
(b) Chris v. Chris, 84-DR-26-758. This case involved primarily the enforcement of a pre-nuptial agreement. This is a case of first impression in the Family Court. The Court ruled that the agreement was void and set aside conveyances made to third parties as a result of the agreement. The case was confirmed on appeal.
(c) Fontana v. Fowler, et al., 86-DR-26-1748. This case involved a termination of parental rights of an 11-year-old girl and her adoption by foster parents, while not terminating parental rights of two other children. The case was affirmed on appeal.
(d) Randolph v. Hanley, 85-DR-34-140. This is an unusual case where a man was the beneficiary of a large trust for his life with remainder to his children. In the event he had no children, the trust went to his sister and her children. The man had no natural children, so several years prior to his death, he adopted two adults for the purpose of allowing them to receive the trust proceeds. The contingent beneficiaries sued to set aside the adult adoptions on the grounds that the man was incompetent and the subject of undue influence, as well as fraud. The Plaintiffs also alleged that a Guardian ad Litem should have been appointed at adoption due to the physical and emotional state of the man involved.
(e) Robilotta v. Baby Boy B and Griggs, 89-DR-10-0415. This case is a termination of parental rights and adoption. The unwed mother consented, however, the 15-year-old unwed father declined to consent and sought custody himself. A Guardian ad Litem was appointed for the father. The case was unusual in that it involved the question of whether or not any parental rights accrued to the father and if so, can a 15-year-old minor be determined to have been wilful in failing to support and visit to a degree sufficient to forfeit his parental rights. The Court terminated parental rights and approved adoption.
22. Public Office:
South Carolina House of Representatives, 1962-1966, elected
Bennettsville Board of School Trustees, 1967-1970, appointed
Chairman, Marlboro County Election Commission, April 1970-1982, appointed
23. Unsuccessful Candidate:
County Auditor - 1966
Family Court Judgeship - 1977
33. His health is good. His last physical was in June of 1990 by Dr. Roy A. Howell, Market Street, Bennettsville, South Carolina 29512.
34. Hospitalized: He had gallbladder surgery in June of 1990. He was hospitalized for three days and was incapacitated from work for four and one-half weeks.
35. He uses a hearing aid for better understanding.
36. He uses blood pressure control medication.
39. Bar Associations and Professional Organizations:
Marlboro County Bar Association, Secretary 1959-1962; South Carolina Bar Association; South Carolina Conference of Family Court Judges
40. Civic, charitable, religious, educational, social and fraternal organizations:
Masonic Order; Order of the Shrine; American Legion; NRA
42. Five (5) letters of recommendation:
(a) Joseph C. Breeden, Jr., Vice President and City Executive
Carolina Bank
P. O. Box 677, Bennettsville, SC 29512
(b) Jack Rogers, Executive Director
Marlboro County Economic Development Board
P. O. Box 653, Bennettsville, SC 29512
(c) G. O'Neal Hamilton
Farm Bureau Insurance
706 Lakeshore Drive, Bennettsville, SC 29512
(d) B. B. Sanders, III
Sanders Oil Company
P. O. Drawer 20, Bennettsville, SC 29512
(e) Resolution - Marlboro County Bar Association
Q WE WILL DO THAT. THE COMMITTEE HAS CHECKED WITH THE BOARD OF COMMISSIONERS OF GRIEVANCES AND DISCIPLINE AND THEY REPORT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE BEEN FILED AGAINST YOU. LIKEWISE, THE JUDICIAL STANDARDS COMMISSION HAS NO RECORD OF ANY REPRIMANDS AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE, AS ARE THE LAW ENFORCEMENT AGENCIES, MARLBORO COUNTY SHERIFF'S OFFICE, BENNETTSVILLE CITY POLICE DEPARTMENT, SLED AND F.B.I. THE JUDGMENT ROLLS OF MARLBORO COUNTY ARE NEGATIVE AND THE FEDERAL COURT RECORDS ARE NEGATIVE. YOUR HEALTH IS GOOD, JUDGE LEE?
A YES.
Q YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST OR OBLIGATIONS. THE NET WORTH INFORMATION AND CREDIT REPORTS ARE SATISFACTORY. NO COMPLAINT HAS BEEN FILED AGAINST YOU AND NO PERSON HAS ASKED TO BE PRESENT TO SPEAK. WHAT IS YOUR VIEW OF JUDICIAL TEMPERAMENT AND THE IMPORTANCE OF IT?
A I THINK IT'S PERHAPS THE MOST IMPORTANT THING BECAUSE IT GIVES THE PERCEPTION TO THE PUBLIC AND TO THE LITIGANTS THAT THEY ARE BEING TREATED FAIRLY. I THINK YOU CAN'T ALWAYS HELP HOW SMART YOU ARE, BUT YOU CAN CERTAINLY BE POLITE. I THINK A CERTAIN AMOUNT OF HUMILITY IS IMPORTANT. I THINK PATIENCE IS A VIRTUE TO BE LOOKED FAVORABLY ON IN A JUDGE BECAUSE SOMETIMES IT'S DIFFICULT TO MAINTAIN IT, BUT I THINK IT'S IMPORTANT. THE PERCEPTION THAT THE PEOPLE HAVE OF THE JUDICIARY IS IMPORTANT.
Q THANK YOU, JUDGE.
SENATOR POPE: WOULD THE COMMITTEE MEMBERS HAVE ANY QUESTIONS OF JUDGE LEE? (NO RESPONSE.) JUDGE, DO YOU HAVE ANY FINAL COMMENTS OR ANY OTHER OBSERVATIONS YOU WOULD LIKE TO MAKE?
A NO, SIR. THANK YOU VERY MUCH.
REPRESENTATIVE GENTRY: MR. CHAIRMAN, I MOVE WE GO INTO EXECUTIVE SESSION.
SENATOR POPE: A MOTION HAS BEEN MADE AND WE WILL GO INTO EXECUTIVE SESSION. (WHEREUPON, THE TAKING OF SAID HEARING WAS CONCLUDED AT 11:35 A.M.)
The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidates and makes certain findings of fact.
The following persons were unanimously found by the Committee to be qualified to serve:
The Honorable Curtis G. Shaw, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable John H. Waller, Jr., candidate for Associate
Justice of the South Carolina Supreme Court;
The Honorable Jamie F. Lee, candidate for Judge of the Fourth Judicial Circuit;
The Honorable John Calvin Hayes, III, candidate for Judge
of the Sixteenth Judicial Circuit;
The Honorable Luke N. Brown, Jr., for service as a retired Circuit Court judge.
In the Screening of the Honorable James E. Moore, candidate for Associate Justice of the South Carolina Supreme Court, Mrs. Betty J. Anderson testified that Judge Moore mishandled an automobile accident case in which she was a pro se defendant. Specifically, Mrs. Anderson charged that improprieties were involved in the jury selection and in the conduct of the trial.
The Transcript of Testimony for Able v. Anderson, Case No. 87-CP-36-411 (Court of Common Pleas, Newberry, South Carolina, May 15, 1989) listed Mrs. Anderson as representing herself pro se on the counterclaim only. Robert A. McKenzie, Esquire, represented Mrs. Anderson on behalf of her insurance carrier and conducted her defense.
Mr. McKenzie raised an objection to the juror strikes and the make-up of the jury, citing the United States Supreme Court case of Batson v. Kentucky, 476 U.S. 79 (1986). Although Batson had not been applied to civil cases in South Carolina at that time, the plaintiff's attorney offered to strike the jury and redraw another one. Mrs. Anderson was advised of her options. She elected to withdraw the objection and continue the trial with the jury that had been selected. After trial, Mrs. Anderson appealed to the Supreme Court, and her appeal was dismissed.
During the trial, Judge Moore questioned both Mr. McKenzie and Mrs. Anderson to make certain that Mrs. Anderson understood the decisions being made and that she was not foreclosed from participating in cross-examination or responding to or making objections. Mr. McKenzie testified before the Committee that Judge Moore allowed him extra time to prepare certain claims on Mrs. Anderson's behalf.
It is the finding of the Committee that the unfavorable testimony regarding Judge Moore was the result of Mrs. Anderson's disappointment with the trial. Further, the Committee finds that Judge Moore presided over the trial in an appropriate manner giving Mrs. Anderson every possible opportunity to present her case in a fair and unbiased setting. The Committee also finds that Judge Moore exercised special diligence in presiding over this trial and was vigilant in advising Mrs. Anderson of her options at each stage of the proceedings. Without question, she received a fair trial. Upon review of the cumulative evidence presented to the Committee in regard to the Screening of the Honorable James E. Moore, the Committee unanimously finds him qualified as a candidate for Associate Justice of the South Carolina Supreme Court.
In the Screening of the Honorable Paul Michael Burch, candidate for Judge of the Fourth Judicial Circuit, Burnie W. Ballard, Esquire, testified that while serving as a member of the Chesterfield County Council, Representative Burch was named an attorney for the Chesterfield County Department of Social Services, an agency over which the County Council had direct management and funding control. Specifically, Mr. Ballard charged that Representative Burch's acceptance of this position constituted a violation of South Carolina's constitutional prohibition against dual office holding. S.C. Const. art. XVII, Section 1A. Both Mr. Ballard and Representative Burch characterized the position as being a contractual employee of the county agency.
It is the finding of the Committee that a contractual employee is not an officer or officeholder within the meaning of the constitutional prohibition against dual office holding. Upon review of the cumulative evidence presented to the Committee in regard to the Screening of the Honorable Paul Michael Burch, the Committee unanimously finds him qualified as a candidate for the Circuit Court.
Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chm. /s/Rep. Larry E. Gentry, V. Chm.
/s/Senator John A. Martin /s/Rep. Daniel E. Martin, Sr.
/s/Senator Isadore E. Lourie /s/Rep. B.L. Hendricks, Jr.
/s/Senator Glenn F. McConnell /s/Rep. James H. Hodges
On motion of Rep. GENTRY, the Report was ordered printed in the Journal.
TO: CLERK OF THE SENATE
CLERK OF THE HOUSE
FROM: THE JOINT LEGISLATIVE SCREENING COMMITTEE TO REVIEW CANDIDATES FOR THE SOUTH CAROLINA BOARD OF SOCIAL SERVICES
DATE: MAY 16, 1991
In compliance with the provisions of Act 119, of 1975, and Act 167 of 1979, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Senator Donald H. Holland, Chm. /s/Rep. B.L. Hendricks, Jr.
/s/Senator David Thomas /s/Rep. Lucille S. Whipper
/s/Senator Douglas Hinds /s/Rep. Harry Hallman
/s/Senator McKinley Washington, Jr.
Pursuant to Act 119 of 1975, this committee was organized to consider the qualifications of candidates seeking election to the South Carolina Board of Social Services for the First, Third and Fifth Congressional Districts. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to election. It is not the function of the committee to recommend one candidate over another or suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified and under the statute our determination in that regard is not binding upon the General Assembly.
Five candidates who were under consideration at the time of the hearings are discussed in this report. The candidates who appeared before the Joint Legislative Screening Committee for its consideration are as follows:
First Congressional District
Dolores Green -- Charleston
Junior Ponds -- Walterboro
Third Congressional District
William Otis Doolittle -- Edgefield
Fifth Congressional District
Dr. Agnes H. Wilson-Burgess -- Sumter
Baron H. Windham, Jr. -- McBee
Charldeen Bozanek -- Sumter
SENATOR HOLLAND: I don't know what the situation is but one
of the members of this committee has advised he will be back in a few minutes. I want to thank you Senators especially for coming. It takes statesmanship to do what you did, because you could have gone home last night after about five days of twelve hours a day work. The Senate adjourned last night, but these members decided that they would stay and meet their obligation to be here this morning. For the benefit of those who probably this is their first trip around, this is what is known as the screening process by virtue of statutory provisions for candidates who seek to run to become a member of the South Carolina Department of Social Services. All state boards and commissions in this state, the applicants who want to serve on them have to go through a screening process. This process is mostly perfunctory. We get into certain types of things, and something might lead to questions of another nature. What we're seeking is simply to see if you meet the statutory requirements, those who are applicants, to become a member of the Board of Social Services. I have chaired this committee for many, many years and there's never been any problem about any of the applicants who have sought election to this board other than probably do you live in the right district and probably there might be some conflicts of interest. The staff of this committee has been working to get all the files in order and I want to ask them ... This is the attorney for the committee this morning. Her name is Valerie and I forgot her last name.
MS. BRUMFIELD: Brumfield.
SENATOR HOLLAND: She comes from down in your area, I think.
SENATOR HINDS: She has the look of a low country girl.
SENATOR HOLLAND: I'm going to ask her, on behalf of the
committee, a question or two. Valerie, have you gone through all the files for each applicant or candidate?
MS. BRUMFIELD: Yes, sir.
SENATOR HOLLAND: Have they met the requirements as to the
submission of reference letters, properly completing the applications and so forth?
MS. BRUMFIELD: All the files are complete.
SENATOR HOLLAND: I believe it's required by us to prepare a
summary of each applicant and have it placed in the journal of both the House and the Senate. Have you prepared a summary for each candidate to be placed in the journal of the House and the Senate?
MS. BRUMFIELD: Yes, we've prepared a summary and we passed
them out this morning for them to review them for errors or anything.
SENATOR HOLLAND: All of you who are candidates, I guess we
should say, look at your summaries and see if there are any corrections or additions you need before we enter them into the journal to complete the investigation by this committee.
MS. BOZONAK: I think we have the "N's" mixed up with the
"M's". My husband's is Emil, E-M-I-L. Emile's name is E-M-I-L-E.
SENATOR HOLLAND: All right. Do any of you have any written
statements you want to give to the committee?
Have you received written statements from anybody?
MS. BRUMFIELD: It's in the file.
SENATOR HOLLAND: Okay, Ms. Brumfield, you can proceed
to call your first candidate.
MS. BRUMFIELD: Delores Green.
1. Dolores S. Greene
Home Address: Business Address:
22 Peachtree Street 165 St. Philip Street
Charleston, S.C. 29403 Charleston, S.C. 29413
2. Ms. Greene was born in New York, New York, on March 26, 1939.
Social Security Number: ***-**-*****
3. Ms. Greene is divorced. She has three children - Kevin Greene, age 30 (construction project manager); Troy Greene, age 28 (student); and Kimberly Greene, age 27 (Human Services).
4. Ms. Greene received a B.A. degree in Sociology from Morgan State College in Baltimore, Maryland, in 1961; and a masters degree in Social Work from U.S.C. in 1976.
5. Ms. Greene is in excellent health. She had surgery in 1985 and recuperated for three months, and fell down a flight of stairs in 1991 and recuperated for two weeks.
6. Ms. Greene is a member of: Morris Brown A.M.E. Church; S.C. Board of Licensed Independent Social Workers; Community Relations Committee, Trident United Way; Black Female Entrepreneurs; Black Female Coalition; and S.C. Leadership Class of 1985 (Office of the Governor).
7. Ms. Greene has served on the Department of Social Services Board since May, 1987; and she served on the Charleston County Board of Social Services from 1979-1987.
8. Ms. Greene is a "Human Services Consultant" Licensed Independent Social Worker.
9. References:
Commissioner Marjorie Amos-Frazier
S.C. Public Service Commissioner
Columbia, S.C. 29211
Rt. Rev. Frederick C. James
Bishop, 7th Episcopal District
African Methodist Episcopal Church
Columbia, S.C.
Dr. Jimmy E. Gilbert, Jr.
Gilbert State Farm Insurance
Columbia, S.C.
Mr. Gonzales S. Waddy
Treasurer, S.C. State Board of Podiatry Examiners
Charleston, S.C.
Ms. Connie Spencer
First Federal of Charleston
Charleston, S.C.
SENATOR HOLLAND: We're going to go by Congressional Districts,
one, two, right on up, and we'll go by alphabet, candidates in those congressional districts.
DELORES S. GREEN, having been duly sworn, testified as follows:
MS. GREEN - EXAMINATION BY MS. BRUMFIELD:
Q: Ms. Green, where do you now reside?
A: At 22 Peachtree Street, Charleston, South Carolina.
Q: In what Congressional District is that?
A: First Congressional District.
Q: What is your occupation?
A: I'm a human service administrator.
Q: For which agency?
A: House of Christian Services.
Q: Do you receive income from any other sources such as stocks or bonds?
A: No.
Q: Do you have any business obligations that would prohibit you from attending meetings and putting in the time necessary to serve on the board?
A: No.
Q: Do you or any member of your family have any business interests that would present a conflict of interest in your holding this position?
A: No.
Q: Your employer, is that a public or private agency?
A: It's a private, non-profit agency.
Q: Do they have any contracts with the State?
A: We have contracts with the State, not the Department of Social Services.
Q: Have you ever been discharged from any employment?
A: No, I have not.
Q: In our investigation of your background, we have found that your credit is reported as satisfactory. We investigated the records of applicable law enforcement agencies and all reports have been negative. We have also reviewed your statement of economic interest and found no conflicting ownerships, associations or transactions. Since that report was turned in about a month ago, do you have anything that you would like to add to that?
A: No, I do not.
MS. BRUMFIELD: Mr. Chairman.
SENATOR HOLLAND: Any questions of this lady by a member of
the committee?
MS. BRUMFIELD: I'm sorry, I have one additional question.
Q: On your application you've listed your daughter's occupation as human services. Who is her employer?
A: She works with the Medical University.
Q: You yourself don't have any contracts with the State as a licensed, independent social worker?
A: No, I do not.
Q: Okay, thank you.
SENATOR HOLLAND: Any members of the committee have any
questions? Senator Hinds.
SENATOR HINDS: Mr. Chairman, I want to ask our attorney
one question. You referred to contents of a file or any person's file and a summary. Can I assume that we have before us here all of the contents of the file which you have in your file, plus the summary?
MS. BRUMFIELD: Yes, sir.
SENATOR HINDS: So our file is the file that you have
referred to in your questions.
MS. BRUMFIELD: Right.
MS. GREEN - QUESTIONS BY SENATOR HINDS:
Q: My only question I think of Ms. Green would be would you give us an example of the contracts that your employer does have with the State of South Carolina?
A: We have a contract with the Department of Vocational Education and that is a program that employs, works to help single heads of households find employment.
Q: That's the only contract that your ...
A: Well, we have a contract with Health and Human Service Finance Commission, and that is a program for the elderly. Those are contracts with my agency and I am a staff person, executive director, and I have a governing board of directors so it is a Board of Directors that has those contracts.
Q: Thank you.
MS. GREEN - QUESTIONS BY SENATOR HOLLAND:
Q: Ms. Green, you are presently serving on the Board of Social Services, are you not?
A: That is correct, sir.
Q: You are completing your first term?
A: That's correct.
Q: Might I ask you what real desire, what impelled you to want to serve on the Board of Social Services?
A: Well, I am a social worker by profession and I feel that my experiences as a professional social worker, as well as a human service administrator, as well as having contacts with the persons who are served by the Department of Social Services in a non-professional capacity gives me a broad base in terms of bringing this to be a part of decision making and planning for persons who receive services by the State.
SENATOR HOLLAND: Any further questions? Thank you so much,
Ms. Green.
A: Thank you.
MS. BRUMFIELD: Junior Ponds.
1. Junior Ponds
Home Address: Business Address:
221 Carolina Circle P.O. Box 1714
Walterboro, S.C. 29488 Walterboro, S.C. 29488
2. Mr. Ponds was born in Miley, South Carolina, on June 6, 1920.
Social Security Number: ***-**-*****
3. Mr. Ponds married Lottie Neetles Ponds on January 26, 1942. They have one child - Delores Ponds Moorer (banker).
4. Mr. Ponds served as a Private First Class in the United States Army from August 28, 1942 through October 19, 1945. He was honorably discharged.
5. Mr. Ponds attended Lodge Grammar School and received a high school equivalency certificate from Warren Eastern High School in New Orleans. Mr. Ponds received a B.A. degree in 1970 from the Baptist College of Charleston. He also received a diploma in Christian Theology in 1960 from the New Orleans Baptist Theological Seminary.
6. Mr. Ponds is in good health. Mr. Ponds had gall bladder surgery in 1983 and prostate surgery in 1986.
7. Mr. Ponds is a member of: the First Baptist Church in Walterboro; Unity (Masonic) Lodge No. 55 in Walterboro; Scottish Rite (32nd) Degree Mason American Legion; Veterans of Foreign Wars; Disabled Veterans of America; Military Order of the Purple Heart; and the American Legion.
8. References:
Dr. Posey Belcher, Pastor
First Baptist Church
Walterboro, S.C.
Auburn J. Bridge
Attorney at Law
Walterboro, S.C.
H. Wallace Dean, President
Godwin Building Supply Company, Inc.
Walterboro, S.C.
Ellison Young
First Federal of South Carolina Savings & Loan
Walterboro, S.C.
Dr. J. Edwin Hiott
Hiott's Pharmacy
Walterboro, S.C.
JUNIOR PONDS, having been duly sworn, testified as
follows:
MR. PONDS - EXAMINATION BY MS. BRUMFIELD:
Q: Mr. Ponds, where do you now reside?
A: 22l Carolina Circle, Walterboro, South Carolina.
Q: Which Congressional District is that?
A: First.
Q: What is your occupation?
A: I'm retired from the South Carolina Department of Civil Services. I'm employed on a part-time basis with the Guardian ad Litem program, coordinator for Colleton and Jasper.
Q: Do you receive any income from other sources such as stocks or bonds?
A: I get dividends on some interest if that's what you mean.
Q: Do you have any business obligations that would prohibit you from attending meetings of this board?
A: No.
Q: Do you or your family members have any business interests that would present a conflict of interest?
A: No.
Q: Are you or any member of your immediate family related to anyone affiliated with DSS?
A: No.
Q: Have you ever been discharged from any employment?
A: No.
Q: In our investigation of your background, we have found that your credit is reported as satisfactory. We have investigated the records of applicable law enforcement agencies and they've all been negative. We've also reviewed your statement of economic interest and found no conflicting ownerships, associations or transactions. Since that report was turned in a month ago, do you have any additional information that you would like to add to it?
A: I have prepared a statement. I don't know whether that's in order or not if that's what you're asking.
Q: No, if your economic interests that you included with your application ... do you have anything further to add to that?
A: No.
MR. PONDS - QUESTIONS BY SENATOR HOLLAND:
Q: Mr. Ponds, is anybody in your family employed by the Department of Social Services?
A: No.
Q: Immediate family.
A: No, sir.
Q: Do any members of the committee have any questions of Mr. Ponds?
MR. PONDS - QUESTIONS BY SENATOR THOMAS:
Q: Mr. Ponds, I guess I'd sort of like to ask standard questions of everybody, so it's not intended just at you. You don't have any associations in any kind of business, whether it be on a consulting basis, whether it be on a partnership basis with any business that does business with the Department of Social Services, do you?
A: No, sir.
Q: All right, thank you.
A: Of course, the Guardian ad Litem program does work very closely with the Department of Social Services by nature of the two programs, but certainly we're not part of it.
MR. PONDS - QUESTIONS BY SENATOR HOLLAND:
Q: Mr. Ponds, I notice you were in World War ... WW II.
A: Yes, sir.
Q: What outfit were you with?
A: I was with the 311 Infantry 78th Division.
Q: There aren't too many of us fellows left around from WW II. You were discharged in 1945?
A: Yes, sir.
SENATOR HOLLAND: Any questions?
MR. PONDS - QUESTIONS BY SENATOR HINDS:
Q: Do you make court appearances in your capacity as or in connection with your association with the Guardian ad Litem program?
A: Yes, sir.
Q: From my very limited experience in Family Court and I hope it continues to be limited, do from time to time DSS employees testify in these proceedings?
A: Yes, sir.
Q: When you make court appearances, are you in fact a Guardian ad Litem for some party in the proceeding?
A: Either that ... Sometimes I'm in the capacity of a Guardian ad Litem or as the supervisor. It varies. The court may volunteer a Guardian ad Litem.
Q: Would you perceive that from time to time an employee of DSS would take a different position in that court proceeding than the Guardian ad Litem takes?
A: Yes, sir, that happens often.
Q: Are you comfortable with that situation? If you were to be on the DSS Board, do you think you would have any undue influence on a DSS employee who was involved in a proceeding?
A: No, sir, I do not. That's the county level?
Q: Yes, sir. Thank you.
SENATOR HOLLAND: Any further questions? Thank you so much.
Call your next candidate.
MS. BRUMFIELD: William Doolittle.
1. William Otis Doolittle
Home Address: Business Address:
P.O. Box 162 Reel Insurance Agency
Edgefield, S.C. 29824 205 Lynch Street
Edgefield, S.C. 29824
2. Mr. Doolittle was born in Edgefield, South Carolina, on October 6, 1939.
Social Security Number: ***-**-*****
3. Mr. Doolittle married Jane Lenae Doolittle on June 3, 1976. They have two children - James Louis Doolittle, age 24 (carpenter); and William Michael Doolittle, age 21 (carpenter).
4. Mr. Doolittle attended Edgefield Public Schools from 1945-1957.
5. Mr. Doolittle served as a Tactical Sergeant in the U.S. Air Force from February 14, 1957, until he retired on July 1, 1977.
6. Mr. Doolittle is in excellent health.
7. Mr. Doolittle is a member of: Veterans of Foreign Wars; Military Order of the Cootie; Military Order of the American Legion, Post 30; Voitare 1177, 40 and 8; Aiken Sunrise Rotary; Gamecock Club; and Pine Ridge Country Club in Edgefield.
8. References:
David N. Stone
Edgefield, S.C.
Robert E. Peeler
Edgefield, S.C.
John F. Byrd, Jr.
Edgefield, S.C.
James F. Padgett
Edgefield, S.C.
William A. Reel, Jr.
Edgefield, S.C.
WILLIAM D. DOOLITTLE, having been duly sworn, testified as
follows:
SENATOR HOLLAND: This is the Third Congressional District?
MS. BRUMFIELD: Yes, sir.
MR. DOOLITTLE - QUESTIONS BY MS. BRUMFIELD:
Q: Mr. Doolittle, where do you now reside?
A: 52l Augusta Road, Edgefield, South Carolina.
Q: In what Congressional District is that?
A: That's the third.
Q: What is your occupation?
A: Independent insurance agent.
Q: Do you receive income from other sources which might be connected with DSS in any way?
A: No.
Q: Do you have any business obligations that would prohibit you from attending meetings of the board?
A: No.
Q: Do you or any member of your immediate family have any business interests that would present a conflict of interest, or anybody employed by DSS?
A: No.
Q: Have you ever been discharged from employment?
A: No, ma'am.
Q: We've investigated your background and found that your financial credit report is satisfactory and all law enforcement records have come back negative. We've also reviewed your statement of economic interest and found no conflicts; however, would you like to add anything to your statement of economic interest at this time?
A: No. Whatever's there is there.
MS. BRUMFIELD: Mr. Chairman.
SENATOR HOLLAND: Any questions by any members of the
committee?
SENATOR WASHINGTON: Yes, sir, Mr. Chairman.
MR. DOOLITTLE - QUESTIONS BY SENATOR WASHINGTON:
Q: Tell me first of all, Mr. Doolittle, why you want to serve on the DSS Board?
A: Well, in my duties with the American Legion child welfare programs that we've had, I've done that and this is an opportunity now with the job I've got, I've got the time to devote and do something worthwhile. My boss, Mr. William A. Reel, who's spent a lot of time over here encouraged me to do it.
Q: Have you had any other involvement in social welfare programs or human service programs other than through your VFW?
A: Well, my two kids.
Q: What do you mean, your two kids?
A: Well, as far as taking care of kids, welfare of children. I went through a divorce and I've seen what that does to kids and things like this. Basically, I'm here. I like to help people and I feel like I can do a good job at it.
Q: Are you familiar with the welfare program?
A: No.
Q: You're not. Tell me something about your philosophy as related to welfare.
A: Welfare, the ones that deserve it, I think they should have it. There are some that I think abuse the program. Welfare should be there for needy people that really need it, should receive it, but there's some that I think abuse the program. They could be out working instead of sitting at home.
Q: Thank you.
MR. DOOLITTLE - QUESTIONS BY SENATOR HOLLAND:
Q: I notice one of your references is W. A. Reel, Jr. Is that Billy Reel?
A: That's him, sir. He's the one that encouraged me to seek this position.
Q: He served in the General Assembly for many years, did he not?
A: Yes, sir, over twenty years.
Q: How is he doing?
A: He's in the hospital right now. He's got lung problems.
Q: Tell him I asked about him. I remember him real well.
SENATOR HOLLAND: Any other questions?
REPRESENTATIVE HENDRICKS: You're talking about Billy Reel.
Wasn't he Mayor over there for a while?
A: He is Mayor right now, sir.
SENATOR HOLLAND: Do you work in his insurance agency?
A: Yes, sir.
SENATOR HINDS: Mr. Chairman, just for my education being
the new fellow on the committee, the fact that we're only considering one candidate, we're only screening one candidate from the Third Congressional District, means that he is the only candidate. He is not opposed for that slot.
SENATOR HOLLAND: I believe the incumbent, Mrs. Davenport,
elected not to seek re-election. I think several applied and some have dropped out, so Mr. Doolittle you're in a right fortunate position if you want to serve. Thank you so much.
A: Thank you, sir.
MS. BRUMFIELD: Charldeen Bozanek.
PERSONAL DATA QUESTIONNAIRE SUMMARY
1. Charldeen Lorenc Bozanek
Home Address: Business Address:
753 Mattison Avenue (None)
Sumter, S.C. 29150
2. Mrs. Bozanek was born in Pardubice, Czechosolvakia, on December 18, 1920.
Social Security Number: ***-**-*****
3. Mrs. Bozanek married Emil George Bozanek on May 30, 1941. They have four children - Pamela Fay Bozanek Hilbish, age 35 (full-time mother); Nancy M. Bozanek Seale, age 42 (full-time mother); Emilie Bozanek Josephs, age 46 (full-time mother); and Carol Bozanek McCarter, age 48 (fashion consultant).
4. Mrs. Bozanek attended Van Buren Elementary School and Woodrow Wilson Junior and Senior High Schools in Cedar Rapids, Iowa. Mrs. Bozanek also received a degree in library training from Wisconsin Library School.
5. Mrs. Bozanek is "very active".
6. Mrs. Bozanek is a member of: Christian Action Council; Interfaith Ministries; YWCA; Presbyterian Church USA; and Supporter Liberty University - Champions for Christ -- Regents. She has served as president and on the state board of the Church Women United. Mrs. Bozanek has been involved in numerous other civic and religious organizations.
7. References:
Mr. Orby Ferguson
South Carolina National Bank
Dr. Willis Goodwin
Emanual Methodist Church
Dr. Jefferson Aiken
Ms. Joanne Morris
Volunteer Coordinator
Miss Carrie Bradley
CHARLDEEN LORENC BOZONAK, having been duly sworn,
testified as follows:
A: My name in Czech means Man of God.
MS. BOZANEK - QUESTIONS BY MS. BRUMFIELD:
Q: Mrs. Bozanek, where do you now reside?
A: 753 Madison Avenue in Sumter.
Q: In which Congressional District is that?
A: I don't know.
Q: We have you down as a candidate for the Fifth Congressional District.
A: Is it the fifth?
SENATOR HOLLAND: You would be in the Fifth.
A: I guess Phil Leventis and Joe McElveen failed to tell me. This is very new to me. This political procedure is very new to me and I might be very ignorant.
SENATOR HOLLAND: Yes, ma'am, we're going to ask you some
questions, this lady is. All we want you to do is meet our requirements and we'll be through with you and then you can go out. If we qualify you, you can go out and just campaign and talk to these members of the General Assembly and tell them anything you want to tell them. All we're looking for this morning is if you meet our requirements and we can adjourn this meeting and certify you as a candidate. So you ask your questions.
Q: What is your occupation?
A: Presently I'm a full time volunteer, have been for years.
Q: Do you receive any income from other sources such as stocks or bonds or somehow connected with DSS or the State?
A: Not with DSS. We do have an adequate income in investments.
Q: Do you have any business obligations or any employment or other commitments that would inhibit you from attending meetings of the board?
A: Not at all.
Q: Do you or any of your immediate family members have any business interests that would present a conflict of interest in your holding this position?
A: Not that I know of.
Q: Is any member of your family affiliated or employed with DSS?
A: No, ma'am.
Q: In our investigation of your background, we have found that your credit report is satisfactory. We have investigated the records of applicable law enforcement agencies and all reports have been negative. We have also reviewed your statement of economic interest which you attached with your application and we found no conflicting ownerships, associations or transactions. Since that report was turned in about a month ago, do you have any updates to offer?
A: No. If I may make a statement, I feel that working with the underprivileged and the needy and the elderly ... I feel that if we have the ability, the compassion, the energy and the resources, we must help mankind. My main problem is that we, through our programs, we are probably disintegrating the family. We see so many mothers, single parent mothers. As I go into the developments and see the causes, you know, we need to bring our family unit together and these efforts must be tried through our neighbors, our community, our city. I work with all groups of people, all ethnic groups, all religious backgrounds, people of all color. I try to get resources to feed the soup kitchen two or three times a week so we can keep up that facility through the Methodist Church, through the Methodist Conference. In fact, right now I'm trying to get an audit statement together so the funds will continue at the Federal level, the few dollars that they do get. I'm not involved with that since I'm not a Methodist, but I am called upon by all churches when the needy need something. I feel that I am very conscientious about it. I do not just let the matter lay. I do go right into the homes. I have for years. When we had abused women and they were discharged, I'd go into the homes. I'd try to help them furnish their homes, try to help them with the education of their children, the problems of their children. I feel that, you know, at my age, I can do something for society and that is my interest. For years I helped ... Ron Smith would call me every weekend when funds and food were not available to help families, you know, all over the county that I didn't know. Ron has persuaded me to be active because I am on the bottom floor, directly dealing with the people. I think that's essential. I don't think we can just have a position, not being involved with the people, and I am involved daily with the people. That is my only criteria.
Q: I have two additional questions. You said that you are active in a lot of volunteer work. What is the nature of those volunteer positions?
A: I happen to be president of Churchwomen United and on the State Board, so a lot of problems of putting dignity back into women's lives and problems of justice, problems of poverty, those are all part of our program. I have been involved with the soup kitchen since 1942 when I saw the need, trying to keep the people off the streets, trying to feed them one warm meal a day to keep them from drinking, to keep the crime rate down. I'm involved with the shelters. I try to take two, three complete meals a week there, because our funds are limited. We were ... at one time Campbell Soup gave us cans of soup and we're no longer getting that. What other involvement did you want?
A: That's fine. For your business interests, what is the nature? I don't mean to pry into your personal income but are they just business portfolios, stock portfolios, or do you have a business that would have dealings with the State or DSS?
A: No business, no, just personal investments.
SENATOR HOLLAND: Any questions, members of the committee?
MS. BOZANEK - QUESTIONS BY SENATOR WASHINGTON:
Q: I see you know my good friend, Willis Goodwin, down there.
A: Very good, and I wrote to the Bishop. I'm a little disturbed about his being transferred. In your district, is he? I told him I would support him. He expects me to keep supporting him.
Q: He used to be in my district.
A: Well, he's going, you know, back to Kingstree and work with that program, you know, help them with the building of the soup kitchen, financially, put in cupboards, help with the roof, financial aid. I feel very comfortable with him. In fact, he always says "This is your church any time you want to use it," and I'm very proud of that, that he is so willing and loving and allows us to use his church whenever ... In fact, we're having a celebration there tomorrow.
Q: You're Presbyterian?
A: I'm a Presbyterian and have ... not only have my husband and I been active in the local community, for years and years I was rotating chairman for the Presbyterian church, traveled all the churches, thirty to forty churches, which I thoroughly enjoyed because these are small family churches and I got to know all the people. I love that, you know, raising funds for shipping of the goods to Zaire. We have supported two or three missionaries in the Zaire area and a doctor in Haiti and I send supplies there regularly. In fact, I need to clean them out of my carport right now. They love those colorful bandages, you know, for their children in Zaire and Dr. Rambo and Mrs. Rambo have thanked me continuously. I love doing that. I'm kind of deterred from that right now because I've been so involved with the needs of the community but I've got to get back to that.
Q: Thank you.
SENATOR HOLLAND: Any other questions from members of the
committee?
MS. BRUMFIELD: The next candidate is Dr. Agnes Wilson-Burgess.
1. Agnes Hildebran Wilson-Burgess
Home Address: Business Address:
P.O. Box 482 P.O. Box 482
Sumter, S.C. 29150 Sumter, S.C. 29150
2. Dr. Wilson was born in Chapin, South Carolina, on June 11, 1914.
Social Security Number: ***-**-*****
3. Dr. Wilson married Mr. Burgess on March 10, 1991. They have no children. However, Dr. Wilson has four foster children: Mrs. Lucille Muldrow; Mrs. Betty Dixs; Ms. Barbara Gamble; and Mr. James Thomas Wilson.
4. Dr. Wilson received an A.B. degree from Allen University and a Masters Degree in Education from Temple University. She also has received a diploma in linguistics from the Sorbonne University (University of Paris); a special certificate in linguistics from the University of Missouri; and a special certificate in linguistics from Rutgers University.
5. Dr. Wilson is a member of the Second Presbyterian Church of Sumter; YWCA; League of Women Voters; S.C. and National Education Associations; National Council of Negro Women; and various other civic and professional organizations.
6. Dr. Wilson has served on the DSS Board from July 1987, until present. She also served as President of the S.C. Education Association from 1971-1973 and President of S.C. Retired Educators Association from 1988-1990.
7. References:
Wilma D. Young
1st Federal
Sumter, S.C.
Bishop Frederick C. James
Columbia, S.C.
Rev. Dr. Franklin D. Colcolough
Sumter, S.C.
The Hon. John C. Land
State Senator
Columbia, S.C.
Mrs. Mary Hornsby
Columbia, S.C.
Hon. James A. Clyburn
Commissioner, S.C. Human Affairs Commission
Columbia, S.C.
Rev. Dr. Jefferson K. Aiken
Sumter, S.C.
Q: Dr. Wilson-Burgess, where do you live, what Congressional District is that?
A: It's the Fifth Congressional District.
Q: What is your occupation?
A: I'm a retired educator.
Q: Do you receive income from any sources, stocks and bonds that might have dealing with the State or DSS?
A: None at all.
Q: Do you or any members of your family have any business interests that would present a conflict of interest to you holding this position?
A: No.
Q: Are you or any member of your immediate family employed or affiliated with DSS?
A: No, not at all.
Q: On your application I noticed when you were asked about the present state of your health you had put no and I just want to clarify that.
A: No.
Q: That must have been an oversight.
A: That was an oversight.
Q: I just wanted to ask about your state of health.
A: What I really ... my secretary made an error. I asked her to say that my health was robust.
Q: Okay. I also noticed that you have four foster children. Do you currently care for any foster children?
A: No, I don't. As is indicated, they're all grown and they're all productive citizens.
Q: Do you have any biological or adopted children?
A: Well, one of these was adopted. It's an interesting story. His mother gave him to me, then decided that she wanted him back, but he was legally adopted. All of the others grew up in my home. My first husband was a Presbyterian Minister and these children came into our home because of need, and the State at that time did not have an adequate foster care service.
Q: In our investigation of your background, we have found that your credit is reported as satisfactory, and we have investigated the records of applicable law enforcement agencies and all reports have been negative. We have also reviewed your statement of economic interest and found no conflicting ownerships, associations or transactions. Since that report was turned in a month ago, do you have anything that you would like to add to it?
A: Not anything.
MS. BRUMFIELD: Mr. Chairman.
DR. WILSON-BURGESS - QUESTIONS BY SENATOR HOLLAND:
Q: Doctor, just for curiosity, I see you are a linguist. What language ...
A: That has to do with the nature of language. I'm a language teacher. My major was French. I had a double major, French and English.
Q: Do you know any Spanish?
A: I know some Spanish, but I'm not really fluent in Spanish. I read Spanish.
Q: Spanish tripped me up.
A: In my day French was the language.
SENATOR THOMAS: Still is.
A: Merci.
DR. WILSON-BURGESS - QUESTIONS BY SENATOR THOMAS:
Q: I was noticing the ... I was reading through your credentials here. I would love to have gone to the Sorbonne. I congratulate you on having gone there.
A: Thank you.
Q: That's terrific. I noticed you're a doctor but the doctorate isn't listed. What is the doctorate? Where is it ...
A: That's honorary.
Q: Oh, where from?
A: Well, a number of places, Allen University, the ITC in Atlanta and Presbyterian College.
Q: You can call yourself doctor, doctor, doctor, multiples.
A: I have attained enough credits at the various places where I studied and done what was equal to a dissertation in French at the Sorbonne, so I don't mind wearing the doctor.
Q: Well, even if it's honorary, if it's given for a work accomplished, I've never been offended at that. Thank you.
SENATOR HOLLAND: Any other questions, Mr. Hendricks?
MS. WILSON-BURGESS - QUESTIONS BY REPRESENTATIVE HENDRICKS::
Q: Doctor Wilson, I believe I worked on a screening committee with you before.
A: That is true.
Q: How long did you serve on DSS?
A: Oh, I've served three terms. The first was a partial term and I've done two terms.
Q: I believe I'm the only House member here. That's unusual. Usually we have the House members and can't get the Senators. Today it works in reverse.
SENATOR HOLLAND: Especially after the Senate adjourned and
went home last night. Any other questions by members of the committee?
DR. WILSON-BURGESS - QUESTIONS BY SENATOR WASHINGTON:
Q: I can't get used to calling you Burgess.
A: It's a recent acquisition. I got married on the l0th of March, l99l.
SENATOR HOLLAND: Where did you go on your honeymoon?
A: Shangrila.
MS. BRUMFIELD: The next candidate is Baron Windham.
1. Baron H. Windham, Jr.
Home Address: Business Address:
Route 5, Box 222 Delta Airlines
Hartsville, S.C. 29550 Hartsfield International Airport
Atlanta, Georgia
P.O. Box 281 The Beacon Restaurant
McBee, S.C. 29101 Hartsville, S.C. 29550
2. Mr. Windham was born in Hartsville, South Carolina, on October 12, 1946.
Social Security Number: ***-**-*****
3. Mr. Windham married Lyn Terry Windham on December 15, 1985. They have one child - Baron H. Windham, III, age one month.
4. Mr. Windham graduated from North Hartsville Grade School, Hartsville Junior High School and Hartsville High School. He received a B.S. degree in Business Administration from the Citadel in 1968. Mr. Windham also received a teaching certificate from Coker College in 1968.
5. Mr. Windham is in excellent health.
6. Mr. Windham served as a 1st Lieutenant in the U.S. Air Force from 1970 through 1974. He also served in the S.C. Air National Guard from 1974 through 1977.
7. Mr. Windham has been involved in the Special Olympics Program.
8. Mr. Windham is part-time manager and operator of the Beacon Restaurant. He is also President of Baron's Chicken, Inc.
9. Mr. Windham ran for House Seat 56 in 1976.
10.References:
Robert G. Clawson
Retired President of the Bank of Hartsville
Hartsville, S.C.
A. J. Caulder
McBee, S.C.
Lt. Col. T. N. Courvoisie
Charleston, S.C.
Jane Sowell Sox
McBee, S.C.
J. G. Cothran
President, NCNC Hartsville
Hartsville, S.C.
BARON WINDHAM, having been duly sworn, testified as
follows:
MR. WINDHAM - QUESTIONS BY MS. BRUMFIELD:
Q: Mr. Windham, where do you now reside?
A: I reside at Route 5, Box 222, Hartsville, South Carolina, Chesterfield County.
Q: In what Congressional District is that?
A: That is the Fifth Congressional District.
Q: What is your occupation?
A: I am a restaurant operator and a commercial pilot.
Q: Do you receive income from other sources that might have a conflict of interest with the Board?
A: I do not.
Q: Do you have any business obligations, employment or other commitments that would prohibit you from attending meetings of the Board?
A: I do not.
Q: Do you or any member of your family have any business interests that would present a conflict of interest with your holding this position?
A: No.
Q: Are you or any member of your immediate family affiliated or employed with DSS?
A: No, there are not.
Q: Have you ever been discharged from any employment?
A: No, ma'am.
Q: In our investigation of your background, we have found that your credit is reported as satisfactory and we have investigated the records of applicable law enforcement agencies with all reports being negative. We've also reviewed your statement of economic interest and found no conflicting ownerships or transactions or associations. Since that report was filed a month ago, do you have anything further that you would like to add to it?
A: No.
MR. WINDHAM - QUESTIONS BY SENATOR HOLLAND:
Q: I notice one of your references is Jane Sowell Sox from McBee. She was a suite mate of my wife at Winthrop. I happened to notice that. They got together the other week and I think they met one of their suite mates they hadn't seen in forty years.
A: I met her getting a teaching certificate at Coker College after I graduated the Citadel. She was there getting her upgrade courses for a teaching background.
Q: She and my wife and one other lady got together last weekend. They had not seen each other I think in about forty years.
A: She's a very nice lady, very nice lady.
SENATOR HOLLAND: Any questions of Mr. Windham?
MR. WINDHAM - QUESTIONS BY SENATOR THOMAS:
Q: Mr. Windham, you are a commercial pilot. How are you going to be able to arrange your time with the meetings if you're elected with your commercial flight schedule? I mean they assign you the schedule, don't they?
A: No, you bid a schedule on about the l2th of the month prior to ... say the l2th of this month, I will bid for my entire schedule next month.
Q: You bid for it.
A: You bid for it according to your seniority and there is ...
Q: How does the seniority system work? Is that ...
A: It's strictly date of hire.
Q: Oh, I've got you. I just wondered.
SENATOR HOLLAND: You don't have Republicans and Democrats
in that, do you?
A: We've got both, but it doesn't affect it. You actually have two different bidding periods in which you can initially bid and you have an additional bid a week later.
Q: So you just bid around it, then.
A: You can ... in my seniority position you can have the days off you'd like. It depends on ... you just might have to take trips that you would rather not fly. It would be no problem for me to make meetings.
SENATOR HOLLAND: Any other questions? Senator Washington.
MR. WINDHAM - QUESTIONS BY SENATOR WASHINGTON:
Q: Mr. Windham, the DSS Board has a lot of emergency meetings and etcetera. Are you going to be able to do that and meet your schedule?
A: Well, an emergency meeting, if ... how much time do you have for an emergency meeting? I mean is it called a day before?
Q: Sometimes.
A: Okay, we have a provision in our contract that allows me to have a certain number of days that I can personal drop trips, and I can call and say I would like to personal drop this trip. I have a number of those. I have four days.
Q: Did someone ask you to run for the Board?
A: I got involved in DSS, have been familiar with DSS for years. Being in the restaurant business, you come in contact with about everybody in the community and my initial interest was through the newspapers in the last year or so and talking with caseworkers who come to my establishment and I contacted my representative,and my county director who I've known for a number of years and told him I might be interested.
Q: Who is that?
A: Jim Sanders, and from that point he encouraged me. I contacted my representative and my senator, Ed Saleeby, after that.
Q: What other relationship have you had, if any, with the Department of Social Services?
A: Business relationship?
Q: Any kind of relationship, work relationship or business relationship.
A: I have known many people in DSS. I have not worked with DSS. Most of my involvement with any kind of social work has been on a personal level and the reason for that is most of the civic clubs and things like that meet during the daytime hours when our restaurant is in operation. We serve most of them. However I've worked with kids in high schools. We've arranged college funds for some of them. We've given some of them college funds. We've given food from our restaurant to people we knew in need and on and on and on.
Q: Are you familiar with the AFDC program?
A: I know basically what it is, yes. It's Aid to Families ...
Q: Aid to Families with Dependent Children.
A: Yes.
Q: You said you read in the last year or so some reports in the newspaper about DSS and this has gotten you interested in DSS. What kind of reaction are you talking about, negative or positive?
A: Well, I think there's been a lot of negative in the newspaper reporting on DSS. I think people ... It tends to want people to get involved. I think it's an extremely important program. I think people in the United States have a great capacity for giving to people in need; however, they don't have a great capacity when they read negative things about the programs designed to take care of the needy. If there's a department that needs a sparkling image, it's the DSS program so that enticed my feelings for getting involved.
Q: How do you feel that you can ... What do you think you can do to help bring about this image that you're talking about?
A: Well, number one, the caseworkers that I've talked to and have been friends for some time, I was always impressed with their dedication to the job. It was a meaningful purpose. I think some of them are very distressed at this time with maybe not enough resources for them to do as good a job as they'd like. I know I've heard many of them talk about the case loads are extremely high. I would like to see if we can direct more funds within the program toward those people who are immediately going to come in contact with the client in the field.
Q: Anything specific you would like to see changed in the Department of Social Services if you were elected?
A: Not specifically. I would just like to see the funds, make sure as much of the funding as we can is out there to serve the client.
MR. WINDHAM - QUESTIONS BY REPRESENTATIVE HENDRICKS:
Q: You are a commercial pilot now. I assume your experience in the Air Force, you were a pilot there.
A: Yes, sir.
Q: I was a pilot for seven years in World War Two. Like Senator Holland said, we're getting fewer, but I'm always sympathetic with anybody that's a pilot. Commercial pilot, I didn't understand who you fly for as a commercial pilot.
A: Delta Airlines.
Q: I see. I thought you meant some common carrier.
A: That's a scheduled airline.
Q: I was going to pursue the line of thought that Senator Washington had as to what motivated you to get interested in DSS but you pretty well covered that front so we'll go on with that. Always when you see these negative reports, though, they aren't always exactly true when you get right down to the issue.
A: I'm sure of that. I understand that.
Q: That's the reason I'm disturbed now because of all this scam we've had down here. The General Assembly image is probably lower than it's ever been. I don't know what to compare that to and then we have some very dedicated fine people down here. We never get any credit, always the other side.
A: Yes, sir.
SENATOR HOLLAND: Any other questions by any members of
the committee? Thank you, Mr. Windham. I'd like to wrap up all matters this morning. Is there any motion?
SENATOR THOMAS: Mr. Chairman, I have a motion that all
the candidates be accepted as passing muster from the committee. I'm not sure how to put that in the form of a motion but I guess everybody understands it.
SENATOR HOLLAND: Certified and approved.
SENATOR THOMAS: That's what I meant to say, outstanding
group.
SENATOR HOLLAND: Thank you so much for your presence this
morning. Thank you for your desire to serve in government and I've always said I thought everybody should have to serve just a little bit in public life. Is there any objection to certifying all the candidates this morning? (No objections voiced.) So done. You will be notified as to the date of the election, but as of this morning you can go out among the brethren and begin to seek your votes.
(There being nothing further, this procedure was ended at ll:l0 a.m.)
Having completed the investigation as required by the Act, the committee, by this report, respectfully submits its findings to the members of the General Assembly for their consideration.
This committee has investigated each of the applicants, conducted a public hearing on May 2, 1991, and duly considered the legal qualifications of each of the applicants. Based thereon, the committee finds all of the nominees to be legally qualified as candidates for the South Carolina Board of Social Services.
Respectfully submitted,
/s/Senator Donald H. Holland, Chm. /s/Rep. B.L. Hendricks, Jr.
/s/Senator David Thomas /s/Rep. Lucille S. Whipper
/s/Senator Douglas Hinds /s/Rep. Harry Hallman
/s/Senator McKinley Washington, Jr.
On motion of Rep. HENDRICKS, the Report was ordered printed in the Journal.
Rep. R. YOUNG moved that when the House adjourns it adjourn in memory of Dr. Gerald R. Hasty of Charleston, which was agreed to.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 4010 -- Reps. Scott, J. Brown, Burriss, Corning, Cromer, Harrison, Quinn, Rogers and Waites: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE FAYE BUTLER OF RICHLAND COUNTY ON BEING NAMED OUTSTANDING ASSISTANT PRINCIPAL FOR 1991 BY THE SOUTH CAROLINA ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 21, 1991, FOR THE PURPOSE OF ACCEPTING THIS RESOLUTION.
Whereas, Faye Butler is the assistant principal of Columbia High School in Richland County School District 1; and
Whereas, Mrs. Butler has been an assistant principal for three years and is in charge of curriculum and instruction where she works closely with the teachers; and
Whereas, before becoming assistant principal Mrs. Butler was coordinator for the gifted and talented program for Richland County School District 1, and previously an English teacher at Fairwold Middle School (now W. G. Sanders Middle School); and
Whereas, Mrs. Butler is involved not only within the school but gives of herself to many community youth organizations, tutors students who are having difficulty with the required exit examination, and is involved in her church and community to assist young people; and
Whereas, the South Carolina Association of Secondary School Principals has chosen Mrs. Butler for her dedication to service on the job and in her community based upon the recommendation of the Columbia High School principal, Mr. Gary Gaddens; and
Whereas, this is the first year the Association has presented this award. Now, therefore,
Be it resolved by the House of Representatives:
That the members commend and congratulate Mrs. Faye Butler of Richland County for being named Outstanding Assistant Principal for 1991 and for her achievements and dedication to her school and community. Mrs. Butler is extended the privilege of the floor of the House of Representatives on Tuesday, May 21, 1991, at a time to be determined by the Speaker, for the purpose of accepting this resolution.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Butler.
The Resolution was adopted.
On motion of Rep. GENTRY, with unanimous consent, the following was taken up for immediate consideration:
S. 993 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1998; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House at 12:00 noon on Wednesday, May 29, 1991, to elect a successor to The Honorable David Walker Harwell, Associate Justice of the Supreme Court whose term expires July 31, 1998; to elect a successor to The Honorable C. Anthony Harris, Circuit Judge from the Fourth Judicial Circuit whose term expires June 30, 1992; and to elect a successor to The Honorable Robert L. McFadden, Circuit Judge from the Sixteenth Judicial Circuit whose term expires June 30, 1992.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 997 -- Senators Lourie, Long and Hinds: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION TO RECOGNIZE THE TREMENDOUS VALUE OF THE MYRTLE BEACH AIR BASE AS A MILITARY INSTALLATION AND A CRITICAL COMPONENT OF OUR NATION'S DEFENSE AND STRONGLY URGE THIS COMMISSION TO CLOSELY SCRUTINIZE AND REVIEW THE BASE CLOSING PROCESS AND SELECTION AND TO REMOVE THE MYRTLE BEACH AIR BASE FROM THE CLOSING LIST.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 999 -- Senators Williams, Waddell, Martin and Drummond: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 1991, THEY SHALL STAND ADJOURNED TO MEET ON THEIR OWN MOTION IN REGULAR STATEWIDE SESSION, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS WHICH MAY BE CONSIDERED DURING SUCH STATEWIDE SESSION AFTER JUNE 6, 1991.
The Concurrent Resolution was ordered referred to the Committee on Rules.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4011 -- Reps. Hayes and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.
Referred to Committee on Judiciary.
S. 987 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 18, 1991, MISSED BY A. L. CORBETT MIDDLE SCHOOL STUDENTS IN AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A SAFETY PROBLEM IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
Referred to Committee on Education and Public Works.
S. 988 -- Senators Mullinax, O'Dell and Macaulay: A BILL TO AUTHORIZE THE ANDERSON COUNTY FIRE PROTECTION COMMISSION TO APPOINT AND COMMISSION FIRE INVESTIGATORS WITH THE POWERS OF COUNTY LAW ENFORCEMENT OFFICERS AND TO PROVIDE FOR THEIR QUALIFICATIONS.
Referred to the Anderson Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Clyborne Cooper Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Houck Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Scott Sharpe Sheheen Shirley Smith Snow Stoddard Tucker Vaughn Waites Waldrop Wells Whipper Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, May 21.
Will McCain Joe Wilder Terry Haskins John B. Williams Juanita M. White Mike Jaskwhich Irene K. Rudnick Stephen Gonzales Ken Corbett E.B. McLeod Don Beatty Ronald Townsend Alex Harvin, III Dell Baker Paul Burch Joseph McElveen Derham Cole
LEAVES OF ABSENCE
The SPEAKER granted Rep. BARBER a leave of absence for the week.
The SPEAKER granted Rep. GLOVER a leave of absence for the day due to a death in the family.
Reps. WRIGHT and QUINN presented the Irmo High School Girls and Boys Tennis Teams, and Coach Bill Porter, and congratulated them for winning the 1990 and 1991 State Class AAAA Championships, respectively.
Rep. SHEHEEN presented the Camden High School Boys Tennis Team, and Coach Roger Smoak, and congratulated them for winning the 1991 State Class AAA Championship.
Reps. SCOTT and J. BROWN, on behalf of the Richland Delegation, presented Mrs. Faye Butler of Richland County, and congratulated her on being named the Outstanding Assistant Principal for 1991.
Announcement was made that Dr. Louis Costa of Charleston is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., May 21, 1991
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN, the invitation was accepted.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R96) S. 190 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-215 SO AS TO DIRECT THE OPERATIONS AND MANAGEMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION AND ESTABLISH THE PROGRAM'S FOCUS; TO PROVIDE THAT THE PROGRAM BE HELD ON LEGISLATIVE DAYS AND OPEN TO ALL LEGISLATORS; AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1992 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.
(R97) S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R98) S. 558 -- Finance Committee: AN ACT TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 2 AND 4 SO AS TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO TAXES AND THE SOUTH CAROLINA TAX COMMISSION AND TO DELETE OBSOLETE PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-227, SO AS TO PROVIDE FOR THE COLLECTION OF TAXES FROM OUT-OF-STATE TAXPAYERS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO CONFIDENTIALITY OF TAX RETURNS, SO AS TO CONSOLIDATE EXISTING CONFIDENTIALITY REQUIREMENTS, PROVIDE FOR ADDITIONAL EXCEPTIONS TO THESE REQUIREMENTS, AND REQUIRE THE COMMISSION TO PROVIDE GUIDELINES AND MONITOR COMPLIANCE; TO PROVIDE FOR THE DUTIES OF THE CODE COMMISSIONER IN THE CODIFICATION OF THESE NEW TITLES; PROVIDE FOR REFERENCES; AND TO REPEAL CHAPTERS 1 AND 3 OF TITLE 12 AND SECTION 12-7-60 OF THE 1976 CODE RELATING TO THE SOUTH CAROLINA TAX COMMISSION AND TO THE BOND REQUIRED FOR ITS OFFICERS, AGENTS, AND EMPLOYEES.
(R99) S. 926 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R100) S. 376 -- Senators Wilson and Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 48-18-70, RELATING TO EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT REGULATIONS PROMULGATED BY THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SHALL PROMULGATE REGULATIONS FOR EROSION AND SEDIMENT REDUCTION AND STORMWATER MANAGEMENT ON LAND AND LAND DISTURBING ACTIVITIES UNDER THE JURISDICTION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
(R101) S. 956 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R102) S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.
(R103) S. 941 -- Senators Martschink and Giese: AN ACT TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO CHANGE THE COMPOSITION OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.
(R104) S. 940 -- Senator Washington: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF UNITED WE STAND IN CHRIST IN COLLETON COUNTY.
(R105) S. 778 -- Senators Moore, Setzler and Shealy: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR AIKEN COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE AIKEN COUNTY ELECTION COMMISSION AND THE AIKEN COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW AIKEN COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
(R106) S. 508 -- Senators Land and Holland: AN ACT TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY FOR EACH INCIDENT TO ONE HUNDRED EIGHTY DAYS.
(R107) S. 317 -- Senators Lourie, Giese and Passailaigue: AN ACT TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO DELETE THE PROVISION THAT EACH OWNER OF A PART OF THE FEE OR LIFE ESTATE OWNS EQUAL INTEREST IN THE HOMESTEAD AND PROVIDE THAT A PERCENTAGE OF OWNERSHIP LESS THAN FIVE PERCENT IS CONSIDERED TO BE FIVE PERCENT.
(R108) S. 879 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL SAFETY ASSESSMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1371, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R109) S. 70 -- Senators Rose and Wilson: AN ACT TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-455, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO DESIGNATE A TIME EACH SCHOOL DAY FOR THE "PLEDGE OF ALLEGIANCE".
(R110) S. 569 -- Senator Drummond: AN ACT TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO PROVIDE FOR THEM TO BE CERTIFIED AS WELL AS APPROVED AND DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE AND THE REFERENCE TO THE USE OF THE STILLINGS' TEST OR ITS EQUIVALENT; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO INCREASE THE SIZE OF LICENSES AND BRANCHES REQUIRED BEFORE EXAMINATION, AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.
(R111) S. 761 -- Senator Drummond: AN ACT TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS; TO AMEND SECTION 50-9-500, RELATING TO THE RESERVOIRS, LAKES, AND STREAMS FRESHWATER FISHING PERMIT FOR NONMANUFACTURED TACKLE AND NATURAL BAIT, SO AS TO PROVIDE FOR A NONRESIDENT THREE-DAY PERMIT FOR A FEE OF THREE DOLLARS; AND TO AMEND SECTION 50-13-1760, RELATING TO THE SALE OF WHITE PERCH, SO AS TO EXTEND THE PERIOD FOR THE LAWFUL SALE OF WHITE PERCH.
(R112) S. 177 -- Senators Martschink and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES AND PROVIDE EXCEPTIONS AND FOR CIVIL ACTION; TO AMEND THE 1976 CODE BY ADDING SECTION 15-75-51 SO AS TO PROVIDE WHEN THE PENALTY FOR VIOLATIONS OF SECTION 15-75-50 MAY BE IMPOSED; AND TO PROVIDE AN EXEMPTION FROM THE SECTIONS.
(R113) S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND SERVING IN OR CALLED TO ACTIVE DUTY AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE SERVING IN OR CALLED TO ACTIVE DUTY AS A RESULT OF OPERATION DESERT SHIELD, TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS, AND TO AUTHORIZE THE TAX COMMISSION TO ADOPT FOR STATE TAX PURPOSES ANY EXTENSIONS FOR FILING RETURNS AND PAYING TAXES ENACTED BY CONGRESS FOR MILITARY PERSONNEL PARTICIPATING IN OPERATION DESERT SHIELD AND OPERATION DESERT STORM.
(R114) S. 349 -- Senator J. Verne Smith: AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.
(R115) S. 949 -- Senators J. Verne Smith and Stilwell: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF PRECINCT 56, PLEASANT GROVE, AND PROVIDE FOR A NEW POLLING PLACE FOR THAT PRECINCT, AND TO ESTABLISH A NEW PRECINCT, NAMELY, 56A, RIVERSIDE, AND PROVIDE FOR ITS POLLING PLACE.
(R116) S. 227 -- Senator Rose: AN ACT TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.
(R117) S. 18 -- Senator Passailaigue: AN ACT TO AMEND SECTION 7-13-351, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.
(R118) S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 96 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO PROVIDE FOR EXISTING REGULATIONS; TO PROVIDE THAT ALTERNATIVE FINANCING FOR IMPLEMENTATION OF SOLID WASTE POLICY IS INTENDED; AND TO DIRECT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION AND THE JOINT LEGISLATIVE COMMITTEE ON ENERGY TO REVIEW USE OF SOLID WASTE AS A SOURCE OF FUEL FOR PRODUCING ELECTRICITY.
(R119) S. 662 -- Senator Waddell: AN ACT TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; TO AMEND SECTION 9-1-1710, RELATING TO ESTABLISHMENT OF RETIREMENT SYSTEM CREDIT FOR OUT-OF-STATE SERVICE, SO AS TO PROVIDE THAT THE REQUIRED PAYMENT MAY BE ESTABLISHED BY PAYROLL DEDUCTED INSTALLMENT PAYMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.
(R120) S. 784 -- Senator Wilson: AN ACT TO AMEND SECTIONS 59-107-40, 59-107-50, 59-107-60, 59-107-70, 59-107-100, 59-107-160, 59-107-180, and 59-107-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSTITUTION BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE BONDS ARE AUTHORIZED AND ISSUED; TO AMEND SECTION 11-27-30, RELATING TO THE EFFECT OF THE CONSTITUTION OF THIS STATE ON ALL STATE BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN STATE BONDS AND NOTES MUST BE ISSUED AND DELIVERED; TO AMEND SECTION 11-21-60, RELATING TO THE DISPOSITION OF THE PROCEEDS OF REFUNDING BONDS, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF THESE PROCEEDS; AND TO REPEAL SECTIONS 57-11-350 RELATING TO THE EXECUTION OF STATE HIGHWAY BONDS, 59-71-500 RELATING TO THE EXECUTION OF STATE SCHOOL BONDS, 59-107-130 RELATING TO THE EXECUTION OF STATE INSTITUTION BONDS; AND SECTION 13 OF ACT 1377 OF 1968 RELATING TO THE EXECUTION OF STATE CAPITAL IMPROVEMENT BONDS.
(R121) S. 730 -- Senator Land: AN ACT TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.
(R122) S. 262 -- Senator Nell W. Smith: AN ACT TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.
(R123) S. 512 -- Senators Land and Holland: AN ACT TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
(R124) H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.
(R125) H. 3449 -- Reps. Townsend and Cooper: AN ACT TO AMEND SECTION 40-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO REGULATE THE PRACTICE OF FUNERAL SERVICE AND TO REQUIRE CONTINUING EDUCATION FOR LICENSEES, SO AS TO EXEMPT FROM THE CONTINUING EDUCATION REQUIREMENT PERSONS WHO ARE NOT THE MANAGER OF RECORD OF A FUNERAL HOME, FUNERAL ESTABLISHMENT, OR MORTUARY WHO HAVE BEEN LICENSED THIRTY OR MORE YEARS OR WHO HAVE ATTAINED AGE SIXTY, TO DELETE SURPLUS LANGUAGE, AND TO EXEMPT ALL LICENSEES FROM THE CONTINUING EDUCATION REQUIREMENT UNTIL THE BOARD OFFERS CORRESPONDENCE CONTINUING EDUCATION COURSES.
(R126) H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
(R127) H. 3120 -- Rep. Harwell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-706 SO AS TO PROHIBIT THE USE OF ARTIFICIAL LIGHTS FROM A VEHICLE OR WATER CONVEYANCE TO OBSERVE OR HARASS WILDLIFE IN GAME ZONES 9 AND 10, PROVIDE EXCEPTIONS AND PENALTIES, AND AUTHORIZE THE LAWFUL HUNTING OF RACCOON AND FOX.
(R128) H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: AN ACT TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
(R129) H. 3548 -- Rep. Koon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT AN APPLICANT FOR A CLASS D FIRE EQUIPMENT DEALER LICENSE OR A CLASS D FIRE EQUIPMENT PERMIT MUST PROVIDE PROOF OF CERTAIN TRAINING, AND TO AUTHORIZE THE STATE FIRE MARSHAL TO CHARGE LICENSE AND PERMIT FEES WHEN ISSUING THESE LICENSES OR PERMITS.
(R130) H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.
(R131) H. 3317 -- Reps. Boan and McElveen: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE WAITING PERIOD WAIVER DOES NOT APPLY TO A PERSON WHOSE POLICY HAS BEEN TERMINATED OR RESCINDED INVOLUNTARILY DUE TO A MATERIAL MISREPRESENTATION AND TO CLARIFY THAT A PERSON IS INELIGIBLE FOR POOL COVERAGE IF OTHER HEALTH INSURANCE UNDER WHICH THEY ARE COVERED OR ELIGIBLE IS COMPARABLE TO THAT OFFERED BY THE POOL.
(R132) H. 3318 -- Reps. Boan and McElveen: AN ACT TO AMEND ACT 127 OF 1989, RELATING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO DESIGNATE A PORTION OF THAT ACT AS SECTION 38-74-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO PROVIDE THAT THE COLLECTION OF ASSESSMENTS FROM MEMBERS OF THE POOL IS FOR CLAIMS INCURRED OR ESTIMATED TO BE INCURRED UNDER THE PLAN RATHER THAN FOR CLAIMS PAID UNDER THE PLAN.
(R133) H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: AN ACT TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS; TO AMEND SECTION 48-27-190, RELATING TO THE EXPIRATION AND RENEWAL OF LICENSES FOR FORESTERS, SO AS TO CLARIFY THE PROVISIONS OF THE SECTION; AND TO EXEMPT REGISTERED FORESTERS WITH THIRTY YEARS' EXPERIENCE OR AT LEAST SIXTY YEARS OF AGE FROM THE REQUIREMENTS FOR CONTINUING EDUCATION OR OTHER ASSESSMENT OF CONTINUED COMPETENCE.
(R134) H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.
(R135) H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES AND PROVIDE THAT COMPANY TRAINING OFFICERS CERTIFIED BEFORE OCTOBER 3, 1986, ARE NOT REQUIRED TO BE RECERTIFIED WITHIN ONE YEAR OF THE ENACTMENT OF THIS AMENDMENT; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO DELETE THE CHARACTER REQUIREMENT, PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES, DELETE THE AUTHORIZATION OF THE DIVISION TO SET LICENSE FEES BY REGULATION, REQUIRE PRIVATE SECURITY BUSINESS LICENSEES TO DISPLAY THE LICENSE CERTIFICATE; TO AMEND THE 1976 CODE BY ADDING SECTION 40-17-75 SO AS TO REQUIRE REGISTERED PRIVATE DETECTIVES TO PROVIDE THE DIVISION THE ADDRESS OF EACH BUSINESS LOCATION AND BRANCH OFFICE AND CHANGE OF ADDRESS; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES AND REVISE THE CIRCUMSTANCES FOR SUSPENTION AND REVOCATION AS REGARDS SERVICES TO BE PROVIDED; TO AMEND THE 1976 CODE BY ADDING SECTION 40-17-145 SO AS THE REQUIRE A PRIVATE DETECTIVE TO MAINTAIN AND MAKE AVAILABLE FOR INSPECTION COPIES OF WRITTEN CONTRACTS OUTLINING SERVICES TO BE RENDERED FOR THREE YEARS; TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS, AND PROVIDE FOR THE CONTINUATION OF CURRENT LICENSES.
(R136) H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS.
(R137) H. 3086 -- Rep. Rama: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A COUNTY MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT IN THE COUNTY PROVIDING FIRE PROTECTION SERVICES FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R138) H. 3083 -- Rep. Manly: AN ACT TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION AND TO REVISE CERTAIN ELECTION PROCEDURES CONTAINED IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, AND TO PROVIDE FOR CERTAIN PROCEDURES AND ELECTION DATES IN REGARD TO THIS PROVISION.
(R139) H. 3145 -- Rep. Rama: AN ACT TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.
(R140) H. 3855 -- Rep. Jaskwhich: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.
(R141) H. 3623 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WIC VENDOR REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1236, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R142) H. 3557 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE ADMINISTRATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1328, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R143) H. 3556 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO GROUNDS FOR REVOCATION OF LICENSE; CHARGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1329, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R144) H. 3936 -- Reps. Ross and T.C. Alexander: AN ACT TO ALLOW THE SCHOOL DISTRICT OF OCONEE COUNTY TO RECEIVE BIDS ON MORE THAN ONE ISSUE OF GENERAL OBLIGATION BONDS AT A TIME AND TO AUTHORIZE THE DISTRICT TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.
(R145) H. 3002 -- Rep. Kirsh: AN ACT TO AMEND SECTION 4-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF A COUNTY AS A RESULT OF AN ELECTION AND THE TIME LIMIT FOR THE ISSUANCE OF THEM, SO AS TO EXTEND THE TIME LIMIT FOR THE ISSUANCE OF THESE BONDS FROM THREE TO FIVE YEARS AND TO PROVIDE THAT THE FIVE-YEAR PERIOD IS TOLLED WHILE LITIGATION CONTESTING THE VALIDITY OF THE ELECTION IS PENDING.
(R146) H. 3289 -- Rep. J. Bailey: AN ACT TO AMEND SECTION 51-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE OLD EXCHANGE BUILDING COMMISSION, SO AS TO PROVIDE A PROCESS FOR FILLING VACANCIES.
(R147) H. 3021 -- Rep. Gentry: AN ACT TO REPEAL SECTION 14-23-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR A JUDGE OF PROBATE TO FILE A DESCRIPTION OF THE REAL ESTATE OF A DECEASED PERSON WITH THE COUNTY AUDITOR AND SECTION 30-9-60, RELATING TO THE INDEXING OF THE TRANSFER OF TITLE TO REAL PROPERTY BY WILL OR INHERITANCE.
(R148) H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley and McAbee: AN ACT TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT; AND TO AMEND SECTION 9-1-440, RELATING TO AN APPLICATION FOR MEMBERSHIP IN THE RETIREMENT SYSTEM AFTER ELECTING NOT TO APPLY AND SERVICE CREDITS, SO AS TO AUTHORIZE A CURRENT CONTRIBUTING SYSTEM MEMBER, WITH PRIOR SERVICE AS A MAGISTRATE OR HIS EMPLOYEE FOR WHICH THE ONLY COMPENSATION WAS FEES, TO ELECT TO RECEIVE PRIOR SERVICE CREDIT UPON PAYING THE REQUIRED COST.
(R149) H. 3382 -- Rep. Kirsh: AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND SECTION 9-11-50, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS OF THESE SYSTEMS AT RETIREMENT, AFTER MARCH 31, 1991, SHALL RECEIVE CERTAIN RETIREMENT SERVICE CREDITS FOR NOT MORE THAN NINETY DAYS OF THEIR UNUSED SICK LEAVE.
(R150) H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT; AND TO AMEND SECTION 44-15-60, RELATING TO COMMUNITY MENTAL HEALTH BOARDS, SO AS TO AUTHORIZE CONSECUTIVE SERVICE AND DELETE OBSOLETE PROVISIONS.
(R151) H. 3140 -- Rep. Rama: AN ACT TO AMEND SECTION 16-17-446, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMATICALLY DIALED ANNOUNCING DEVICES, SO AS TO INCLUDE CALLS OF A POLITICAL NATURE, PROHIBIT THE DEVICES, PROVIDE EXCEPTIONS, AND PROVIDE A PENALTY.
(R152) H. 3667 -- Reps. Wright, Klapman and Koon: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.
(R153) H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: AN ACT TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
(R154) H. 3609 -- Reps. Hodges and Hayes: AN ACT TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT THESE PLATES ONLY MAY BE ISSUED TO PERSONS WHO SELL TEN MOTOR VEHICLES IN A TWELVE-MONTH PERIOD.
(R155) H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: AN ACT TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.
(R156) H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: AN ACT TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.
(R157) H. 3628 -- Rep. Beasley: AN ACT TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-1555, RELATING TO SPEED LIMITATIONS OF MOPEDS, SO AS TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
(R158) H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
(R159) H. 3268 -- Fairfield County Delegation: AN ACT TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED AND TO PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO THE BOARD AND THE FUNDS AND BUDGET OF THE SCHOOL DISTRICT.
At 12:50 P.M. the House resumed, the SPEAKER in the Chair.
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendment proposed by the House to S. 62:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Very respectfully,
President
Rep. WILKINS moved to adjourn debate upon the message, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of be changed to that of an Act, and that it be enrolled for ratification.
S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.
Rep. FELDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3938 -- Reps. P. Harris, Waldrop and Neilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING MAY 5, 1991, AS "OLDER SOUTH CAROLINIAN WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
At 12:59 P.M. the House in accordance with the motion of Rep. R. YOUNG adjourned in memory of Dr. Gerald R. Hasty of Charleston, to meet at 10:00 A.M. tomorrow.
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