Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 2440, Feb. 24 | Printed Page 2460, Feb. 24 |

Printed Page 2450 . . . . . Thursday, February 24, 1994

A. Well, we would have to look at both sides. The company has to be able to survive to continue to provide service and we -- the people they serve would have to have -- be able to afford the power or whatever. So we have to look at both sides.
Q. What utilities does the Public Service Commission regulate?
A. The power companies, electricity, the railroad, the water, the telephone, the transportation and that's about it.
Q. Are you familiar with the concept of wheeling, w-h-e-e-l-i-n-g, at all, Mr. Saunders?
A. No, I'm not.
Q. How about the name lata, l-a-t-a? Are you familiar with what lata is?
A. No. Huh-uh.
Q. How about the concept of generational mix --
A. (Witness shakes head in the negative).
Q. -- of fuels?
A. (Witness shakes head in the negative).
Q. Should the Public Service Commission take an active role in making South Carolina's environment cleaner?
A. When you say active, how do you mean that?
Q. Well, I guess I'm asking you if you were going to do it, how active could you be?
A. I don't know. I think that the commission could -- could really be involved in helping the -- the companies that they are dealing with to help them to do a better job that some have been doing and also dealing with -- even with the consumer.
Q. Mr. Saunders, you are a father of ten children, I believe; is that correct?
A. Yes.
Q. And you have significant business obligations, I believe, in terms -- you continue to serve as president of WPAL in Charleston; is that correct?
A. (Witness nods in the affirmative).
Q. What are your plans for your business and family interests and how that would impact on your service on the Public Service Commission?
A. My children are all grown. The youngest one is 24, so they're basically on their own except when they boomerang back home every now and then.

As it relates to my business, I got people that was in my business that runs my business. The young lady that is my station manager and vice president has been with the station longer than I have, so I don't have a problem. My thing in my business is still the decision maker.


Printed Page 2451 . . . . . Thursday, February 24, 1994

Q. How much time would you anticipate spending in -- in your position as a Public Service Commissioner on a weekly basis?
A. I don't know that. I would assume that it would take at least five days or more to, at least, get started with it.
Q. You had indicated on your form that you were an unsuccessful candidate for the State Senate, I believe, in 1980?
A. Yes.
Q. And that you were defeated in the General Election; is that correct?
A. Uh-huh.
Q. Have you pursued elected office since then?
A. No. I was -- at that particular time, we ran At Large and when you lose, you basically lose by yourself. It took me ten years to pay off the debt that I incurred.
Q. Mr. Saunders, what is Gresham Communications?
A. That's just another broadcast communication company that I own.
Q. And what type of work or type of broadcast does it have? Is it -- if WPAL is an AM station providing radio broadcasts, what does Gresham provide?
A. Right now, we're putting on FM.
Q. So this is the getting it off the ground? This is the company getting FM off the ground?
A. Yeah, but I've had it for about a year.
Q. Do you have partners in your business with WPAL or Gresham?
A. Communications?
Q. Do you have -- either one of those, are you in partnership or do other folks own stock in either of those two companies?
A. Yeah, people own stock.
Q. Are any of those other investors actively involved in the utility business?
A. No.
Q. Or are any of those six shareholders municipalities or Public Service Districts?
A. Ask that one again.
Q. Do any of the shareholders -- of the other shareholders in those two companies, are any of them actively involved in the management of a utility company or are any of them owned by a public entity which would be a city or a public service district?
A. No.
Q. Do you own any utility stocks?
A. No.
Q. Does your wife own any utility stock?

Printed Page 2452 . . . . . Thursday, February 24, 1994

A. No.
Q. I believe you mentioned from time to time children boomerang back into your household. Is there anyone living with you in your household that owns utility stock?
A. No.
Q. Mr. Chairman, we had -- as with all candidates asked SLED to assist us in a search of criminal and civil records and also asked for a credit report. We have received a report back both from SLED and from Equifax Credit Information Services.

Mr. Saunders, I had asked you earlier in Executive Session if you had any objection to sharing this information with the committee in public session. I ask you once again, do you have any objection to sharing and discussing that information --
A. No.
Q. -- credit report? And indicating that he agrees to that.

Mr. Chairman, the first matter that came to the attention committee counsel was a confession of judgment dated June 2nd, 1993 from Mr. Saunders to a Mr. John H. Pembroke.

Mr. Saunders, I understand from listening to you briefly that Mr. Pembroke was a shareholder with you in the corporation that ran WPAL; is that correct?
A. Yes.
Q. And that you had a Buy Out Agreement whereby he took your note for payment of his interest, so you were buying his interest. And there was a disagreement as to how much you owed him, but because of some record keeping problems on both of your parts, I believe that you said, but that you had signed this confession of judgment this past June in the amount of $40,000; is that correct?
A. Right.
Q. Has that judgment been paid?
A. No, it has not. We're working on an acceptable agreement between me and him to pay it off. That's --
Q. Was suit brought by Mr. Pembroke before you entered into this confession of judgement?
A. Yeah.
Q. It was brought on the note -- the promissory note that you signed for him in December, 1983?
A. '85, I think.
Q. But he brought suit in order to collect the funds; is that correct?
A. Right, after the disagreement on how much it was supposed to be, but we paid him over $200,000 which was the original loan.


Printed Page 2453 . . . . . Thursday, February 24, 1994

Q. And the monies have not been paid, but you're continuing to try to work that out?
A. Right.
Q. Mr. Saunders, you have a report as we all do pretty much with Equifax Credit Reporting Service, your file has been active since 1975 by their information here. They indicate that you live on Johns Island, that your social security -- the social security number as I gave to you earlier is the same social security number indicated here. I don't care to report it and have it reported in the journal, but you agree that was your social security number?
A. Yeah.
Q. The employment that they indicated here, it was clear to you that they had the right person that they were reporting on; is that correct?
A. Yes.
Q. The entries that were of note and that we had discussed very briefly in Executive Session was an installment loan as indicated by the report with NationsBank. I believe you indicated -- excuse me, an installment loan relationship with GMAC that you indicate was actually a lease arrangement for a car?
A. Yes.
Q. The entry on the GMAC is what is categorized as an I-9. The code on the report says that would be an installment loan and that that 9 number would indicate that it was written off as a bad debt by GMAC. Could you please tell the committee your understanding of where you ended up in your relationship with GMAC on that lease?
A. Okay. Since 1980, we leased cars from the local Oldsmobile dealer in Charleston. And in 1988 when we leased a new Oldsmobile, our payments paid up because normally with those lease agreements your first and your last payment are paid up front, so you're not even supposed to have a payment in the end. So when you turn the car in, I should not even have had a payment at that particular point.

I know nothing about that particular payment, one payment of $349, until 1993 when we checked with the credit record and we tried get them to give us their record on it and they had nothing on it. But we went on and paid them $349 and they gave us a letter clearing that up. We have that record.
Q. Mr. Saunders, if you could --
A. And, again, I would like to also make sure that that car was leased to WPAL, Incorporated.
Q. Mr. Saunders, I had asked you earlier if you had personal guarantied that payment in some way and if you could provide documentation of how


Printed Page 2454 . . . . . Thursday, February 24, 1994

that came to be perhaps erroneously entered on your credit record or show that it was a corporate debt, I would appreciate it on the committee's behalf, you supplying that.

Additionally, there is an entry here for South Carolina National Bank for an installment loan which was more or less indicated also to be an open account. That the original loan amount was $80,000. The amount currently due on that account is $54,000. I believe that's their indication here as reported in February, 1992.

The rating given to that relationship is an O-9. O indicating that it was an open account. The 9 being once again that it was written off as bad debt. Are you familiar with that loan?
A. Yes, that's a loan again with WPAL, Incorporated.
Q. Are you aware of any type of collection proceedings brought by SCNB to recover those amounts from you?
A. We're still paying SCN a large note that SCN carried a bank note on our -- on our station at this point.
Q. Are they trying to collect on the $54,000?
A. It will be added to the back end of our note.
Q. So that was the agreement for the refinancing was for you to pick up that indebtedness?
A. Uh-huh.
Q. Could you provide evidence of that to the committee?
A. Okay.
Q. Mr. Saunders, you had at my request provided a copy of a letter that you had mailed out on October 10th, 1993. I'll be glad to provide you with a copy of it. Do you recall this letter, Mr. Saunders?
A. Yes.
Q. Is that your signature there?
A. Yes, sir.
Q. There are some attachments attached to that letter, two pages and I believe labeled "A Synopsis of Resume."
A. Yes, sir.
Q. Was that an attachment you included with the letter?
A. Yes, sir.
Q. Did you draft this letter, Mr. Saunders?
A. Yes, sir. Along with a couple of my daughters.
Q. If you wouldn't mind, I would like to read at least a portion of the letter into the record and include the letter in its entirety later. "Dear" -- and I take this letter was sent to members of the General Assembly; is that correct?
A. And some other people.


Printed Page 2455 . . . . . Thursday, February 24, 1994

Q. "This letter is my formal request to solicit your support for the Public Service Commissioner's position that became available due to the retirement of Marjorie Amos-Frazier." How many members of the General Assembly was this letter forwarded to, Mr. Saunders?
A. 170.
Q. So this letter went to all 170 members of the General Assembly?
A. Yes.
Q. Have you had any correspondence back from any members of the General Assembly?
A. Probably about eight or ten.
Q. In that correspondence, what did it tend to say?
A. It said -- one of them would say to me that after the screening committee, come and see me. One would said to me that we need to make sure that you're doing -- talking to your delegation and make sure that you learn such and such a thing. And I got the kind of support because that's what I think support means and that's what everybody respond back to me.
Q. Did anybody offer a pledge of support in terms of voting for you?
A. No, sir. Everybody talked about after the screening.
Q. Were you aware of provisions in the law that prohibit you from asking for a pledge of support prior to your being screened at the time that you wrote this letter?
A. Okay. You're changes words on me now and I was thinking about pledging of a vote.
Q. But I guess what I'm stating is the law. The law says that no candidate shall seek a pledge of vote from any member of the General Assembly prior to a screening report being issued?
A. Right. And --
Q. Were you aware that the law said that at the time that you sent this letter?
A. No, sir, I was not.
Q. So what was your intention, your intention at the time you sent the letter? What were you seeking from individuals that you mailed it to?
A. I was seeking, number one, for people to know me, who I was and also to give me feedback in terms of kind of things that I should -- could or should be about doing as it relates to the Public Service Commission and things that would be beneficial to me after the screening.
Q. Mr. Saunders, when you -- at least as counsel reads the letter, he attaches some importance to the word -- use of the word "formal.". Why is the word "formal" modifying the word "request" there? What was your intention to use that word?

Printed Page 2456 . . . . . Thursday, February 24, 1994

A. I have no -- I didn't -- I did not put any -- anything on that word. Again, my daughter used that word. I'm not that up with English that it makes that much difference to me.
Q. When you use the word "formal," what does that mean?
A. Formal like formal clothing or formal things likes that, I don't --
Q. Formal in the sense that it's not something that's casual or something that you're likely to change your mind on, is that it?
A. I would buy that, too. One of the -- one of my concerns is still -- it still would have been a concern of mine is that even the timing of the article in the paper run this morning. The timing was just unbelievable.

And there were so many times, I knew some of the things that was happening and there were people saying in this -- especially in this city that I had dropped out of the race all the time and that I wanted to make sure that everybody understood that I was in and that I was going to be in until you guys to decide here today whether I'm going to be in or not.
Q. And the word "support," would you please explain one more time what support you were seeking from -- you said you sent it to 170 members of the General Assembly and to other individuals. What other individuals did you mail this to?
A. Well, I mailed it to some other people that I know that have been involved in the -- in the political arena and that know things about what's going on. I sent it to Lieutenant Governor Nick Theodore. And the kind of support that I was looking for, the Lieutenant Governor called me back and said, "Bill, you know, you have to make sure" -- one of the questions that he raised with me, he said that if you're going to go after this office, you're going to have to spend a lot of time in Columbia, you're going to have to do certain things with your business. That's the kind of feedback and that's the kind of thing that I call support.
Q. What other types of support did you seek? I mean if it were not just somebody that you -- was it more than just getting folks to call you back and say, "I think you're a good man and I think you ought to run?" Were you looking for financial support at all in your race?
A. Not financial support, but I was also looking for negative feedback in terms of, well, I don't think that you're going to be able to make it. I'd like somebody to wrote back or call me back and say you need to know about, make sure that you're looking at who all is going to be in the race, how you're going to come to vote after this screening and those kind of things. That's the kind of education that I need.
Q. Did you say that of all the letters that you received back from members of the General Assembly, no one offered a pledge of their vote?
A. No, sir.


Printed Page 2457 . . . . . Thursday, February 24, 1994

Q. Would you mind sharing those letters, responses back? Have you saved those, Mr. Saunders?
A. I think I did.
Q. Would you share those letters back with the committee? You're welcome to -- or forward it to me. Mr. Saunders, now that you've gone through a good bit of the process, are there any recommendations you have for improving the screening process for election of candidates to the Public Service Commission?
A. I don't know, sir. I guess that there is nothing you can change. I think the people that have been more involved in things are going to have to be scrutinized more and I think that there is no way that you can change that kind of process.
Q. And those people being incumbent commissioners you're talking about?
A. Not just them. Anybody that has been around a long time and been involved a long time, you've been involved, so you might make a lot of friends, but you also made enemies. You also have made mistakes and those kinds of things shows up and I'm hoping that there is a way that you can weigh those kind of things that -- against people that are coming in for the first time that have never done anything at all, so they got a beautiful clean slate, but somebody that's been involved for 35 years will not have that clean slate.

We've made some bad mistakes and -- but also have done some good and I'm hoping that the screening committee at least have an -- at least take a look when this is over at how do you do to ensure that people -- everybody is getting a fair shake and those kinds of things.
Q. Is there anything that you would recommend that would give -- have given you a fairer shake in this process?
A. That would give me a fair shake?
Q. Have given you a fairer shake in this process today?
A. Well, I -- you know, the jury is still out on that. I don't know. But I just -- for the future, that's what I would be concerned about, how these things work because I think that they -- it seems to be the mood in our country today that anybody that has been semi successful or been near doing good are being criticized by everybody.

I watched Admiral Inman and a lot of other people are getting out of the process simply because of all of the negatives. If something is negative, you want it. If it's positive, you don't want it.
Q. Is there anything else that you would like to share with the committee in terms of that you've not been allowed to share in terms of qualifications?


Printed Page 2458 . . . . . Thursday, February 24, 1994

A. No. Thank you for having me.
Q. Thank you. Mr. Chairman, I have no further questions.
REPRESENTATIVE WILKES: Are there any questions of the candidate by the committee? Senator Jackson.
EXAMINATION BY SENATOR JACKSON:
Q. Thank you, Mr. Chairman. Mr. Saunders, I want to commend you for being willing to become a public servant and to spend your time serving the citizens of South Carolina. Let me ask you a question as it relates to the letter.

Is it your opinion or is it your belief that this letter served as a formal notification to legislators as well as friends that you are or that your plans are or were at that time to enter this race, so it was a formal notification as opposed to a letter asking for a committed vote?
A. Yes, that's what -- that's what it was. That was -- I'm not asking for a vote at that particular point. I try not to ask anybody for anything unless I -- but what they going to do? And most of the people -- understand the people don't know me, that I want to make sure that they know me before I got to that, so I would have need to have met them face to face before I asked for a vote.
Q. So the word formal was probably more in line of formally saying that you plan to be a candidate for this position considering the fact that you said earlier that there was talk of you not being a candidate in this?
A. Yes, sir.
Q. Okay. Thank you.
SENATOR COURTNEY: Mr. Chairman?
REPRESENTATIVE WILKES: Yes.
EXAMINATION BY SENATOR COURTNEY:
Q. Mr. Saunders, I want to thank you for being willing to answer questions that I know have to be embarrassing to you. It's certainly not easy to ask some of these questions, but you have been involved in the political process over the years it appears.

I think you ran for the State Senate in 1980. And in that you went into a primary race and a run off and then ran in the general election, I believe. And I understand somebody makes mistakes and especially pertaining to the ethics law. Even a lot of legislators, they still don't know exactly how it applies to them and I certainly respect someone who is willing to say that they made a mistake because they didn't understand the law.

My problem is with the letter asking for support and not knowing what support means and you being a former candidate and so forth, I would


Printed Page 2459 . . . . . Thursday, February 24, 1994

assume that in a political race or in your political race, when you asked for support, you were asking for votes, aren't you?
A. No. When we just asked for support, we're just basically asking for money or being able to be willing to work in campaign, to help, to ask for -- we used to have a saying one time, we could never prove that you're going to vote for me. Even when you go into the booth, I don't know you're going to vote for me, but if you support me then you help me to do certain things. It had nothing to do with votes.
Q. I can understand that, but I think the law reads more or less that not only can you not seek support, and I use support meaning a pledge or a vote, or even a third party directly or indirectly to seek any support or pledge for you also. And you have some difficulties with your definition of support.

I think you said earlier that you meant feedback when you said support in your letter, but no where in your letter do you ask anyone to call you and advise you about any procedures for you to use, what you should do toward helping to obtain this hearing and like that and just using the words -- or the word "solicit your support" twice in the letter. And, again, you still stand on it that you didn't simply make a mistake and that actually you thought you could go ahead and ask for a pledge, so to speak, at the time that you wrote the letter?
A. No. What you're saying to me and somebody else has said that our definition of what I felt within myself and still feel, I don't mind going on and saying that it was wrong, if you feel that it was wrong.

I did not feel that it was and I didn't do it with the only intent for it to be wrong and that's -- that's the key thing to me. It had no intention of doing anything against the law and I don't want to do that. I have not been in the habit of doing that and I will not do that. That was not my intent.
Q. I believe that and I'm -- that's what I'm trying to ask, were you really just confused as to what the law was at the time and maybe were seeking pledges and you just simply made a mistake because you didn't understand the law?

Are you still saying that by asking for support, you weren't asking -- actually asking for pledges?
A. I was not asking for votes, but I did not understand that. I didn't even know the law in the beginning, but still when I went back and read -- I don't want to get into an argument about the definition because people seem to have different definitions for what it is and what -- I come from a part of the country that we even speak a different language altogether. Something called Gullah (phonetic).


| Printed Page 2440, Feb. 24 | Printed Page 2460, Feb. 24 |

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