1994 Permanent House Journal Printed Pages 2480-2489 - South Carolina Legislature Online

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 2470, Feb. 24 | Printed Page 2490, Feb. 24

Printed Page 2480 . . . . . Thursday, February 24, 1994

often going to be called upon to wear for the Public -- as a Public Service commissioner?
A. Well, I -- I would think that it would be more in the line of a judge. A judge or a jury where you simply gather all of the -- you would hear all of the information and then you would have to make the decision based on the information that you have gathered.
Q. Is affordable power and gas and transportation something that would be important to you as it relates to the public? Would that be something that you would seek?
A. Certainly, it would be.
Q. And how about as to the environment, would you think it would be part of your role to make sure that we keep the environment as clear as possible?
A. Yes, we would certainly have to -- have to do that.
Q. I think both of those are very laudable from a personal standpoint, but at what point do you have to balance those two desires of affordable, clean energy with the right of a company to make a profit? How are you going to balance those things?
A. Okay, the question is how will I balance the two, the environment versus --
Q. Well, the environment and the desire to have affordable power or fuel on one hand and with the need for a company whether it be SCE&G or whomever to make a profit?
A. Okay. Okay. Number one, I understand that companies are in business to make money. Okay, but at the same time they have to look out for the environment because if you don't, eventually you're not going to have a customer out there to deal with.
Q. Mr. Tyler, do you own any utility stock?
A. No.
Q. Does your wife or anyone in your household own any utility stock?
A. No.
Q. I believe -- is your wife retired as well now?
A. No, she's still working.
Q. And she is employed by whom?
A. The Jasper County Board of Education.
Q. In addition, Mr. Tyler, you had an opportunity today to review your PDQ summary, I believe. Have you reviewed that, your Personal Data Summary that we supplied to you this morning?
A. No, I did not -- I did not get a copy of it.
Q. We need you to do that after you leave here to make sure that we include it in the record. Would you agree to once you've had an

Printed Page 2481 . . . . . Thursday, February 24, 1994

opportunity to review and correct it for it to be a part of this record? Would that be fine with you?
A. Yes.
Q. Thank you. Mr. Chairman, I have no further questions at this time.
THE CHAIRMAN: Any questions from members of the committee?
SENATOR COURTNEY: Mr. Chairman?
THE CHAIRMAN: Senator Courtney.
EXAMINATION BY SENATOR COURTNEY:
Q. Mr. Tyler, looking over your questionnaire summary, I notice you have a strong background in mathematics and I think that's important for someone sitting in the position that your seated. Would you briefly go over the types of courses and all that you've had as far as mathematics are concerned?
A. Okay. I've had high school and high school mathematics. And then in college, I've had the college algebra. I've had calculus. I've had trigonometry and I've had some differential calculus. And I've also had statistics.
Q. You have taught mathematics and science in the school level, I believe; is that correct?
A. Yes.
Q. How long have you taught those subjects?
A. For 31 years.
Q. What particular courses have you taught in mathematics?
A. Okay, I've taught algebra and general math.
Q. What level was that?
A. This is the junior high and middle school.
Q. Mr. Tyler, you have also been involved in politics. Apparently you've been involved in the Democratic Party it shows and you served as chairman some time.

Have you been involved in any political races in the last four to six years as far as being directly or indirectly involved in political campaigns, helping someone or donating funds to campaign for anyone in the General Assembly?
A. No, I think I may -- okay, I resigned from the Party in 1990 because of the postal job that I was about to take. I was chairman up until that point.
Q. Is there anyone sitting in the Assembly at this time, though, that you have helped as far as their political campaign is concerned?
A. No.
Q. In the General Assembly?
SENATOR JACKSON: In the General Assembly as a whole?

Printed Page 2482 . . . . . Thursday, February 24, 1994

A. No. Wait, wait, wait, back -- back up again, I want to make sure. Okay, when you said help --
Q. Work in their campaign and donated money to their campaign or anything like that? There is nothing wrong with it. I'm just asking --
A. Well, I'm trying to -- I have not worked directly in the campaign of Representative White, Kennedy. And if I donated money, it would not have been a substantial amount. I don't recall.
Q. None of us give substantial amounts. Mr. Tyler, you mentioned earlier or I think I understood you to say that you would be a strong advocate for the consumer in South Carolina?
A. Yes, I --
Q. If you had a scenario where a utility company came before you and showed a definite and clear need for a rate increase, but at that particular time it was may be a down turn in the economy, personal bankruptcies were up and more or less a recession, the consumers are having a hard time, do you know what your leaning would be in a situation like that?
A. Would you repeat that scenario again?
Q. I don't know if I can. I'm just asking you, you said you would be a strong advocate for the consumer and if a utility company came before you with a clear and definite need for a rate increase, but at the same time it was a bad time in the economy that jobs were -- unemployment rate was up and consumers were having a hard time, bankruptcies were up and so forth, what would be your leaning as far as an increase in the utility in a situation like that?
A. I would have to lean -- after having -- understand this now, I'm going to have to, along with the other commissioners, take all the facts that are there, okay. And if it comes out favorable, okay, to the consumer, okay, to the consumer, the economy is to a point where it will be detrimental, okay, then I would have to deny or cut down on the amount that's being asked for.
Q. Do you see a need to balance the needs of the utility company with the problems that the consumer has, though?
A. Would you repeat that?
Q. Do you see a need to balance as far as the --
A. Yes. And then again we have to clearly understand that even if timing is bad, if the company cannot produce or do not have the funds to produce the electrical energy, then you're going to have to clearly look at that.
EXAMINATION BY REPRESENTATIVE WILKES:
Q. Mr. Tyler, you are currently serving on the Jasper County Board of Education?

Printed Page 2483 . . . . . Thursday, February 24, 1994

A. Yes.
Q. Some 18 years now?
A. 17.
Q. 17. That's certainly commendable. What would be your plans as to that elected position if you were elected to the Public Service Commission?
A. I'd have to resign that position.
Q. Thank you.
THE CHAIRMAN: Any other questions? Thank you so much?
A. Thank you.
THE CHAIRMAN: Thank you. You may be excused. Next.
MR. COUICK: Mr. Chairman, Mr. F. Lamarr Wiley is on his way down.

(Mr. Tyler agrees to admitting PDQ).

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Mr. Hubert Tyler

Home Address:

Route 3 Box 472

Ridgeland, SC 29936

2. He was born in Ridgeland, SC on May 23, 1934.

Social Security Number: ***-**-****.

3. S.C. Driver's License Number: *******;

S.C. Voter's Registration Number: 569468.

4. On September 15, 1957, he married Jessie Wright. He has three children: Yasmin Tyler-Hill, age 35 (medical doctor); Kahn Tyler-Smith, age 33 (teacher); and Khandra Y. Tyler, age 17 (college student).

5. Military service: U.S. Army, Rank E5, Discharged in 1954.
Serial #: RA14402943.

6. He graduated from Savannah State in 1959, with a B.S. in mathematics. He received a M.S. in education from Savannah State, Armstrong State Graduate Center in 1976. He attended S.C. State in 1961, Virginia State College in the summers of 1962, 1963, and

Printed Page 2484 . . . . . Thursday, February 24, 1994

1964, and the University of Vermont in the summers of 1967 and 1968.

7. He has served on the Jasper Board of Education from 1976 to present.

8. He has been defeated previously for a seat on the Public Service Commission.

9. He taught mathematics and science for the Beaufort County Board of Education from 1959 to 1990.

19. He was employed with the U.S. Postal Service in Hardeeville, S.C. as a substitute rural carrier in 1990. His supervisor was Michael Sibilio.

26. Professional organizations: S.C. Education Association (retired); National Education Association (retired).

27. Civic, charitable, etc. organizations:V.F.W. Post 6559 (commander for 12 years); NAACP Ridgeland Branch; Shiloh Masonic Lodge #92; Craddle- Simmons Consistory #360; Jasper County Board of Education (chairman for the past 6 years); St. John A.M.E. Church; Beaufort-Jasper Career Board; Jasper County Democratic Party (chairman for 10 years).

29. Five letters of reference:

(a) Dr. Curtis Brantley

P.O. Box 527

Hardeeville, SC 29927

784-6431

(b) Dr. William Singleton

P.O. Box 848

Ridgeland, SC 29936

726-7205

P.O. Box 848

Ridgeland, SC 29936

726-7220

Printed Page 2485 . . . . . Thursday, February 24, 1994

(d) Ms. Helen Rivers

Palmetto Federal Savings

Ridgeland, SC 29936

726-8186

(e) Mr. J.N. Malphrus, Jr.

602 2nd Avenue

Ridgeland, SC 29936

726-3175

30. First District.

MR. COUICK: Come around to the seat here on the far left, the witness box and if you would go ahead and pull out your driver's license or your voter's registration certificate. And while you're standing there, Mr. Wiley, and you're putting that up, please go ahead -- I'm sorry. While you're standing there, I'll administer the oath to you. Raise your right hand please.
FLEMISTER LAMARR WILEY, having been duly sworn, testified as follows:
MR. WILEY - EXAMINATION BY MR. COUICK:
Q. Mr. Wiley, I'm looking now at your driver's license and it indicates that you reside at 7 Glenwood Avenue, Charleston, South Carolina, 29403 and that your voter registration indicates the same address. Is that the correct address?
A. That is the correct address.
Q. Thank you. Would you state for the committee your full name please?
A. F. Lamarr Wiley.
Q. I'm sorry. We're barely hearing you, Mr. Wiley. You might pull that mike just a little closer to you. Thank you.
A. Can you hear me now?
Q. Yes, sir. Please state your name again, if you will?
A. Excuse me?
Q. Please state your name again for the record?
A. F. Lamarr Wiley.
Q. F. Lamarr Wiley. Thank you. Mr. Wiley, what is your interest in the Public Service Commission? What has propelled you to run for the Public Service Commission? What causes you to want to serve there?
A. This is a job that I need. In coming to South Carolina almost 33 years ago, I came with a mission and that mission was to serve South

Printed Page 2486 . . . . . Thursday, February 24, 1994

Carolina. For the past 22 years, I have served Charleston County as the Park and Recreation commissioner.

I have served in various capacities of that commission and with the experience as the commissioner at the county level, I can very easily bring that experience to the state level.
Q. What is your present employment situation, Mr. Wiley?
A. I am employed with the Marriott corporation at the Medical University of South Carolina.
Q. The Marriott supplies food and catering services there or --
A. Food and catering and service industry. It -- I am the management service division.
Q. How long have you been with the company?
A. I've been with Marriott almost five years now.
Q. The reason I ask you the question is there is in it -- a question on your statement of economic interest form as to receiving income fees or payments from a governmental source. I take it that the money you receive your payment is actually from Marriott as opposed to MUSC; is that correct?
A. That's correct.
Q. Thank you. I appreciate that.
A. We contract -- we're contracted at MUSC.
Q. Mr. Chairman, as with all candidates, we have made a review of the SLED report and the credit report, both indicate positive in that there are no negative entries. I would like to have that put on the record.

Mr. Wiley, I believe earlier today you might have gotten a copy of your Personal Data Questionnaire summary and had an opportunity to review it?
A. Yes.
Q. Are there any corrections you would like made prior to it being made a part of this record?
A. None other than the fact that my daughter is 10 years old instead of 11.
Q. Okay. Thank you. As to your employment with the Marriott Corporation there at MUSC should you be elected to the Public Service Commission, what would be your intention as to that employment?
A. My intention would be to leave the Marriott Corporation and devote full time to this commission.
Q. You would have no other outside business interest at that point?
A. None whatsoever.
Q. Do you own any utility stock, Mr. Wiley?
A. No, sir.

Printed Page 2487 . . . . . Thursday, February 24, 1994

Q. Does your wife or anyone else in your household own any utility stock?
A. No, sir.
Q. What would you think would be the one or two major crucial issues facing the Public Service Commission at this time?
A. One or two --
Q. Major issues or public policy issues facing the PSC?
A. I don't know. The major issue that would be facing me was to get acclimated to the PSC's method of operations. I have no idea what --
Q. Yes, sir. I understand.
A. -- PSC --
Q. What types of utilities does the Public Service Commission regulate, Mr. Wiley?
A. All major utilities in the state. Electricity, railroad, gasoline.
Q. And when you would sit as a Public Service Commissioner, you obviously would have a number of responsibilities. But if I handed you the analogy of wearing hats and one hat was being a public relations expert and one hat was for being a Personnel manager for the employees of the agency, another hat would be someone that would be responsible for being a judge, perhaps someone else would be -- somebody would be responsible for being a traffic cop, which hat would you envision yourself wearing most often as a commissioner?
A. I think the public Service because that individual would be the one that citizens of this state look to to give them the service that they look --
Q. I'm sorry if I misspoke. I meant to say public relations. It would be either public relations, a judge, a traffic cop and a personnel supervisor. Public relations, judge, traffic cop or personnel supervisor, which one of those four hats would you wear most often?
A. Judge.
Q. And in the capacity of being a judge, you would often be called upon to make decisions that would impact not only a company that had shareholders across the state, but also the public in terms of the rates they would pay. What would be your approach to making those decisions? What is your basic orientation? Are you a consumer advocate? Are you an advocate for reasonable return to shareholders? Are you an environmentalist? What are you going to be looking for when you make those decisions?
A. I would be looking for basically the consumer advocate's role because in the Parks and Recreation -- as a commissioner with the Parks and Recreation Commission, we just last year, in the last election, general

Printed Page 2488 . . . . . Thursday, February 24, 1994

election, came through a 34 million dollar bond referendum and there were four other referendums on the ballot.

Our referendum was the only one that was passed and in putting that package together -- we put it together. I was chairman of the commission at the time. We put it together with the citizens of Charleston County in mind and we kept a close eye on what they wanted as -- in regards to what we wanted and got. And we kind of brought those two together.
Q. Would you anticipate continuing your service on the Charleston County Recreation Commission -- Parks and Recreation Commission if you were elected to the PSC?
A. I would think that would be a conflict of interest and I would have to relinquish that.
Q. And finally, Mr. Wiley, do you have any recommendations to this committee to improve its screening process? Is there anything that you've noticed going through it that you would say let's change that and make it better?
A. No, sir. This is my first appearance before you and on a first time basis, I could make not a recommendation.
Q. Thank you. I appreciate that. Mr. Chairman.
THE CHAIRMAN: Yes, sir.
Q. No further questions.
THE CHAIRMAN: Any questions from any members of the committee? Thank you so much. We appreciate your coming, you may be excused.
A. Thank you.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Mr. F. Lamarr Wiley
Home Address: Business Address:
7 Glenwood Avenue 171 Ashley Avenue
Charleston, SC 29403 Charleston, SC 29425

2. He was born in Blakely, Georgia on June 5, 1939.
Social Security Number: ***-**-****.

3. S.C. Driver's License Number: *******.
S.C. Voter Registration Number: 1 049 122.

4. He was married to Bertha Hollinger Wiley on October 15, 1960. He has one child: Jamilyn LaMarshia Wiley, age 10.

Printed Page 2489 . . . . . Thursday, February 24, 1994

5. Military Service: USAF, Rank A/3C, from 1956 to 1960, Honorably Discharged.

9. He worked as a general insurance agent for 25 years.

26. Professional organizations: Past Secretary, Treasurer, Vice-Chairman, and Chairman, Charleston County Park and Recreation Commission, 22 years service; National Recreation and Park Association.

27. Civic, charitable, etc. organizations: Westside Civic Club; Azalea Drive Church of Christ.

29. Five letters of reference:
(a) Mr. Frank McElveen
P.O. Box 70519
Charleston, SC 29415
(803) 744-1082
(b) The Honorable Joseph P. Riley, Jr.
Mayor, City of Charleston
P.O. Box 652
Charleston, SC 29402
(803) 577-6970
(c) First Federal of Charleston
P.O. Box 10968
Charleston, SC 29411-0968
(803) 724-0955
(d) Tim Eubanks
1664 Seignious Drive
Charleston, SC 29407
(803) 766-8676
(e) Carl Boone
5 Glenwood Avenue
Charleston, SC 29403

30. First District

MR. COUICK: Mr. Chairman, the next candidate is Mr. Dibble for the Second Public Service Commission District. He should be down shortly. We are now changing -- we have screened all the candidates for the First Public Service Commission District.

Printed Page 2470, Feb. 24 | Printed Page 2490, Feb. 24

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