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Confirmed: Meeting of county council members violated state law


web posted August 21, 2009
COUNTY – A Town Hall meeting held by Edgefield County Councilman Rodney Ashcraft and attended by County Council Chairman Monroe Kneece and Vice-chairman Willie Bright has been confirmed to be in violation of South Carolina state law according to Herbert Hayden Jr., Executive Director of the South Carolina Ethics Commission. Mr. Hayden added that though it was a violation of the statutes, it is not a matter under the purview of the Ethics Commission.

“If they discussed matters before the public body, or even things the public body has authority over, it’s a violation,” He said. It is not a violation for a majority of the county council members to be in the company of each other, “If they wanted to go have breakfast at the Waffle House that’s not a meeting.” This includes public appearances such as parades or public functions. However, if the discussion turned to anything they have authority over as a public body they would then violate the law.

Councilman Ashcraft said Thursday he was told there was no problem with three members being present at the meeting and was assured of that by County Attorney Michael Medlock earlier in the day.

Mr. Hayden suggested all involved refer to SC Code of Laws 30-4-20 (d) and (e) which states: “(d) "Meeting" means the convening of a quorum of the constituent membership of a public body, whether corporal or by means of electronic equipment, to discuss or act upon a matter over which the public body has supervision, control, jurisdiction or advisory power.
(e) "Quorum" unless otherwise defined by applicable law means a simple majority of the constituent membership of a public body.”

The law also states that such a meeting would have to include a public notice and minutes of the meeting to be taken.

Section 30-4-100 states: “Any person or group of persons who willfully violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned for not more than thirty days for the first offense, shall be fined not more than two hundred dollars or imprisoned for not more than sixty days for the second offense and shall be fined three hundred dollars or imprisoned for not more than ninety days for the third or subsequent offense.”

Councilman Ashcraft stated he was drafting a letter to all members of the county council to inform them that the town hall meeting was conducted “improperly” and that he hoped it would be a learning experience for all. He stated that in the future such gatherings by three or more members should be avoided.






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