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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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