County Council Votes to Appeal Preston Ruling
Tuesday, November 19, 2013 at 9:45PM Anderson County Council Chairman Francis Crowder, saying it was one of the hardest decisions he had ever made, broke the tie vote as council approved a resolution to appeal Judge Roger Couch's rulings against the county in the case against former Anderson County Administrator Joey Preston.
The decision could open the doors for Preston to file new lawsuits against the county.
Anderson County Council Vice Chairman Cindy Wilson launched her argument for continuing the county's case against Preston, by attacking coverage in the media, singling out the Anderson Independent-Mail, and criticizing slow action by Judges Cordell Maddox and Roger Couch.
"This judge has been overturned in a number of other rulings," Wilson said. "At least five local attorneys have encouraged us to continue an appeal. For those here tonight who say stop, have you done your math?"
Wilson said without an appeal, Couch would order the county to pay Preston legal costs, which she said could top $1 million. She added that not going forward with an appeal also "opens the floodgates for many more lawsuits by that crowd," that could cost $2-3 million over several years.
"Our prospects are excellent," Wilson said.
Wilson asked Rick Freemantle to play audio from the S.C. Supreme Court on his case from June 2012. At that time, The South Carolina Supreme Court ruled Freemantle had legal standing under the state’s Freedom of Information Act to proceed with his lawsuit against Anderson County and its former administrator, Joey Preston.
Wilson said that she anticipates the S.C. Supreme Court will rule favorably for the county on appeal. Wilson said the primary question is truth and justice and not saving a few dollars more by not going to appeal.
Anderson County Councilman Tom Allen disagreed, saying that after five years, multiple judges, a grand jury and other investigations, no illegalities had been found that Preston broke a law.
"Now we are grasping at straws by thinking that Judge Couch's words that there "may not have been a quorum" is enought to proceed," Allen said. "I don't believe the supreme court will overturn five years of litigation.
"This has been a very difficult decision for everyone," said Allen. "I have friends on both sides of this issue and regardless of how I vote I will be in trouble."
Allen also said the Daniel report did not find anything illegal and that the county did find anything illegal from a financial standpoint. Rumors did not turn up anything illegal, either, Allen said.
"I find it very unlikely the court will overturn the decision of a legally elected body," Allen said. "I did vote to send the case to Couch, because I thought it would put an end to the case. I was wrong."
Allen added that $150,000 of the contract was paid to the South Carolina Retirement Fund, and that money would not be returned, unless the county sued them as well.
In closing remarks Councilman Eddie Moore said you can't put a price on "justice."
Councilmembers Wilson, Moore, Dunn and Crowder voted to continue the case, while Allen, Floyd and Allen opposed the move.
Earlier, in a surprise move, Anderson County Councilwoman Gracie Floyd brought up a point of order at the beginning of the council meeting Tuesday night, asking that the resolution to reconsider Couch’s decision be considered out of order, and called for Council Vice Chair Cindy Wilson to recuse herself in the matter.
Floyd also passed out a copy of a letter she is sending to the South Carolina Ethics Committee charging that Judge Couch's rulings suggested that Wilson has a conflict of interest in the matter.
“I believe we are in violation of the judge’s order, we have voted twice, and still this is allowed to go on,” Floyd said.
Council reconvened with reccomendation to move ahead with the agenda, including the resolution, as printed.
Reaction was split, an even number of citizens commenting, one side calling on council to end the legal actions against Preston and decide not to appeal the case, and the other side calling on council to continue legal action. Many called for wisdom and prayers. Many comments reflected the idea of moving ahead.
"It’s time to end this legal action," said Ralph Driver. "Anderson County lost...Obey the court order now, end this waste of Anderson County taxpayers’ money once and for all. It’s time to put this to bed and get back to work."
Some with velied threats of election consequences.
"if you do not vote to continue the appeal, we will work to get you off those seats," said Carolyn Byers, who asked council to continue legal action.
Seth Riddley, an Anderson native who recently returned to Anderson County after graduating Harvard University. Riddley said council was fighting Preston when he left for college and after being away for nearly five years, they are still embroiled in the same fight.
"I can’t believe this is what the Anderson County Council is still spending time and the taxpayers dollars on, millions of dollars, on this," Riddley said.
Several speakers, including Mark Powell, said the Anderson County Republic Party voted unanimously to ask council to continue the appeals process against Preston.
Before being shut down by Crowder, Floyd addressed those who favored continuing the Preston lawsuit.
"You lost," Floyd said. "You lost twice. What do you want to do now?"
After a testy exchange, Crowder called for a 10 minute break.
Returning from the break, Floyd said it is time to end the legal actions against Preston.
"Please realize that this has been going on for 13 years, this started out over Beaver dam, and some of the same folks involved are here tonight," Floyd said. "We have spent $4 million and you are telling me we don’t have the money to give employees a raise? We don’t have money for a bus service...for our roads?"
"If you’ve got common sense, it would dictate that if you are spending money and not getting money back and getting deeper in the hole, you would stop. The people I represent know what's going on here and they support me."
Also on Tuesday night, council approved:
- On third reading the Joint Anderson-Greenville industrial park ordinance.
- On second reading a new fee-in-lieu-of tax agreement with Plastic Omnium for an expansion of the business. The expansion will create 75 new jobs with an average pay of $16.50 per hour and a capital investment of 9.55 millon.
- On second reading, the rezoning 5.75 acres on S.C. 81.
- On second reading a lease agreement with the FAA at the Anderson Couinty airport.
- On first reading, a fee-in-lieu-of tax agreement with Project Rack. It is an expasion of an existing international company in Anderson County, which will add 125 jobs at $13 per hour and a $13 million in capital investment. The company is a textile company which has been in Anderson County for 20 years. They expanded nine years ago.
- On first reading a fee-in-lieu-of tax agreement for Project Opportunity. The company is an international company with 120 years of sucess, this expansion 45 jobs with payroll of $17 per hour and an $11 million investment.
- On first reading, development of joint industrial park with Greenville County.
- On first reading, development of a joint county industrial park with Abbeville County.
- On first reading a fee-in-lieu of tax for Project Choco, companies A and B. "This is a first for us," said Anderson County Economic Development Director Buriss Nelson a very unique project, an incubator for intellectual property, franchised with a university, created 30 jobs with an average annual income of $74,000, additional jobs with annual income of $60,000. We are assisting them with property tax to a help with the purchase of facilty.
- On first reading a fee-in-lieu of for the expansion of Project Fluer, a company with 100 years of sucess in texile industry. They will expand by 25 jobs at $21.55 per hour, $10 million.
Council also heard a report from the Animal Welfare Committee, which proposed adding information to the current county animal control ordinance.
Story developing as meeting continues...
Reader Comments (1)
Funny, gracie is part of lawsuits involved in this mess that she and 4 others created, and she has the nerve to question Cindy! Pot calling the kettle black! So why doesn't she face the flag during the pledge?