County Council (April 01)

Art, did I read that correctly? Is Anderson County Council actually planning to create BY ORDINANCE the position of "Internal Auditor" to answer to them, not to the Administrator?

What a clever idea! I wonder where they got it?

Art, I don't pretend to be an attorney (I was turned down for law school, remember, when they discovered at the last minute that I still have a conscience), but somebody's blowin' smoke at you on this one. (Kausler, do you see any fire yet?)

Those counties that have an internal auditor who answers to COUNTY COUNCIL and not to the COUNTY ADMINISTRATOR have put that position in place because of a loophole in Home Rule that's big enough to drive a Denali through. (And we all know laws exists only to hold loopholes together.)

To wit: (that's Latin for "Hey, y'all, look at this!")

S.C. Home Rule Act
ARTICLE 1
SECTION 4-9-25. Powers of counties.
All counties of the State, in addition to the powers conferred to their specific form of government, have authority to enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of these powers in relation to health and order in counties or respecting any subject as appears to them necessary and proper for the security, general welfare, and convenience of counties or for preserving health, peace, order, and good government in them. The powers of a county must be liberally construed in favor of the county and the specific mention of particular powers may not be construed as limiting in any manner the general powers of counties.



In other words, Art, when it comes to a county wanting to preserve " ... health, peace, order and good government" within its jurisdiction - and I certainly wouldn't want to infer that the 5-2 majority on Anderson County Council actually has any desire to do that - 4-9-25 under the ARTICLE 1 General Powers section of Home Rule trumps 4-9-660 under the authority specific to the council/administrator form of government. (Of course, you never know how a purely political Attorney General like Henry McMaster would view this, but to my knowledge, he's never been asked his opinion on it.)

It's not that Anderson County CAN'T retain an internal auditor outside the Administrator's control. For cryin' out loud, they could create the position by ORDINANCE rather than by budget resolution and point to 4-9-25 for backup if they wanted to, although I don't think that's necessary and certainly would open up a whole new set of excuses for the JP defenders to hide behind.

It's that a lot of people in Anderson County don't WANT you to know it can be done legally - and IS being done legally in other counties.

(Shhh! No charge for the legal advice ... there's that @#$% "practicing law without a license" roadblock again. Maybe if I can ever talk my way into and through law school, I can come to Anderson County and think up an answer to the question of how those lowstate counties have internal auditors who don't answer to the administrator that's more elucidating than, "...they just do." Sounds like a Nike ad, doesn't it? "Just do it." And for that, y'all pay, what, $45,000 or $50,000 a year?)

- JDTippett

JDTippett,

Since you have been part of this dialogue, and some of your postings were read in Council meetings, you do deserve part of the credit for this unusual and unexpected turn of events.

We'll see, Art. An ordinance has to make it through three readings before going into effect, and I'm quite sure resistance from opponents of accountability will be fierce.

On top of that, the meeting IS on April 1.

Art can you tell me why the meeting was scheduled for 3 PM when most adults other than retirees are working?

Was the decision made by Mr. Thompson alone?

Art can you tell me why the meeting was scheduled for 3 PM when most adults other than retirees are working?

Was the decision made by Mr. Thompson alone?

- NomadRon

I'll take a stab . . .

More than a few weeks ago, I was listening to WAI'm Out of Material on the drive in (secretly hoping that the topic of UFOs would be discussed - old format, I know). In that short drive to work, I heard two callers complain about the awards portion of the CC meeting. In short - the callers contended it was unnessary and inhibited the flow and progress of the meeting. In fact, one of the callers suggested exactly what is being done during this meeting cycle.

As they say: Be careful what you wish for, you might just get it.

- SSHM

Well, it'll certainly cut down on public comment, won't it?

Well, it'll certainly cut down on public comment, won't it?

- JDTippett

That is what was behind my questions. It seems it is another attempt to restrict the average working citizen from the (the previously enjoyed) right to address Council. I also wondered was this the concensus of the entire Council or just Mr. Thompson.

Art can you tell me why the meeting was scheduled for 3 PM when most adults other than retirees are working?

Was the decision made by Mr. Thompson alone?

- NomadRon

Nomad Ron,

The purpose of the Council meeting, scheduled for 3:00 p.m., is to provide an opportunity for citizens’ comments, Council members’ remarks, special presentations, and award ceremonies, without forcing the main Council meeting to extend to 6 hours, as it does on occasions. However, this plan is not carved in stone. I do believe that citizens’ comments and Council members’ remarks during this meeting will determine its future and format.

We're assuming enough interested citizens can get off work for a 3 p.m. meeting to make it a fair gauge of interest.

The way I see it, you still have a five-hour meeting. There's just a bathroom break built in, so those who attend can go across the street and find an available facility that doesn't deny them access.

The intent of this is transparent. The ultimate effect of it is not.

JDTippett,

I do agree that 3:00 p.m. timing is questionable. Too many interested residents, with working hours, cannot attend at this time. However, I do realize the need for a separate meeting for citizens’ comments, special presentations, and award ceremonies, so the main meeting can be properly devoted to conducting Council business.

In my view, this special called meeting should be held on a separate day, at 6:00 p.m., the second and fourth Tuesday of each month. The regular Council meeting is held on the first and third Tuesday of every month.

So, Art, let me translate that. You're saying listening to citizens is NOT part of Council's business?

And, is this really a "special called meeting?" I thought there were clear guidelines regarding those things, such as dealing with issues where there is no time left to get on the next Council agenda.

Art, I don't disagree in principle with Thompson is trying to do, but the message he's sending with this stunt just reinforces the belief that the current Council and Administration in Anderson County really DOESN'T care what their constituents and taxpayers have on their minds.

Just more of the same, my friend, just more of the same. Same mindset, different tactic.

Well, it'll certainly cut down on public comment, won't it?

- JDTippett

That is what was behind my questions. It seems it is another attempt to restrict the average working citizen from the (the previously enjoyed) right to address Council. I also wondered was this the concensus of the entire Council or just Mr. Thompson.

- NomadRon

By average citizen do you mean the ones that work 9 to 5 or the rest of us that work swing shifts, 2nd shifts, third shifts, and so on?

We're assuming enough interested citizens can get off work for a 3 p.m. meeting to make it a fair gauge of interest.

The way I see it, you still have a five-hour meeting. There's just a bathroom break built in, so those who attend can go across the street and find an available facility that doesn't deny them access.

The intent of this is transparent. The ultimate effect of it is not.

- JDTippett

Did it ever occur to anyone that there may be citizens that work swing shifts, 2nd & 3rd shifts that will now be able to participate?

As far as the bathroom is concerned, there are still bathrooms available for citizens at council meetings and this is being blown way out of proportion.

Constituent, you're defending the indefensible here.

I have always been aware that those who work second shift are deprive of the opportunity to speak to Council during those evening meetings without disrupting their work schedules. But let's take a look at what a 3 p.m. meeting time does to public participatin:

1. The majority of Anderson County workers (and this holds true nationally) work daytime hours. That's just a simple fact of the marketplace.

2. Those who work "swing shifts" will, simply through the nature of that beast, work evening hours only once out of every three shift changes. Odds are, they can go to evening Council meetings two out of three times if they want to.

3. Those who work on second shift - the ones who have always had to adjust their work schedule by special permission to attend County Council meetings - are no better off. The shift change between first and second shift almost invariably takes place at 3 p.m., or 3:30 p.m., or at the latest 4 p.m. in the majority of industries that use shift workers. Setting time of 3 p.m. puts that public comment period AT THE EXACT TIME THAT'S MOST INCONVENIENT FOR BOTH FIRST- AND SECOND-SHIFT WORKERS.

So you see, Constituent, a 3 p.m. public comment period opens the process up to NO ONE who didn't have convenient access to public comment periods at Council meetings (second shift workers) while closing it off to first-shift workers.

If Michael Thompson realizes that, and still forges ahead with this plan, then I would contend he's no better than Joey Preston when it comes to not wanting to know and not caring what his constituents think.

If he DOESN'T realize it (he does now, and so do you) and moves ahead, he may well be too STOOPID (misspelling deliberate, for you journalism wannabes) to be County Council Chairman.

(And let me note that anybody who actually does think Thompson didn't know exactly what he was doing when he announced it is probably too naive to engage in Anderson County politics. They'll chew you up, spit you out and you'll never even know what hit you.)

Now, I personally don't think Thompson is totally uncaring OR stupid, but I can come up with no other logical reason for this heavyhanded and/or STUPID maneuver by a County Council Chairman. But while I'll give him some credit for intelligence, I doubt he came up with this scheme on his own.

Unlike County Council, I welcome your thoughts on this one. Fire when ready!

JD,

County Council Meetings may very well be open to the public however, they are not a public forum.

If a person really wants to be heard by his councilman he/she will call or write a letter. I have done both.

Bob Waldrep is my councilman, and it is no secret that I am not happy with his service. However, to Mr. Waldrep's credit, every time I have called him he has taken my call or called me back. He has met with me upon my request and always treated me professionally and with respect.

My guess is that all of our council members welcome their constituents comments even when they don't agree. I have watched council for years and have found that if a constituent truly wants to be heard, his voice is louder when he/she address his/her councilman directly.

So many people abuse the citizens comments with bashing employees and council with the same old rhetoric that I don't blame Mr. Thompson for moving this part of the meeting. I know that I am tired of late night meetings as are many of the others that attend.

I think this was the best solution verses the alternative of eliminating citizens comments completely.

All right now JD..breathe deep..

no where is a citizens right to comment taken away. Public Hearings (which is ALL that are required by law) will still occur during "normal" council meetings.

To imply that a citizens right to comment is somehow being removed is...well...very much taken verbatim from the WAIM crowd..and you of all should know better.

ANY citizen can still contact their representaive..
ANY citizen can still comment during public hearings
ANY citizen can still see the normal process of county government.

In fact, since you are apparently the best here at finding references in state law that substantiate any claim that you support...im sure you can find that applicable law that says that "remarks from council members" has to be held at all..let alone after 6:00 at night. Or that citizens comments must be held at all...and in front of TV cameras at that.

because absent of any state law..then it is merely yor opinion that they should be held.... and since you apparently dont attend Anderson County council meetings, then you probably have no idea how little law making even occurs any more..almost in total because of those parts of the agenda.

Furthermore..any citizen that believes strongly enough in a particular issue will still make it at 300..if that is their "only" chance to publicly comment on that issue, as you are implying.

Why do I say that? Because as constituent has already said, we have listened to folk for years point out how they were missing work to make comments over a zoning issue..or something else that moved them...in order to "be heard"....so people who actually care will do what it takes.

Could some be "inconvenienced"? possibly..but please tell me just how many people in Anderson County that is. Or are you just "assuming" that this change will somehow significantly make peoples lives more difficult than the currently existing practices already do.

Somehow that fact is never considered...this change may actually open the door to more voices..new voices..that have been disenfranchised because they couldnt make it to a 6:00 PM meeting..

So..absent any actual factual basis to reveal why this change is wrong..i can only conclude that is being opposed by folk merely because it is new...a change..

JD..the current system is BROKE..

at least this is an effort to do something...

JD I have a question you or others may remember.

Years ago wasn't 4PM the council meeting regular time?

Seems it was that time for years.
Just thought you may remember.

JD..the current system is BROKE..

at least this is an effort to do something...

- palmetto_native

Palmetto Native,

You hit the nail on the head. The system is broken, and it needs fixing.

Although I appreciate the public’s right and role in Council meetings, some have abused this right and turned Council meetings into theatrical performances. Mr. Michael Thompson seems to be attempting to find a workable compromise. Through creating a new Council meeting, he may be able to separate the theatrical from the objective, so serious Council business topics can receive the amount of time and attention they require. It is an experiment that is worth trying.

Art,

I agree. The theatrical does need to be separated from the real business.

Any change is going to draw complaints. I applaud Michael Thompson for having the courage to make that change.