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Dennis Gough

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superstar - member
247 posts

I have heard a little about Mr. Gough. The question has been raised as to wither or not he can be on the ballot come November...Some say no and others (his supporters) say yes... so I contacted Mr. Jeff Moore and this was what he sent me back.

Thank you for your inquiry. Yes, I wrote the law in 1988. It is my belief that one must have been certified in this state to run for the office of sheriff. The law states, ' For purposes of this section, a "certified law enforcement officer" is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-10(E)(1)'. That section states '(E) As contained in this chapter: (1) "law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted authority to enforce all or some of the criminal, traffic and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed[.]' Paragraphs A and B of 23-23-10 each refer to 'this State'. Therefore, when 23-23-10(E)(1) defines a law enforcement officer as someone who has been appointed or employed and who is regularly on the payroll or the 'State or any of its political subdivisions', I interpret this to mean THIS State, South Carolina.

Does this sufficiently answer your question?

Jeffrey B. Moore
Ex. Director
South Carolina Sheriffs' Association
P.O. Box 21428
Columbia, S.C. 29221
803/772-1101

So, I would think it would be safe to say that as it stands now...He cannot be placed on the ballot.

regular - member
165 posts

Well do you think that would wrap this up? By the way, if he is only running because he thought the Sheriff's Office was such a mess, then why are Crenshaw supporters now jumping on his bandwagon? Also, now that we have a new sheriff-elect, then why would he still be running? Just questions here. I'm not real impressed by being a railroad police. Not knocking the job, but that is nothing like being Sheriff. I have also "worked with" about all those agencies he mentioned. I still say I'm not qualified to be Sheriff, or even a Captain at an agency like ACSO. We have seen what having folks in jobs they are not ready for will cause. Let's not even try it again.

__________________
Freedom has a taste the protected will never know.
regular - member
199 posts

Dennis Gough may have alot of ideas but that doesnt mean that he would be a good choice for sheriff. He seems to lack the experience that is needed to manage such a large office. Electing someone like Gough with no "real" experience in law enforcement could be a huge mistake.

superstar - member
247 posts

Clemsonfan, on this we agree. (Not use to saying that! Laughing) Mr. Gough has no idea about South Carolina laws. Do we really want to elect someone who will have to have on the job training as sheriff? That could be very costly.

regular - member
199 posts

You are right, it could be very costly to everyone. By now, you would think that Dennis Gough would know that he is not qualified for this. I'm sure to an outsider such as himself he has alot of things that he thinks that he can do better however when you are actually in the position you realize that somethings are not possible. I do believe that was the case with Crenshaws campaign slogan of "Do More With Less" I think he honestly thought he could but when he got into the position , he realized it was impossible. I have alot of ideas on what to do to make things better at the sheriffs office however you will not see my name on the ballot because I am not in anyway qualified.

fanatic - member
3886 posts

Spoke at great length with Mr. Gough at the fundraiser at Cromers.  Mr. Gough indeed has some different ideas ( ala Mr. Joe Arpaio of the Maricopa Co. Sheriff's dept in Arizona) and surely they would not fly here with all the influence of the NAACP, Civil Rights commission and various other minority groups. 

 But many of us ARE indeed supportive of a tent city, work farms, chain gangs, no air conditioners or cable television unless it plays the church channel 24/7 and bologna sandwiches instead of meat & three.   Building a 100 million dollar jail presents a tax nightmare for us struggling with fuel and food costs, lower property values and lessening of services.  I asked Mr. Gough if he'd be willing to work with an already-elected official to enact and enforce those type changes, and he reluctantly said "depends..."  which is pretty politically hedgy and non-committal.

 

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Designated President of the Warm & Fuzzy Club. DBAA
novice - member
23 posts

I just saw on WYFF4 that the Independent Party now backs Gough. Apparently they have issued an affidavit saying he is qualified to run for Sheriff, and WYFF apologized for previously saying he wasn’t qualified. If you visit his web site, http://sheriffforthepeople.com, and look under qualifications, it doesn’t saying anything about him ever being certified in SC … just Indiana. There is also a comment that says he was a “multi-state Law Enforcement Officer until his retirement in 1995.” According to the email Whattheheck received, it seems as though he really ISN’T qualified to hold the office of Sheriff by state law. So … is he qualified or not? What happens if he makes the ballot in November and elected? It seems like the state would not even recognize him as Sheriff????

fanatic - admin
6542 posts

Here's the law that addresses the question, Getmeout. I think this whole discussion is much ado about nothing. Seems to me, on close reading, that a candidate for sheriff doesn't have to be certified as a law enforcement officer at the time he's running. He just has to have the qualifications to BE certified should he be elected. And he need not have spend a day as a South Carolina law enforcement officers. Service in other counts seems to count, too, And Gough seems to meet the qualification standards, based on what I've read and heard:

S.C. Code of Laws

SECTION 23-11-110. Qualifications.

(A) All sheriffs in this State must have the following qualifications:

(1) be a citizen of the United States;

(2) be a resident of the county in which he seeks the office of sheriff for at least one year immediately preceding the date of the election for sheriff;

(3) be a registered voter;

(4) have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office;

(5) have:

(a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience as a certified law enforcement officer; or

(b) obtained a two-year associate degree and three years' experience as a certified law enforcement officer; or

(c) obtained a four-year baccalaureate degree and one year's experience as a certified law enforcement officer; or

(d) served as a summary court judge for at least ten years.

For purposes of this section, a "certified law enforcement officer" is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-6-400(D)(1).

(6) have not been convicted of or pled guilty to a violation of Section 56-1-460 or 56-5-2930, or both, within the past ten years or a felony in this State or another state; and

(7) be fingerprinted and have the State Law Enforcement Division make a search of local, state, and federal fingerprint files for any criminal record. Fingerprints are to be taken under the direction of any law enforcement agency and must be made available to SLED no later than one hundred thirty days prior to the general election. The results of the records search are to be filed with the county executive committee of the person's political party. A person seeking nomination by petition must file the records search with the county election commission in the county of his residence.

(B)(1) A person offering his candidacy for the office of sheriff, shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence.

(2) The affidavit must contain the following information:

(a) the date and place of the person's birth;

(b) the date the person graduated from high school or the date the person obtained the recognized equivalent of a high school diploma;

(c) the date the person received any associate or baccalaureate degrees when applicable;

(d) the number of years' experience the person has had as a certified law enforcement officer when applicable;

(e) the number of years the person has served as a summary court judge when applicable; and

(f) an affirmation that the person meets all of the qualification requirements of subsection (A).

(C) Every newly-elected sheriff in his first term is required to complete a training session to be determined pursuant to Title 23, Chapter 6 of the 1976 Code, to be conducted by the Criminal Justice Academy or an otherwise approved academy or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction.

 

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superstar - member
247 posts

JD...23-6-400 (D)(1)has been repealed as of May 2006. 23-23-10 (E)(1) is the applicable statute here. I mean, don’t you think that the man that wrote the law would know just a bit about what he is talking about?
By all means, call Jeff Moore yourself...
Jeffrey B. Moore
Ex. Director
South Carolina Sheriffs' Association
P.O. Box 21428
Columbia, S.C. 29221
803/772-1101

superstar - member
247 posts
Section 23-6-400 (repealed) had to do with DIVISION OF TRAINING AND CONTINUING EDUCATION.
Now there is section 23-23…Which is the LAW ENFORCEMENT TRAINING COUNCIL…
Section 23-23-10(E)(1)
States the following…

(A) In order to insure the public safety and general welfare of the people of this State, and to promote equity for all segments of society, a program of training for law enforcement officers and other persons employed in the criminal justice system in this State is hereby proclaimed and this chapter must be interpreted to achieve these purposes principally through the establishment of minimum and advance standards in law enforcement selection and training.
(B) It is the intent of this chapter to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this chapter, and these minimum standards may not be considered sufficient or adequate in cases where higher standards have been adopted or proposed. Nothing in this chapter may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council, hereinafter created, nor, unless specifically stated, may anything in this chapter be construed to affect any sheriff, or other law enforcement officer elected under the provisions of the Constitution of this State.
(C) It is the intent of the General Assembly in creating a facility and a governing council to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.
(D) Upon the signature of the Governor, all functions, duties, responsibilities, accounts, and authority statutorily exercised by the South Carolina Criminal Justice Academy Division of the Department of Public Safety are transferred to and devolved upon the South Carolina Law Enforcement Training Council.
(E) As contained in this chapter:
(1) "law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State (South Carolina) or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State (South Carolina) and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed; and
(2) "council" means the Law Enforcement Training Council created by this chapter.

Bold added by me to clarify THIS STATE.
Mr. Gough is NOT a "certified law enforcement officer"  in THIS STATE nor has he ever been a "certified law enforcement officer" in THIS STATE...
superstar - member
247 posts

Calm down, WTH. Gough won't get 2000 votes. It's a done deal, unless Creed Hashe decides to jump in as a petition cnadidate, or David as an independent. Either one would take a pretty good ass whipping under the circumstances, but Creed Hashe offers some real game skills as a law enforcment officer.

regular - member
165 posts

Come on folks, Skipper won, he will be our next Sheriff. Embrace it people. That's something I can get my arms around.

__________________
Freedom has a taste the protected will never know.
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