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Has Joey Preston resigned?

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fanatic - admin
6511 posts
Yeah, Wyatt. Geez. All I know for sure is they don't take CHECKS - and they get really upset if you use a roll of quarters when you put 10 bucks in those fancy g-strings. Embarassed
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"Would you like to play a game?" - Department of Defense computer in "WarGames"
guest
570 posts
I'm sorry Rep, but you have  kids and I know the stork didn't leave them, so give us a break.  With your attitude you must have a hard time dealing with every day conversations.  And to say "Filth"  is definitely old world.
fanatic - member
3838 posts


Yeah, Wyatt. Geez. All I know for sure is they don't take CHECKS - and they get really upset if you use a roll of quarters when you put 10 bucks in those fancy g-strings. [image]

-jdtippett

In my case, it's more like a rolls of pennies....wonder if those hoochie-gals take food stamps?

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Designated President of the Warm & Fuzzy Club. DBAA
fanatic - member
2368 posts


Yeah, Wyatt. Geez. All I know for sure is they don't take CHECKS - and they get really upset if you use a roll of quarters when you put 10 bucks in those fancy g-strings. [image]

-jdtippett

I'm offended :-)

fanatic - member
3838 posts

 

I'm offended :-)

-republikin

Better to be offended than to be offensive....which seems to be your monikker here.  More \/ votes than /\,  but keep at it GOP.

__________________
Designated President of the Warm & Fuzzy Club. DBAA
fanatic - member
2368 posts

Hey: I played offensive on most teams I have been on. You play offensive when the coach can count on you to get a job done. You are defensive, because the coach can't count on you to do much but hold on. Now, that's offensive. Not bad for a girl is it?

fanatic - member
2368 posts


I'm sorry Rep, but you have kids and I know the stork didn't leave them, so give us a break. With your attitude you must have a hard time dealing with every day conversations. And to say "Filth" is definitely old world.

-confused

Just an 'ole fashioned girl, I am.

regular - member
107 posts

We'll we have a legal obligation and he'll win that arguement. What he does AFTER he leaves AC is his business. You just can't stand a fair deal.

-republikin

Well, Republikin, I agree and disagree with you. I think that the county should honor its obligations. However, in the settlement of the question, perhaps a structured payment schedule could be offered in exchange for Mr. Preston not working against the interests of Anderson County for a definite time period.

Different numbers are being kicked around, but for argument's sake, let's say $500,000 was agreed upon. For, that perhaps the county could keep Preston on the payroll for 5 years as a special adviser. His duties would be strictly limited. There would be no necessary travel expenses, meals, etc. Preston would be under obligation to do things like assist the new administrator in economic development matters already underway, etc. He would be paid essentially to not work against the county. It could be structured in a way to credit towards retirement if need be. The bottom line is: end it with honor and dignity for the county.

Colleges and universities do that sort of thing all the time with coaches and Presidents whose effectiveness is over before their contracts. They do it not because they are corrupt or like the guy they remove. They do it it to keep their word so talented people will contract with them in the future.

Of course I realize there are some who will want to spend more in legal fees than settlements to make some personal score. Part of me understands their frustration. However, in the real world that we compete in everyday for every scrap of jobs for our people, our leaders need to swallow their pride and cut a deal.

In all frankness, the lame duck council is probably the best to deal with the situation. I know that will fire up some. But, if the lame duck council settled the question, the new council could get on with more important business.

Don't get me wrong, Preston needs to go. Though I am no Clemson fan, I think of the calm, rational way Clemson settled with Bowden. Bowden needed to go. He had fans, some very important people. He had his anti-fans, some ever important people. So a deal was cut. That is how institutions of substance deal with such situations.

The rabble rousers on both sides of the question won't like it, but frankly, they are not thinking rationally. Just the possible revenue from a botched economic development deal due to a legal fight or from the status quo is more than what it will likely cost to settle the matter. Grow up, cut a deal, and move forward.

regular - member
107 posts


Hey: I played offensive on most teams I have been on. You play offensive when the coach can count on you to get a job done. You are defensive, because the coach can't count on you to do much but hold on. Now, that's offensive. Not bad for a girl is it?

-republikin

As a former basketball coach who worked on a championship staff in Lexington County in the 1990s, I will remind you of the saying that "defense wins championships." I guess we look at things differently. I prefer the player who guards someone so close he knows the taste of his chewing gum to the player that always throws up hit or miss three pointers and walks back on defense.

superstar - member
828 posts
It is interesting that Oconee County Council has tabled contractual issues until Jan because they felt it was inappropriate to bind in coming Council to these contracts. Why Anderson doesn't do the same shows a lack of courtesy or smacks of desperation. It is difficult to tell if it's one or the other or both.
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You can't reason someone out of a position they didn't reason themselves into. ~Author Unknown
fanatic - member
1089 posts
That makes too much sense for Anderson County to do it!
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fanatic - member
2368 posts

Well, Republikin, I agree and disagree with you. I think that the county should honor its obligations. However, in the settlement of the question, perhaps a structured payment schedule could be offered in exchange for Mr. Preston not working against the interests of Anderson County for a definite time period.

Different numbers are being kicked around, but for argument's sake, let's say $500,000 was agreed upon. For, that perhaps the county could keep Preston on the payroll for 5 years as a special adviser. His duties would be strictly limited. There would be no necessary travel expenses, meals, etc. Preston would be under obligation to do things like assist the new administrator in economic development matters already underway, etc. He would be paid essentially to not work against the county. It could be structured in a way to credit towards retirement if need be. The bottom line is: end it with honor and dignity for the county.

Colleges and universities do that sort of thing all the time with coaches and Presidents whose effectiveness is over before their contracts. They do it not because they are corrupt or like the guy they remove. They do it it to keep their word so talented people will contract with them in the future.

Of course I realize there are some who will want to spend more in legal fees than settlements to make some personal score. Part of me understands their frustration. However, in the real world that we compete in everyday for every scrap of jobs for our people, our leaders need to swallow their pride and cut a deal.

In all frankness, the lame duck council is probably the best to deal with the situation. I know that will fire up some. But, if the lame duck council settled the question, the new council could get on with more important business.

Don't get me wrong, Preston needs to go. Though I am no Clemson fan, I think of the calm, rational way Clemson settled with Bowden. Bowden needed to go. He had fans, some very important people. He had his anti-fans, some ever important people. So a deal was cut. That is how institutions of substance deal with such situations.

The rabble rousers on both sides of the question won't like it, but frankly, they are not thinking rationally. Just the possible revenue from a botched economic development deal due to a legal fight or from the status quo is more than what it will likely cost to settle the matter. Grow up, cut a deal, and move forward.

-brianmccarty

All parties to the contract agreed, I think your scenario is a good one. Although, the "hanging around" issue is often not a good one for the new coach, leader, administrator. Usually, the "consulting" tapers off quickly, because the new coach wants to do his/her own thing. That aside, I like you thinking.

fanatic - member
2368 posts

As a former basketball coach who worked on a championship staff in Lexington County in the 1990s, I will remind you of the saying that "defense wins championships." I guess we look at things differently. I prefer the player who guards someone so close he knows the taste of his chewing gum to the player that always throws up hit or miss three pointers and walks back on defense.

-brianmccarty

I know defense is important. I also know that coachs like to say that kind of stuff to keep the defense hyped. Fact is, you can't win if you don't score. That goes for the other team too. As a coach, I know you understand that a balanced team is the best, great offense, solid defense. You need balance because you play against different teams which have different skills, i.e. team A has explosive offense and they need it because they have no defense. Team B has mediocre offense but has great defense, they win close games.

All that aside, with the Council and Preston, there doesn't seem to be any teamwork going forward. When that happens the coach benches the players involved.

By the way. All this is pretty sad because Preston has a great team of employees and the County will likely see many of them leave as Preston leaves.
Who loses, we the people! The buyout will appear huge to some, but the real costs will show up later when we go backward from our progressive mode.

superstar - member
828 posts

There Is No Indispensable Man
by Saxon N. White Kessinger, Copyright 1959


Sometime when you're feeling important;
Sometime when your ego's in bloom
Sometime when you take it for granted
You're the best qualified in the room,

Sometime when you feel that your going
Would leave an unfillable hole,
Just follow these simple instructions
And see how they humble your soul;

Take a bucket and fill it with water,
Put your hand in it up to the wrist,
Pull it out and the hole that's remaining
Is a measure of how you will be missed.

You can splash all you wish when you enter,
You may stir up the water galore,
But stop and you'll find that in no time
It looks quite the same as before.

The moral of this quaint example
Is do just the best that you can,
Be proud of yourself but remember,
There's no indispensable man.

 

They are all replaceable and the affect will not be nearly as bad as you seem to think. The other side of your argument that many will "leave with him" is flawed as well. They will mostly be positioning to keep their jobs. The Council does not have to pay off Preston, they have not violated his contract. Maybe he's fighting to keep his job too. Unless he is placed on administrative leave he doesn't even have the makings of a law suit. This  is just positioning or Preston's way if saying he doesn't want to be answerable to the Council.

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You can't reason someone out of a position they didn't reason themselves into. ~Author Unknown
superstar - member
828 posts
here is the contract link
http://wikileaks.org/leak/joey-r-preston-employment-contract-1998.pdf

here is the business law link;
http://books.google.com/books?id=_t7Y1FafwD8C&pg=RA1-PA327&lpg=RA1-PA327&dq=legal+anticipatory+termination+of+a+contract&source=web&ots=rjQbMdGd6q&sig=Vkt9OClqKI4aLBSzEYJQmrSMvsg&hl=en&sa=X&oi=book_result&resnum=4&ct=result#PRA1-PA327,M1

The argument will seem to depend on whether paid administrative leave constitutes anticipatory breech of contract. Contract law has to meet several points to be considered binding

http://www.window.state.tx.us/procurement/pub/contractguide/LegalElementsofaContract.pdf

On the funny side one could question the competence of those who signed this contract as it is clearly not in the best interest of the county and you don't have to be all that bright to be on Council <g> but I digress;

the Supreme Court ruled that;"In November 1996, the South Carolina Supreme Court affirmed lower-court rulings that the employment contract was not binding on the commissioners who terminated Cowart because the contract could not extend beyond the terms of the commissioners who signed it." [according to Liz Careys Article in the AIM 10-25-08]

Having waded through all this for a break from work, I find that his case might have several flaws, the largest of which is that the contract may well be void in Jan. It would be interesting to know what the lawyer hired by Council had to say to the executive session attendees. While that item is not on the agenda, it should be.

Nowhere does the law state that an employee placed on administrative leave with pay has been legally "terminated without cause". I could not find case law on that.

Anyone else want to pick up where I left off? It's fun and interesting. Bravo Liz Carey for finding the Supreme Court Ruling. Neither attorney's seemed familiar with it until you found it. I bet they have their Clerk's doing research now.
__________________
You can't reason someone out of a position they didn't reason themselves into. ~Author Unknown
fanatic - member
2368 posts


There Is No Indispensable Manby Saxon N. White Kessinger, Copyright 1959

Sometime when you're feeling important;Sometime when your ego's in bloomSometime when you take it for grantedYou're the best qualified in the room,Sometime when you feel that your goingWould leave an unfillable hole,Just follow these simple instructionsAnd see how they humble your soul;Take a bucket and fill it with water,Put your hand in it up to the wrist,Pull it out and the hole that's remainingIs a measure of how you will be missed.You can splash all you wish when you enter,You may stir up the water galore,But stop and you'll find that in no timeIt looks quite the same as before.The moral of this quaint exampleIs do just the best that you can,Be proud of yourself but remember,There's no indispensable man.

They are all replaceable and the affect will not be nearly as bad as you seem to think. The other side of your argument that many will "leave with him" is flawed as well. They will mostly be positioning to keep their jobs. The Council does not have to pay off Preston, they have not violated his contract. Maybe he's fighting to keep his job too. Unless he is placed on administrative leave he doesn't even have the makings of a law suit. This is just positioning or Preston's way if saying he doesn't want to be answerable to the Council.

-1-opinion

I don't recall ever using not replacable? The rest of your post is a bunch of supposition.

superstar - member
828 posts

I don't recall ever using not replacable? The rest of your post is a bunch of supposition.


-republikin



most of what is posted qualifies as supposition <g>
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You can't reason someone out of a position they didn't reason themselves into. ~Author Unknown
fanatic - member
2773 posts
It is interesting that Oconee County Council has tabled contractual issues until Jan because they felt it was inappropriate to bind in coming Council to these contracts. Why Anderson doesn't do the same shows a lack of courtesy or smacks of desperation. It is difficult to tell if it's one or the other or both.

-1-opinion



... or it just emphasizes the general stupidity of Oconee County.

These elected officals in Anderson County, for better or worse, are in power and in charge until January. That is their JOB. That is their RIGHT. That is DEMOCRACY in ACTION! Besides, we've seen how petty people can be. Remember the political neophyte and her attempt at reversing the Blue Laws in early 2007?

Yeah ... I have no desire to see the non-progressives in charge. They will get their turn when it is their time and not a moment or second sooner.

Until then ... QQ more

E .· ` ' / ·. F
Your tears fuel me

... stupid ...


- SSHM
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"I'm going to show these people what you don't want them to see. I'm going to show them a world without you . . ." - Neo
fanatic - member
2773 posts

the Supreme Court ruled that;"In November 1996, the South Carolina Supreme Court affirmed lower-court rulings that the employment contract was not binding on the commissioners who terminated Cowart because the contract could not extend beyond the terms of the commissioners who signed it." [according to Liz Careys Article in the AIM 10-25-08]

-1-opinion



Excuse me while I die laughing . . . YellTongue outYellTongue out

If you are going to write a story that pertains to Contract Law, one would think the author's "expert source" would be an expert in Contract Law, since you are using said source to provide credibility.

Here's a hint: Talk to a lawyer that actually specializes in Contract Law. OOPS!


... stupid ...


- SSHM
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"I'm going to show these people what you don't want them to see. I'm going to show them a world without you . . ." - Neo
regular - member
119 posts


No spooking required. I believe the SC Ethics Committee will take care of that for all of us. Mark your calendars:11.17.2008 - Columbia - Political Neophyte FINALLY Gets Called On The Carpet.Kids ... that's just the tip of the iceberg. Checkmate is looming large . . .- SSHM

-sshm

I found this and thought it was interesting:
Congressman Don Young, who spent a huge share of his campaign donations on legal fees to keep his nose clean in the face of an FBI investigation into his dealings with the same oil-services company behind the Stevens case.

This leads me to believe that she was will be cleared of everything but then again of course I really have no idea how the committee will rule.

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“Arrogance diminishes wisdom.” Arabian Proverb.
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