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Mr. Joey Preston

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?
611 posts

sshm said "The big loser is not the taxpayer in Anderson County, as the county is good for the money (see also - Reserve Fund)."

This statement is a complete lie. The big loser is the taxpayer in Anderson County. Every penny paid to Joey Preston came from the taxpayers. Every penny he receives as payoff will come from the taxpayers. Every penny in the Reserve Fund, if there is one, came from the taxpayers. Other big losers will be the families of Joey Preston, Bill McAbee, Ron Wilson, Gracie Floyd, Larry Greer and Michael Thompson. They will face the shame and embarrassment for years to come.

The payoff could come from discontinuing certain jobs and departments that Preston created. We have much more than one million dollars per year in Preston waste that will pay him and pay for an audit.

Do the bank presidents all have a no-fault contract? How about the CEOs of big business? I thought some of them were in jail for their actions. Preston's hope that the new Council will be scared silly over the no-fault clause he put into the buyout and not pursue further action against him after an audit are ludicrous. The only ones that will say "we can't hold Preston responsible" will be Ron Wilson and Gracie Floyd. It will be fun watching those two for the next two years.

?
828 posts

sshm said "The big loser is not the taxpayer in Anderson County, as the county is good for the money (see also - Reserve Fund)."

This statement is a complete lie. The big loser is the taxpayer in Anderson County. Every penny paid to Joey Preston came from the taxpayers. Every penny he receives as payoff will come from the taxpayers. Every penny in the Reserve Fund, if there is one, came from the taxpayers. Other big losers will be the families of Joey Preston, Bill McAbee, Ron Wilson, Gracie Floyd, Larry Greer and Michael Thompson. They will face the shame and embarrassment for years to come.

The payoff could come from discontinuing certain jobs and departments that Preston created. We have much more than one million dollars per year in Preston waste that will pay him and pay for an audit.

Do the bank presidents all have a no-fault contract? How about the CEOs of big business? I thought some of them were in jail for their actions. Preston's hope that the new Council will be scared silly over the no-fault clause he put into the buyout and not pursue further action against him after an audit are ludicrous. The only ones that will say "we can't hold Preston responsible" will be Ron Wilson and Gracie Floyd. It will be fun watching those two for the next two years.


-prevail



Well said. What they signed says they (Council) won't hold him civilly liable. Anyone else affected by his actions are not bound by that contract. There is still a question to be answered which is if the current Council can bind the new Council past their term. If they cannot who cares that part of the contract can be challenged. If enough is found there could be a civil suit filed by Anderson citizens. The Solicitor can file charges. Violations of SC laws are not covered in this silly little attempt to hold off the dogs. The five of them may just as well have said, we know you're going to find something but we have befitted enough or he has enough on us to get us to sign this. Letting him stay helps him cover his tracks. I hope these five do suffer public shame. It is well deserved.
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Well said. What they signed says they (Council) won't hold him civilly liable. Anyone else affected by his actions are not bound by that contract. There is still a question to be answered which is if the current Council can bind the new Council past their term. If they cannot who cares that part of the contract can be challenged. If enough is found there could be a civil suit filed by Anderson citizens. The Solicitor can file charges. Violations of SC laws are not covered in this silly little attempt to hold off the dogs. The five of them may just as well have said, we know you're going to find something but we have befitted enough or he has enough on us to get us to sign this. Letting him stay helps him cover his tracks. I hope these five do suffer public shame. It is well deserved.

-1-opinion

Don't look for any of the above to happen because there are NO criminal or civil charges to be brought. If there were, they'd have been brought.
You are mad because you are powerless to stop this legal buyout.

member
2368 posts


Exactly. There were so many other ways to handle this but Preston influenced the majority of Council against representing the county. I hope that the labor attorney's recommendations are made public. I doubt he found this a necessary action or even appropriate.

-1-opinion

The only reason you believe there were "other ways" to resolve this is because it wasn't resolved the way you wanted it to be.

When it comes to opinions, you seem to have more than one. He, he

?
611 posts

Some Anderson citizens are already discussing a class action lawsuit against Preston and his Gang of Shame, all 5 of them. Probably separate suits against each of them for misuse of public funds and other abuses to the taxpayers. Money is being pledged by many citizens as we speak for legal fees but it will not happen until early 2009.

member
2368 posts


Some Anderson citizens are already discussing a class action lawsuit against Preston and his Gang of Shame, all 5 of them. Probably separate suits against each of them for misuse of public funds and other abuses to the taxpayers. Money is being pledged by many citizens as we speak for legal fees but it will not happen until early 2009.

-prevail

Ya, I heard all that on the radio, that's the "I'll pledge $10 or $15 right now." Don't get too excited. If (a BIG IF) a lawsuit gets files, it won't make it past step one. Heck, Cindy went all the way to the State Supreme Court
(costing taxpayers a bundle) and guess what, SHE LOST! Against Preston and his excellent legal advisor you all are unarmed.

?
611 posts

Preston and his legal advisors that WE PAY FOR wont be here next year. Be sure to thank the Lord for this blessing anyway.

Oh yeah...even some lawyers that advised Joey on how to treat the people that paid his salary will not be exempt from lawsuits from the citizens either. The Council Chamber will certainly look a lot better without Thomas L. Martin sitting besides Joey and holding his hand. Maybe Martin will catch a ride with Joey out of town.

member
2307 posts
Some Anderson citizens are already discussing a class action lawsuit against Preston and his Gang of Shame, all 5 of them. Probably separate suits against each of them for misuse of public funds and other abuses to the taxpayers. Money is being pledged by many citizens as we speak for legal fees but it will not happen until early 2009.

-prevail



Ummm ...

JD is right ... people have become numb to what stupidity is. I would STRONGLY suggest you review SC Law before proceeding with what is most certainly frivolous:

Title 15 - Civil Remedies and Procedures
CHAPTER 36. SOUTH CAROLINA FRIVOLOUS CIVIL PROCEEDINGS SANCTIONS ACT

Start reading . . . and I hope your wallets are deep. Oh wait - they are not. This is the same group that would gripe about coffee at Starbucks.


... 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
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5174 posts
I'm glad you think JD is right, SSHM. Did you read the entire paragraph, or did you stop after reading only the parts that back up your arguments?
?
485 posts

Ya, I heard all that on the radio, that's the "I'll pledge $10 or $15 right now." Don't get too excited. If (a BIG IF) a lawsuit gets files, it won't make it past step one. Heck, Cindy went all the way to the State Supreme Court
(costing taxpayers a bundle) and guess what, SHE LOST! Against Preston and his excellent legal advisor you all are unarmed.

-republikin

All I can say is, I am very glad that McAbee, Greer, and Thompson are gone. I haven't really given Preston a thought. He was doing what he was allowed to do. McAbee is a puppet, not a man. Heck, MCW is more of a man than McAbee ever was.

Last nights action cost this county a lot of money that was unnecessary. Preston should have manned up and tried to work with the new council. McAbee and Company really let the taxpayers down.

Let's not forget who paid for all of McAbee and Company's cowardly acts last night. The Taxpayer. It's that simple folks. We have been screwed up one way and down another.

member
2307 posts

I'm glad you think JD is right, SSHM. Did you read the entire paragraph, or did you stop after reading only the parts that back up your arguments?

-jdtippett

I did read the whole paragraph, but I don't have time for a lengthy reply as of yet. Twas enough for now to point out SC Law. I'll have more about the playing of hands soon enough ... - 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
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235 posts
Who are these citizens planning to hire as a lawyer?  Maybe Bob or his daughter would take the care pro bono.  And why do all you bozos who have hounded JP throughout his tenure as county administrator assume he is leaving the county?  Doesn't he own a house here?  A million dollars will make a lot of house payments.
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Every man has a right to utter what he thinks truth, and every man has a right to knock him down for it. - Dr. Samuel Johnson English author, lexicographer
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5174 posts
Could be the same people who allegedy had the videotape of Joey in the Catergate affair. Oddly enough, though, I actually believe there may be enough here for some sort of civil lawsuit against County Council, tenuous though the grounds may be. We'll have to see what everybody says once everybody gets all lawyered up, I guess.
member
235 posts
Come on JD.  You know there are no grounds here for any kind of lawsuit.  
__________________
Every man has a right to utter what he thinks truth, and every man has a right to knock him down for it. - Dr. Samuel Johnson English author, lexicographer
admin
5174 posts

Come on, Ellie, I didn't think there were any grounds for County Council to have to pay Joey Preston his entire contract PLUS, either, but look what happened. I said the grounds for a lawsuit are tenuous, didn't I?

There's a thing in the law called "fiduciary responsibility" and another legal term "breach of." A good lawyer putting the two together under certain circumstances can certainly make a good run at a successful lawsuit. Those Council members are bonded and carry blanket tort liability insurance for a reason, you know.

Ignore those two phrases at one at your own peril, because they've been known to have huge jaws and very sharp teeth.

member
2368 posts


I'm glad you think JD is right, SSHM. Did you read the entire paragraph, or did you stop after reading only the parts that back up your arguments?

-jdtippett

Those are the best parts, the parts that support a persons own argument. Although I was surprised to discover we were arguing.

member
2368 posts


Preston and his legal advisors that WE PAY FOR wont be here next year. Be sure to thank the Lord for this blessing anyway.

Oh yeah...even some lawyers that advised Joey on how to treat the people that paid his salary will not be exempt from lawsuits from the citizens either. The Council Chamber will certainly look a lot better without Thomas L. Martin sitting besides Joey and holding his hand. Maybe Martin will catch a ride with Joey out of town.

-prevail

More wishful thinking.

member
2307 posts
SSHM, I am trying to work with you here. You and I, along with a couple of others, saw this one coming - but I still think the current Council overreached. They won the match, then taunted their beaten opponents and spiked the chess board, so to speak.

Let me elaborate:

1. The buyout of Preston's contract, in an of itself, was the right thing to do. It clears the board for the next match. But I had called for some sort of compromise - somewhere LESS than what a court may order in the future if there had been litigation, but somewhere slightly higher than a year's salary and benefits. THERE IS NO WAY $1.14 MILLION IS A COMPROMISE! IT'S A ROBBERY!

2. The elimination of Joey Preston from the equation was a brilliant stroke of genius by Ron Wilson or whoever engineered it, if only because it takes away the favorite target of his critics who will control the majority vote on the new Council. However, immediately naming JP's assistant administrator to the top job, complete with a new contract, was a stroke of stupidity. I'm sure Mr. Cunningham will be a fine administrator, and I've always believe that positions like this one should be filled from WITHIN the existing hierarchy if possible. But Cunningham should have been named INTERIM administrator while a search was conducted, then the decision on the new administrator should have been left to the new Council. PERIOD.

3. And that brings me to the proposed complete audit. The demand for that audit was an effective tool JP's critics used in their ongoing efforts to get rid of him. Now, he's gone, with a "hold blameless" clause in his walking papers. BEST PATH: Save the county a million dollars or more by scrapping the "forensic audit" of past years. Establish clear, concrete policies on the use of county credit cards, Eco-Devo travel, and the authority of the Administrator to transfer funds from one account to another without Council approval. Set up a couple of ethics seminars for all employees so they will clearly understand what is and is not appropriate. Carry out an INTERNAL audit of questioned accounts. DO NOT LEAVE CURRENT ANDERSON COUNTY EMPLOYEES IN FEAR OF LOSING THEIR JOBS FOR SOMETHING THEY DID WITH THE APPROVAL OF THE PREVIOUS ADMINISTRATOR. That would be the most counterproductive thing the new Council could possibly do, and I can assure you that today, as we speak, there are county employees who are afraid they're going to be fired simply for doing their jobs as they were told to do them. (I do undertand the Lt. William Calley defense, by the way - but that's not relevant here.)

The current Council HAD a legitimate claim that they cleared the board for the new Council by dealing with the Preston issue. They had a legitimate claim that they weren't standing in the way of any audits, because they had approved a complete audit (without designating funding for it.) But by overpaying Preston to leave, and by immediately naming his replacement, they lost their claim to have "done the right thing."

No, they stuck five thumbs in the eyes of Anderson County taxpayers last night on their way out the door.

The stupidity of both sides of these issues never ceases to amaze me, SSHM - and that includes your side. I've watched this from afar, and I've seen both sides constantly demean their poltical opponents as stupid, as crooked, as incompetent, as (fill in the word du jour.) And I said back in June, after Preston's critics started gloating and taunting their defeated opponents, that I thought they were overplaying their hand. That was because I understood, as you did, just how strong a hand Joey Preston really had under state law.

Now, Preston's supporters have totally overplayed a very strong hand. I see no good coming out of this in the short term, and very little in the long term, because of the massive overreach. Given the opportunity to resolve the main problem that Preston has become a divisive figure, the current Council threw a new supply of ammuniton to their critics. A war that could have ended, to the benefit of everybody, instead was deliberately escalated with a pair of "in your face" votes last night.

I have always agreed with you, SSHM, that stupid should hurt more. Unfortunately, in Anderson County, it often seems that both sides have had their "stupid" nerves cut and don't feel a thing. In fact, there seems to be an epidemic of brain damage in Anderson County that has infected both sides of the issues.

At some point, SSHM, somebody in Anderson County who is both smarter and more patient than either one of us is going to step in a mediate this foolish, destructive war of words and actions so Anderson County can finally be dragged, kicking and screaming, at least into the 1980s. Perhaps that may will be Cunningham - but the way his hiring was handled, I have my doubts. He is already being undermined by Joey's critics here, and I don't see him as having much chance to win over the new Council after this outrage that he had little to do with.

It's sad, really. I don't know him, but from everything I've heard he has all the ability in the world to be a great administrator - but in a county that doesn't eat on its own for sport. This will never end until both sides make peace and decide to work together, without the games they're both guilty of playing.

And, after last night's squandered opportunity to make peace, I just don't see that happening.

-jdtippett

 

Ok JD ... long reply ... (point by point ... paragraph by paragraph)

1.) Sending JRP on his way now is a brilliant move. A move that, as I have said other places, forces the hand of the incoming council to focus on ANDERSON COUNTY and not a modern-day-political version of the Spanish Inquisition. As for the payout of the contract-in-full ($1 million+), it is reasonable to say that the County was seeking to mitigate ANY possible avenue of liability from JRP or his legal "staff." Take the money and run, as Steve Miller would say. Is it high? YES. Is there ANY chance of him returning, crying wolf, or otherwise hindering the progress of the incoming council? NO.

2.) Here's the problem with a search, JD. For a group of individuals that are coming into office, tasked with what they believe is a mandate to chop heads, cut taxes, and, for a lack of better terms, eliminate county government, do you really think they will part with ANY "coin of the realm" to find a new county administrator? Remember, this group ABHORS the County Administrator form of government and takes issue with coffee from Starbucks. Monies to properly fund a national search for a County Administrator ... really ...

3.) I totally agree. I don't see this happening, sadly. I fully believe that in January, one of two things will happen: 1.) We will see the emergence of a penny-in, penny-out audit, operating under the existing ordinance from THIS year to provide for an audit without cost limits. If that is not the case, then we will see ... 2.) Squabbling and bickering over who is the most conservative and most fiscally responsible member of council ... and how THEY (the given individual on council) will not have their name tied to an audit that financially could either grind the county to a halt or sink it financially. Either way, this group has painted themselves into a precarious position of having to make good on ... lowering taxes, making government transparent, reducing headcount ... all while not raising taxes or cutting existing services. Yup ... that noose looks long enough from here, I tell ya.

I don't look at it as overpayment, JD. I look at it as minimizing the exposure to legal costs, court fees, and basically tying up Anderson County in a series of court room battles for what could be a number of years. It was a total "cut our losses, send him on his way" approach. You've seen the figures for what MCW has racked up against county council ... would it not be prudent to cut our losses in such a way as to make certain JRP has no reason and no means of recourse to knock on the door after his settlement? I believe 1.14 million is more than enough to make sure that does not happen.

I don't think they overplayed their hand JD. I believe it was the ONLY hand that could be played - played to keep Anderson County out of the courtroom and out of what could have been a sticky contractual settlement. Now, if it were I that were to have played that hand, I would have moved to enter executive session and settle the contractual dispute there. It was a personnel matter that should have remaind behind closed doors. I will agree, with you on this ... methinks someone watched one too many re-runs of Apocalypse Now and fancied the line uttered by (Lt. Col. Bill) Kilgore:

"I love the smell of napalm in the morning . . ."

So where does this put us now . . . ?

Peace is gone. I doubt there will ever be an opportunity to provide unity in the public sector - at least for another 10-15 years. I believe the pro-growth and pro-JRP crowd is content to wait for the aging out of the anti-growth, anti-JRP crowd. Time and good health is definitly on the side of those that are for growth. I also believe, as strange as this may sound, that the means for progress in this county will no longer run through the Historic Courthouse on the 1st and 3rd Tuesdays of each month.

If anything, the path to progress will bypass it entirely.



- 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
?
611 posts

sshm says "If anything, the path to progress will bypass it (Anderson County) entirely."
sshm, you should know that progress under Preston's so-called leadership has been a standing joke on most street corners and coffee shops, and even at some high price restaurants. He has taken our county BACKWARD, not forward. Other counties around us are reaping the benefit from our backward spiral. They all want Preston to stay in Anderson which gives them a big advantage with securing new business.

member
1114 posts

Admittedly, I know little to nothing about contract law, but what I don't understand is why you would buy someone out of a contract because you anticipate a breach of that contract. Should you not be forced to wait until the contract has actually been breached? I mean if the incoming council had done anything other than fire him, would he be entitled to this buyout? I really am asking.


-ibvirginia

 

Jenny, that is the problem with using logic!

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