Tom Martin quit?

Good Lord, I hope the County doesn't have to pay him for the next seven years under his contract, too. He's obviously very good at writing those things, you know. 

That rumor may or may not be true, as is the case of all rumors. If it's true, confirmation will come soon. And if it's true, his replacement will probably be a local attorney of Cunningham's choosing, not anybody from Haynesworth, Sinkler and Boyd. I would think Anderson County couldn't afford one of those attorneys, but after finding a leftover $1.14 million in what y'all were told back in May and June was a "barebones budget" who knows?

One never knows for sure in Anderson County until after the fact - and, by the way, I'd bet that little fact won't change even with the new Council coming in.

Nope, the new attorney is from the firm of Dewey,Cheatum and Howe. :-)

-republikin

Now then, in re yours of the fifteenth, yours to hand and made to rep, brackets, that we have gone over the ground carefully and we seem to believe, i.e., to wit, e.g., in lieu, that, uh, despite all our precautionary measures which have been involved, uh, we seem to believe that it is hardly necessary for us to proceed unless we, uh, receive an ipso facto that is not negligible at this moment, quotes, unquotes and quotes. Uh. Hoping this finds you, I beg to remain...as of June 9, cordially yours.

Regards

Gracie Floyd

It seems this rumor is true!

Liz Carey has just submitted an article to the Independent Mail Webpage on the possible resignation of Mr. Tom Martin, Anderson County Attorney, [url].

-art-kaldas

I sincerely hope when the next council is seated the ordnance is changed so the "County" Attorney answers to the County Council and looks out for the very best interest of the County of Anderson and not the Administrator.

I just read the story, and it says that Martin has reminded Council that he told the Administrator months ago that he "may" consider resigning as County Attorney as of Dec. 31. Whether you take that as a resignation or not ... well, it iS Anderson County. My guess is he's gone, but I have nothing to back up that guess since the story only hints at his (probable) departure but does not confirm it.

Good story by Liz Carey, by the way. It addresses KNOWN facts while avoiding going beyond those known facts without confirmation. That's the way reporters are supposed to handle stories like this one.

Non-seq, as for who the County Attorney answers to, I believe that's something that established by a combination of Home Rule, Attorney Generals' opinions and the S.C. Supreme Court - NOT a county ordinance. I'm not sure County Council can change that, even if they want to, nor am I sure they'd want to given that every dispute involving a less-than-unanimous Council would necessarily result in the hiring of an OUTSIDE attorney who wouldn't have a conflict of interest.

That's why I always thought it was such a hoot that Preston got a totally unnecessary vote from County Council NOT to waive attorney-client privilege in one of those past matters involving Cindy Wilson. I said then then that the option to waive that right rested with Preston, not with County Council, that he was using Council as a shield against a negative public relations hit on him, and that the vote was nothing more than showboating. Seems the members of Council were in agreement with me after all, since several of them bluntly said the County Attorney works for and through the County Administrator and not for County Council.

Non-sequitur, with all due respect, citing 4-9-30(6) means absolutely nothing unless you review it in the context of 4-9-620 and 4-9-630.

I'm not an attorney, so don't start thinking I actually read all these decisions verbatim in their entirety (including dissents, footnotes and cross-references). I don't live in Anderson County, you know, so it's no skin off my nose one way or another. 

But what you are suggesting goes to EXACTLY the same issue that Attorney General Henry McMaster addressed in his opinion of April 4, 2008, to Tom Martin regarding whether Anderson County Council can hire an "internal auditor" who answers to Council and not the Admnistrator. No, they cannot.

If some of you are so hellbent on diminishing the role of the Anderson County Administrator, regardless of who that administrator may be, why don't you just start a drive to do away with the Council-Administrator form of government altogether in Anderson County?

Other counties that have tried other forms seems to be moving toward the Council-Administrator form (Oconee County being a prime example several years ago) as a way to move forward. If a small, but hardcore group of anti-County Administrator advocates such as you seem to be a part of want to take a giant step backward in Anderson County by eliminating the Administrator's role completely and putting the jobs of every county employee at the mercy of the political winds, there's nothing in the law stopping you from doing so - well, other than that annoying little referendum deal you'd have to go through.

By the way, on that previous "attorney-client privilege" deal (you know, the "writ of mandamus" case), I agreed totally with the result of Judge Alex McCauley's ruling, but I do think he dropped the ball in his reasoning that led to that decision to deny CW's request.

Alex is a great judge, but sometimes he just doesn't think these things through when he issues opinions that answer one question but raise altogether different ones. Attorney-client privilege accrues to the Administrator, not County Council. He royally screwed up that part of his reasoning..  

JD I cited 4-9-30(6) because it is the state code cited in Anderson County's Ordinances.

I don't see where 4-9-620 (SECTION 4-9-620. Employment and qualifications of administrator; compensation; term of employment; procedure for removal.) has anything to do with the council being provided legal council on an on-going basis.

I also don't see where the 9 duties (listed below) in 4-9-630 (SECTION 4-9-630. Powers and duties of administrator.) preclude the council from having its own attorney. Is that not what just happened in the case of an attorney being hired in response to JP's letter?

The powers and duties of the administrator shall include, but not be limited to, the following:

(1) to serve as the chief administrative officer of the county government;

(2) to execute the policies, directives and legislative actions of the council;

(3) to direct and coordinate operational agencies and administrative activities of the county government;

(4) to prepare annual operating and capital improvement budgets for submission to the council and in the exercise of these responsibilities he shall be empowered to require such reports, estimates and statistics on an annual or periodic basis as he deems necessary from all county departments and agencies;

(5) to supervise the expenditure of appropriated funds;

(6) to prepare annual, monthly and other reports for council on finances and administrative activities of the county;

(7) to be responsible for the administration of county personnel policies including salary and classification plans approved by council;

(8) to be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council for that purpose; and

(9) to perform such other duties as may be required by the council.

JD it is not about "diminishing the role of the Anderson County Administrator, regardless of who that administrator may be". It is about having a "County Attorney" that answers to an elected council and has an alliegence to the same. 

SECTION 4-9-620. Employment and qualifications of administrator; compensation; term of employment; procedure for removal.

The council shall employ an administrator who shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the county government which the council has the authority to control. He shall be employed with regard to his executive and administrative qualifications only, and need not be a resident of the county at the time of his employment. The term of employment of the administrator shall be at the pleasure of the council and he shall be entitled to such compensation for his services as the council may determine. The council may, in its discretion, employ the administrator for a definite term. If the council determines to remove the county administrator, he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council. Within five days after the notice of removal is delivered to the administrator he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The administrator may file with the council a written reply not later than five days before the hearing. The removal shall be stayed pending the decision at the public hearing.

There ya go, Non-seq. I put the relevant part of 4-9-620 in italics for you (right there in the first sentence.)

So, just for the sake of argument here, if County County gets sued both as an elected body and individually over something they did with a 4-3 vote after the Administrator recommended against it, just who would the County Attorney represent in your little scenario involving a neutered Administrator?.

 

So, just for the sake of argument here, if County County gets sued both as an elected body and individually over something they did with a 4-3 vote after the Administrator recommended against it, just who would the County Attorney represent in your little scenario involving a neutered Administrator?.

-jdtippett

And not to belabor the point, but how did the council hire an attorney about the JP letter. If it was legal to do so, why can't the term of such employment be of an indefinite period?

Well, just to belabor your desire for a debate, if the County Attorney represents County Council and not the County Administrator, why did they have to hire an attorney other than Tom Martin anyway?

-jdtippett