should the new council worry about joey preston

...when the new Council is seated. Their focus is not on Preston it's on moving forward.

-1-opinion

So much for that prediction.

So much for that prediction.

-leopold-galtieri

If we are able to even recover 25% of phoney baloney contract awards over the past three years we could go a long way towards paying for that $55 million we are getting ready to take on in new bond debt. This has to be fought just like the Penny Tax. Let's let some of these contractors, who have bbensucking on the teat, refund some of that milk they've been enjoying. In 2004 Preston was only required to keep the previous three years of contract paperwork. You people do remember "the great shred" event in Anderson County? Right.
 
I think a review of the purchasing code in the county ordinances will show a very interesting path of remolding of the purchasing powers of the Mr. Preston and the finance director over the course of Mr. Preston's tenure. Preston wrote his employment contract to say he could do anything and defend whatever he did with county money. Then he reworks the county ordinances to allow him to do whatever he wants as to contract awards. Especially the changes made in 2002 and then 2004. The codes have been modified to give Preston and finance director all the leeway they needed to do whatever they wanted basically. Either Tom Martin or Joey Preston was big on that laying out this long descriptive body of an ordinance and then right at the end have "unless the county administrator or finance director think otherwise (paraphrase)."
THAT is why you hear Tippett and SSHM and wyatt and sophievoter and many others keep saying, "well was it illegal". I guess if you have the power to rewrite ordinances to say whatever you want them to say, is there anything that isn't illegal (as long as you and your five in the pocket councilpersons write them into the rules)? Oh you bet your sweet butt they are still illegal. 

S.C. Code 1976, § 11-35-410
SECTION 11-35-25. Supersession of conflicting laws. If this code applies to a procurement, the provisions of this code supersede all laws or parts of laws in conflict with it to the extent of the conflict including, but not limited to, the principles of law and equity, the common law, and the Uniform Commercial Code of this State.
SECTION 11-35-30. Obligation of good faith. Every contract or duty within this code imposes an obligation of good faith in its negotiation, performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

Sec. 2-637

"Every independent, certified, professional accountant or accounting firm selected to perform the county's external, independent financial audit under this subsection must include, on staff, a certified fraud examiner who shall, as a part of the county's external, independent financial audit, review for fraud, according to accepted and recognized, established accounting policies and procedures. "

(Ord. No. 394, Div. 3, § 7, 10-5-93; Ord. No. 96-032, § II, 1-21-97; Ord. No. 02-007, § 1, 3-5-02)

To my dear neo-Tillmanist:

I do believe that JD has all ready highlighted that certain groups (engineering, architecture, lawyers, etc.) go through a qualification process and not a traditional bid process. The reason I keep harping on Nexsen Pruet is that you have a group that was elected on the notion of "transparent and open government." In other words, how many other firms were considered for work with the county and what was the reasoning for not using them?

Simple question that I can't get an answer for.

Speaking of things that are simple, have you ever heard of an "indefinite delivery" contract? Let me provide you with an official example:

An indefinite delivery contract is an acquisition tool that has grownsubstantially in popularity over the last decade. There are three typesof indefinite delivery contracts: definite quantity,indefinite-quantity and requirements contracts. All three are used toacquire supplies and/or services when the exact times and/or exactquantities of future deliveries are not known at the time of contractaward. Requirements contracts and indefinite quantity contracts arealso known as delivery order or “task order” contracts.

Source: http://www.mbda.gov/?section_id=4&bucket_id=154&content_id=2303

What you opt to call "sucking at the teat" may indeed be nothing more than a series of indefinite delivery contracts exercised against a group of qualified contractors.

Let me know if that 3XL "Red Shirt" isn't big enough for you (or your ego).

- SSHM

Let me know if that 3XL "Red Shirt" isn't big enough for you (or your ego).
- SSHM

-sshm

Now that's funny. At best that is the pot calling the kettle black. I have always wondered if your home has extra wide door frames so you can get your inflated ego through them. 

As some people keep posting these grey posts, that have no definitive purpose, let's go and see if that was indeed what it was, an "indefinite delivery contract." Is the poster just suggesting that is what it might have been or is the poster saying authoritatively that is what it was. Which if the poster would reveal the full context of his quote, it would show that type of contract to be generally used for consummables. Whatever kind of contract it was if it was given out without proper protocol, it could be challenged and invalidated.

Home rule doesn't permit indefinite delivery contracts, as they would (if such a things exists in construction, engineering, legal and such) expire with each outgoing council. Just because you call them something fancy doesen't mean the intent and purpose of the contract giver and the contract winner wasn't collusive. They just figured out a way around the statutes and ordinances. Shame on those ordinance writers for writing ordinances that permit this pay for play activity. Oh, oh OMG I forgot Preston wrote his own employment contract and modified these procurement ordinances opening those doors for potentially abusive practices. Pretty clever I'd say.

Oh, oh OMG I forgot Preston wrote his own employment contract and modified these procurement ordinances opening those doors for potentially abusive practices. Pretty clever I'd say.

-cromagnon

I beg to differ on this point. Tom Martin of the McNair law firm wrote all of those ordinances and the employment contracts for Preston at his request. I kept waiting to hear Martin say he could not represent the county on an issue because his client was actually Preston. Alas I was robbed of the moment by the buyout and Martins departure to assist Oconee in possibly becoming as dysfunctional as Anderson had become.

Good point about the ordinance changes and highlighting what the new Anderson County Council will need to do to reverse the direction Preston took unchallenged and get back to the Council/Administrator form of government.

While we are at it, the Guest Editorial piece by Fred Foster was indeed a piece of work. He pulled the race card offering a slanted view and ignoring case law. Cunningham is in a difficult position but the past councilmen put him there and he accepted being put in that position. Foster forgets that until Cunningham  accepted a contract he knew became void after the first of the year he had been an "at will employee". Foster also forgets that Cunningham got a nice raise with or without a contract. Preston was initially hired as an "at will employee". W Floyd and Preston came up with the now infamous employment contract.  The racial make up of the council has remained exactly as it was before yet Foster tries to make that out to be a new and significant deciding factor in how this most recent action was decided. Many would welcome the option of recall with exception of those who would clearly have faced a recall vote after November 18th. Foster would be appreciated if he would spearhead the movement of getting a recall vote passed in our state, otherwise he should in the immortal words of Clint Eastwood, "shut his yap".

Home rule doesn't permit indefinite delivery contracts, as they would (if such a things exists in construction, engineering, legal and such) expire with each outgoing council. Just because you call them something fancy doesen't mean the intent and purpose of the contract giver and the contract winner wasn't collusive. They just figured out a way around the statutes and ordinances. Shame on those ordinance writers for writing ordinances that permit this pay for play activity. Oh, oh OMG I forgot Preston wrote his own employment contract and modified these procurement ordinances opening those doors for potentially abusive practices. Pretty clever I'd say.

-cromagnon

Are you really that stupid or do you just play stupid for the sake of discussion?

Indefinite delivery contracts have a definitive start and finish date. Simplified, a governmental body could award all electrical engineering work to "x" firm for a term of five years. Now, this does not mean that there is five years worth of work, but should there be work to be dispensed with over say, five years, "x" firm gets the work.

I know first hand of a number of architectural and engineering firms in Columbia that have received an indefinite delivery contract status with the University of South Carolina. The firms I dealt with only had indefinite delivery agreements for 24 months.

If we were to follow your logic, all construction projects would have to be finished within two years so as not to intrude upon a different council, should one be elected or its membership change in a significant manner. That notion of your is beyond stupid and does not conform to the SC Supreme Courts findings in Piedmont Pub. Serv. Dist. v. Cowart or the subsequent interpretations of law based upon Piedement v. Cowart.

Gray matter between the ears ... please use it neo-Tillmanist.

- SSHM

Now that's funny. At best that is the pot calling the kettle black. I have always wondered if your home has extra wide door frames so you can get your inflated ego through them.

-1-opinion

Say . . .

Has anyone else notices that 1-Opinion and Cromagnon are never online at the same time? Has anyone else noticed that 1-Opinion and Cromagnon's writing styles are almost identical? Has anyone else noticed that 1-Opinion and Cromagnon's post always follow one another, but never post at the same time?

Things that make you go . . . hrmmmmmmm.

- SSHM

We play stupid for your enjoyment. Just like a dolphin, you keep jumping up out of the water to the bait. It is hilarious to watch!!
Whatever kind of contract was or wasn't (and since you are unable to answer if any contracts of that type exist in Anderson County history or if you just dug that up on Google to have a fish to jump at). I think our county ordinance and state law are pretty clear on any project over $50,000 being put out for bids and hte process.

1-opinion I generally think of Preston and Martin as a single entity since they enjoyed attorney-client privilege. Martin said he was not representing the people, so I can see his lawyer mind writing everythinig in county ordinances to and at the behest of Preston (his client). Kind of like lawyers who represent you in a legal contract. They try to get things into contracts that are in your favor. What they were both missing was they were supposed to be protecting the citizens of this county from abuse and corruption (that is part of their job). Seems they opened the doors wider to give themselves more wiggle room.

Your Indefinite delivery contracts are not one of the described methods of bidding contracts described by our local county ordinances. Imagine bidding out a contract, that has no parameters of time or quantity. Woldn't that be a good tool to abuse our county tax funds with. That is something the Federal government might do with their $6000 toilets, not in Home Rule.

Say . . .
Has anyone else notices that 1-Opinion and Cromagnon are never online at the same time? Has anyone else noticed that 1-Opinion and Cromagnon's writing styles are almost identical? Has anyone else noticed that 1-Opinion and Cromagnon's post always follow one another, but never post at the same time?
Things that make you go . . . hrmmmmmmm.
- SSHM

-sshm

Say,  have you also noticed how the thumbs-down brigade seems to follow these one/two bloggers?  Say, did you notice that their posts seem to be the ONLY ones getting any acknowledgement in the affirmative, while posters whom submit actual information, easily validified and usually submitted with links or other information to coroborate the post get axed?  Say, have you noticed the traffic during their time on-line?
Say, have you noticed we pointed this out two months ago?  Say, have you noticed we ain't nearly as stupid as they think we are??
Say, I wonder if anyone else here has dual identities??

Foster would be appreciated if he would spearhead the movement of getting a recall vote passed in our state, otherwise he should in the immortal words of Clint Eastwood, "shut his yap".

-1-opinion

       Fred Foster has earned his right to speak out here or anywhere he chooses, 1-Opinion. If I were going to tell somebody to "shut his yap" here, it most certainly wouldn't be him.
       For those who haven't seen it yet, here's Foster's guest editorial in today's AIM:

Council looks backward, not forward

Fred Foster
Sunday, January 25, 2009

       While watching the cable replay of last Tuesday’s Anderson County Council meeting, I was astounded that five white people played power games with Anderson County Administrator Michael Cunningham. They voted to essentially hijack his employment contract and leave him hanging in a no-win situation. If he says “yes” he gives up his contract rights. If he says “no” he looks like he wants to defy the council majority. It seems to me to be a double standard. They want Mr. Cunningham to be “at-will” while council members enjoy what amounts to a two-year contract because voters do not have the right to a recall vote. I thought it was the worst night for human rights and fairness in Anderson’s history. At best, it was the death of statesmanship in local politics.

Say . . .
Has anyone else notices that 1-Opinion and Cromagnon are never online at the same time? Has anyone else noticed that 1-Opinion and Cromagnon's writing styles are almost identical? Has anyone else noticed that 1-Opinion and Cromagnon's post always follow one another, but never post at the same time?
Things that make you go . . . hrmmmmmmm.
- SSHM

-sshm

You know how I feel. I think we wave goodbye to Boss Hogg as he rides away. Yet, I know others want to go get Boss Hogg and do what they can to him. What is on your minds about it? Should the new county council worry about finding a way to move the county in a conservative direction or should they spend their time and the people'e money going after Joey. "Boss Hogg" Preston? Have fun.

-brianmccarty

Good point, Brian, but Boss Hogg won't ride away.  He is constantly seen downtown.  He has the right to do that, but it certainly hurts Mr. Cunningham's chances of successful. 

When your old boss won't go away it makes one wonder if he is still pulling the strings.  A lot of people still think that is the case.  I wish Cunningham success, but i think he will have a hard time with the former adminstrator hanging out with employees.