The New Council
Ellie, the first order of business will be selecting a new Chairman of County Council. Discussions leading up to that decision can be (but do not have to be) held in executive session. It keeps the bloodletting out of sight of their adoring public, so they can come out of executive session and give the appearance of getting along like good little boys and girls in their first chance at playtime together. 
I've argued in the past in Pickens County AGAINST having that discussion behind closed doors, and I lost the argument. It may be hypocritical of them to campaign on a policy of open government, then run to the bunker to hide out and discuss their first big decision, but it's perfectly legal under the FOIA for them to do so. Or, at least, that's what I was told when I formally contested one of those closed-door organizational meetings a couple of decades ago.
No, it isn't legal. By state law only contractual, legal and personnel issues may be discussed in executive session.
SC 30-4-70
"Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held, the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing."
Looks to me like appointing a chairman might fall under this "appointment of a person to a public body" ???
It also deals with a possible promotion and with compensation (since the CC Chairman gets higher pay than the other Council members.)
Ellie, I agree with you that these discussions should be held in open session. Read the context of what I wrote above. I just don't think it's illegal for them to go into executive session if they choose to do so, whether we like it or not.
Maybe it's to chat about hiring a new county attorney? Mcnair made enough money off the 8 losses by MCW's lawsuits in the past few years.
Simply put, this "new & inproved"council is nothing different than the old and well-worn version. There has already been clear discussion that the swing to conservativeness, elimination of any projects which do not enrichen the coffers of the campaign contributors, and firing of those who opposed council in the past WILL be the SOP.
Open and transparent....my left eye.
"Oh ye of little faith"......
Give the new Council a chance. Yesterday two of the new members toured some county offices wjith Mr. Cunningham and met some employees. It was a good start!
I agree with Ron. Rather than assume the worst, give the new council the benefit of the doubt and see what happens.
"Oh ye of little faith"......Give the new Council a chance. Yesterday two of the new members toured some county offices wjith Mr. Cunningham and met some employees. It was a good start!
-nomadron
Right. Tours make the difference. Hillary toured Appalacha (as did Bill when he was President). Guess what? Poverty and unemployment are still the main industry there. Hillary told rural Pennsylvania that she would bring them high speed internet. They still don't have working phones. Her adopted state of New York still doesn't have high speed internet in rural areas and small communities.
On a smaller scale, these newly-elected County Council guys are politicians. They are good at shaking hands, smiling and promising things. I'm hopeful but skeptical. They don't deserve a chance, they have to earn it.
It also deals with a possible promotion and with compensation (since the CC Chairman gets higher pay than the other Council members.)
Ellie, I agree with you that these discussions should be held in open session. Read the context of what I wrote above. I just don't think it's illegal for them to go into executive session if they choose to do so, whether we like it or not.-jdtippett
The courts have already ruled on this. It was held that using a secret ballot or going into executive session to elect a mayor pro-tem by the city of Union was illegal. All such discussions and votes must be held in public session.
Only contractual, legal or personnel matters may be discussed in executive session and no action may be taken in the executive session.
Leopold, you're going to have to cite a specific case on that one before I'll buy into your contention hook, line and sinker. I'm aware the courts have consistently ruled that elected bodies cannot VOTE in executive session, but I am totally unaware of any case where discussions regarding appointments, compensation and personnel matters - including discussions regarding the County Council Chairman - were ruled illegal under the FOIA.
Enlighten me here. Did the case you mentioned hinge on the executive session vote, or on the legality of the executive session itself? I'm not a lawyer, but I do try to keep up with issues relating to the FOIA. Seems I might have missed one that would change the entire essence of that law. How 'bout throwing me a nickel's worth of sound legal counsel. 
This is a perfect time for the Council to amend ordinances that moved power to the Administrator, regain more control over the direction the county takes, assess where we are financially, what needs to be changed, how to make the government more efficient and how to cut costs.
Executive session allows the Council to discuss matters, votes have to be done out of executive session. JD is correct.
How tiring it is to keep reading it's all C Wilson's fault and Waldreps. It is completely unrealistic. The legal fees for those law suits you blame on them accounts for only a portion of what we have paid McNair. BTW, C Wilson & Waldrep were not to blame for the buyout, Wilson, Thompson, McAbee, Greer & Floyd were. Too many bought into their line about saving the county millions from a law suit. There had been no actual breech. Even their own lawyer made that statement. The five who pushed that deal through would not listen. They lacked the courage to allow the new Council to deal with it and caved in on a mere threat. The personnel committee excluded Wilson & Waldrep against policy from entering the second meeting because they did not want them to hear the lawyer say again, there had been no breech. If only the new Council would allow him to speak about that. It would clear up a lot. Maybe we can get a contract lawyer to do an editorial piece in the AIM to clairify the actual process for that action. This is a perfect time for the Council to amend ordinances that moved power to the Administrator, regain more control over the direction the county takes, assess where we are financially, what needs to be changed, how to make the government more efficient and how to cut costs. Executive session allows the Council to discuss matters, votes have to be done out of executive session. JD is correct.-1-opinion
A new year and the same old worn out song. Get a new tune.
A new year and the same old worn out song. Get a new tune.
-republikin
That was my point. Get off the C Wilson/Waldrep "fault wagon" and start walking forward. I know it's hard but try.
What are the odds that M. Cindy Wilson will be the Anderson County Council Chair come Tuesday?
SD
I wish you were right 1-0pinion but I suspect kindness and gentle will not be the words used to describe the new council if the claims their backers have been making in the months leading up to their swearing in turn out to be true.
What are the odds that M. Cindy Wilson will be the Anderson County Council Chair come Tuesday?
SD
-steelydan
Steelydan,
Read my new signature line for your answer . . .
- SSHM
I wish you were right 1-0pinion but I suspect kindness and gentle will not be the words used to describe the new council if the claims their backers have been making in the months leading up to their swearing in turn out to be true.
-blogger
If you have met the three new Council members you will have at least the hope we are done with the rudeness and baiting on the dias that we have all suffered through. They appear to have spent the last 6 months getting ready to move forward.
Personally I would not like C Wilson as the new Chairman, she would suffer the rudeness politely from Floyd. I want a person that calls a halt to the unprofessionalism we have all witnessed and do so with finality.
