Lawsuit illegal?

Full school board needed to OK suit, attorneys say


December 15, 2006

By BOBBY HARRELL
Index-Journal staff writer

Several attorneys, including an open-meetings law expert, say select Greenwood School District 50 officials might have acted illegally in authorizing a law firm to file a $50 million countersuit without first seeking the full school board’s consent in the form of a public vote.
Board vice chairman Frank Coyle has told The Index-Journal that District 50 told Childs & Halligan to “handle” the lawsuit filed by Henry Johnson, former owner of the Rental Center, along with the South Carolina Public Interest Foundation Nov. 3 against District 50, its installment purchase bond plan, superintendent Darrell Johnson and former chairwoman Dru James.
The action stems from a private “officers meeting” that was conducted without the knowledge of several school board members. The full school board has neither discussed nor approved the countersuit in a public vote, which attorneys indicate is a necessary legal step.
Coyle said he wasn’t aware of the $50 million countersuit for damages until Childs & Halligan’s representatives told him, board of trustees chairwoman Miller and Darrell Johnson on Dec. 6 — two days after the countersuit was filed.
Jay Bender, South Carolina Press Association attorney and Freedom of Information Act expert, said the board has to vote in public to authorize its attorney to file a countersuit.
The board of trustees cannot take action unless it first meets as a board, where it has to give notice and convene in public, Bender said.
“Frankly, I think it’s an outrage,” he said.
He said the countersuit is not a defense, but a separate suit that would need the full board’s approval.
Bender said no lawyer would file a countersuit without the express approval of his client. He added it was poor politics for a public body to claim to have been legally injured.
“(It’s) foolish to say a citizen can’t resort to court to test the legality of what the district wanted to do,” Bender said.
District 50 officials and some board officers refused to speak to The Index-Journal about the countersuit, instead referring all questions to Childs & Halligan. Section AR BDG-R of the Greenwood school board policy says, “The attorney reports to the district board.”
The Index-Journal has learned the district’s attorneys Childs & Halligan filed the suit on behalf of the district, but it is not known who within District 50 initiated and authorized the countersuit. Darrell Johnson and Miller referred all questions to Childs & Halligan.
Johnson’s administrative assistant Nelva Temple told The Index-Journal that there weren’t any notes taken between some of District 50’s board members, District 50 administration and Childs & Halligan during an “officer meeting” from which the countersuit arose.
Attorneys representing Greenwood County and City Council agree with Bender.
Chuck Watson, Greenwood County attorney said that, under the Freedom of Information Act, all actions of a public body have to be taken in public.
“No public body can instruct their attorney to file a lawsuit except in open session at a public meeting,” Watson said.
He said anything done in a private session is completely void. A lawsuit would be the decision of a governmental body, such as Greenwood County Council or Greenwood School District 50.
“The presiding officer has no more authority than any other board member,” Watson said.
County manager Jim Kier said the county’s attorney would make a recommendation to the council rather than take action on his own.
“I wouldn’t expect our county attorney to take any action without consultation from council,” he said, adding that in the lawsuits the county has been in before, the attorney’s actions have been directed by the council.
Stephen Welch, city attorney for Greenwood City Council, said that any legal action the city takes goes before the council, including lawsuits.
City manager Steven Brown said no one can initiate a lawsuit without Greenwood City Council’s opinion. He said the council’s attorney couldn’t do that because it was beyond the normal budget activity for the attorney.
“I would think in legal matters the only people who can speak on behalf of the city is the mayor and city council,” he said.
He said city council sets policy.

 

Nonprofit group OKs school bond resolution


December 15, 2006

By BOBBY HARRELL
Index-Journal staff writer

The nonprofit corporation designed to help Greenwood School District 50 with its bond installment purchase plan was officially created Thursday night.
The formal bond resolution also was approved at the meeting.
District 50 trustees approved the issuance of bonds at their Oct. 24 meeting, but the nonprofit corporation’s directors are the ones who actually approve the bonds, bond attorney Bill Hirata said.
Greenwood Fifty School Facilities Inc., the name of the new nonprofit corporation, has elected its first board of directors and its officers.
Larry Jackson, former president of Lander University, was named as chairman of the board, while Raymond Perkins, a retired District 50 educator, was named vice-chairman. Robert Saul, who works at the Greenwood Genetics Center, was named secretary-treasurer as corporation officer.
Directors have terms that last three years, while the corporation will probably last the lifetime of the bonds, Hirata said.
Some directors didn’t know they were on the board until Thursday’s meeting.
Jackson said he thought the meeting was about supplying information, not about going forward with the bond resolution with himself on the board.
“So, I’m feeling uneasy,” Jackson said.
He was worried about being sued, but Hirata said Jackson could only be sued in an official capacity.
The nonprofit’s purpose is help fund the district’s installment purchase bond plan, which will leverage as much as $145 million over a 25-year period to pay for construction of three elementary schools, and renovations and modifications to the rest of the schools in the district.
District 50 won’t be the main beneficiary for the nonprofit, which will only be used for educational and charitable means, Hirata said. The nonprofit issues bonds on behalf of a government agency, such as District 50, Hirata said.
The bond plan has been thrown into question after Henry Johnson, former owner of the Rental Center, and the South Carolina Public Interest Foundation, sued District 50, superintendent Darrell Johnson and former chairwoman Dru James for the plan Nov. 3. The district’s attorneys, Childs & Halligan, countersued Johnson for $50 million Dec. 4.
The legality of that move, which was not approved by the full school board in a public vote, has been questioned by local attorneys, as well as Jay Bender, the South Carolina Press Association’s attorney and renowned Freedom of Information Act expert.
The bond resolution will continue despite the litigation, with a possible temporary bond loan of $150,000 from Dexia bank, which will be absorbed into the cost of the issuance of the bonds.
“I think this is not going to cost them any more than this,” Hirata said.
He said the nonprofit’s by-laws say trustees and District 50 administration can’t elect members to the board of directors and that no director gets a salary.
In the Facilities Purchase and Use Agreement, the key document in the bond resolution passed by the board of directors Thursday, District 50 agrees to transfer real district property and the improvements the system will make to the nonprofit. Then the district will buy back improvements and property a piece at a time over the 25-year life-span of the bonds, Hirata said.

 

 

Saluda tax relief moves forward

Council a step away from repealing contentious reassessment


December 15, 2006

By CHRIS TRAINOR
Index-Journal staff writer

SALUDA — Major property tax relief might be on the way for Saluda County residents.
County residents recently received a shock when they received property tax notices, which had increased astronomically since last year because of a new tax assessment.
Saluda County Council held a called meeting Thursday night for a second reading on Ordinance 10-06, which is an ordinance that would rescind the 2006 reassessment. The second reading was approved by the council.
That means there will now be a third and final reading on the ordinance at the 6 p.m. Jan. 8 council meeting. According to the council, if that reading passes, the property tax bills citizens received will be repealed and the county will issue new ones.
When the second reading of the ordinance passed Thursday night, the overflow crowd in council chambers at the Saluda Administration Building issued a thunderous applause.
It has been a tumultuous week for the county council. On Monday, more than 400 citizens attended the council’s regular monthly meeting. Many stood up to voice their opinions, and several heated exchanges occurred.
On Wednesday night, a called “informational meeting” at Saluda High School drew more than 700 people. More citizens voiced their opinions at this meeting, which was even more animated. One person came dressed as Santa Claus and held a sign that said, “Santa’s bag is empty because he has to pay Saluda County taxes.” Many in attendance brandished signs and stickers that read “

 

 

Lessons in Gratitude


December 15, 2006

By CHRIS TRAINOR
Index-Journal staff writer

Lakelands-area teenagers are in the giving spirit this Christmas season.
Students from Prakash Elston’s senior economics class at Greenwood High spearheaded a donations drive during the last month to benefit the local Blue Star Mothers chapter. The Blue Star Mothers are a group of mothers and family members of troops stationed in Iraq and Afghanistan.
The group announced in November it would be taking various donations to put in care packages to send to the troops.
The Greenwood Red Cross has been the public donation drop-off point for the drive.
Elston’s class on Thursday officially made its donation to the group on behalf of Greenwood High School. The donation drive was dubbed Operation Gratitude. With Blue Star Mothers representative Mona Johnson and Greenwood Red Cross operations manager Barbara Turnburke in attendance, students donated several large boxes filled to the brim with donations for the troops.
“I can’t say enough about the work you all have done,” Johnson said, addressing the class. “You guys have no idea how much the troops appreciate this. You are the hometown heroes to them.”
Turnburke was thrilled with the size of the donation.
“These students have collected as much as the whole community combined,” Turnburke said, a broad smile on her face. “We have been pleased with what we had collected, but what we’ve gotten here today has blown us away.”
Greenwood senior Ashley Teddard headed up the project on the student level.
“We made posters and put them up all over school,” Teddard said. “And , honestly, we were surprised by how much we got. We got some financial contributions, as well.”
Elston said she was planning for her class to do a service project during the holidays, saying she encourages her students to be responsible citizens. When she heard about the Blue Star Mothers and their cause, she thought it would be the perfect cause for Project Gratitude.
Elston said it was Teddard’s idea to take the project schoolwide.
Johnson said the large donation the GHS students made impressed her.
“It really speaks volumes to the character the students have here,” Johnson said. “It shows how they feel about our country, and how they feel about the men and women in the service from the Greenwood area.”

 

Eddie Baer

Edwin A. “Eddie” Baer, 69, died Sunday, Dec. 10, 2006 at Shoreham Nursing Home, Marietta, GA. Born in St. Joseph, MO, he was a son of the late Charles Franklin and Irene Waggner Baer. He was the former owner of Baer Sign Company and Interstate Sign and had worked with Rainbow Sign Company. He served in the SC National Guard and was Methodist.
Surviving is his wife, Joyce Foxworth Baer of Lakeland, FL; two daughters, Bonnie McBrayer of Kennesaw, GA, and Nicole Carter of Columbia; a son, Edwin A. “Ed” Baer, II of Kennesaw, GA; a sister, Rosann Rinaldi of Sarasota, FL; three brothers, Charles H. “Spanky” Baer, Phillip J. Baer and Billy Baer, all of Greenwood; and five grandchildren.
Services will be at 1 p.m. Saturday at the Harley Funeral Home Chapel, with the Rev. Randy Ouzts officiating. Burial will be in Greenwood Memorial Gardens.
Pallbearers will be Reggie Moore, Frankie Baer, Andy Rinaldi, Jake McBrayer and Tyler Baer.
Honorary escort will be the retired employees of Rainbow Sign Company.
The family will receive friends at the funeral home on Friday from 7 to 9 p.m.
The family is at the home of his brother, Billy Baer, 306 Crosby Road, Greenwood.
Memorials may be made to the Faith Home, PO Box 39, Greenwood, SC 29648.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.


Charlie Berry

BUFFALO, N.Y. — Charlie Berry, formerly of Ninety Six, SC, passed away Tuesday, Dec. 12. He was a son of the late Ada Berry Robinson and the late Amos Robinson Sr. Services will be held Friday at 11 a.m.
Thomas Edwards Funeral Home, 995 Genesee St., Buffalo, NY is in charge.


John Funke Jr.

John Funke Jr., 87, of 1110 Marshall Road, husband of Olive Cox Funke, died Thursday, Dec. 14, 2006, at Wesley Commons.
The family is at the home in the Tree House at Wesley Commons.
Services will be announced by Blyth Funeral Home & Cremation Services.


John Bunyan Harris III

GEORGETOWN — John Bunyan Harris III, 54, passed away Dec. 11, 2006. Born Jan. 9, 1952, in Greenwood, South Carolina, he was the son of John Bunyan Harris Jr. and the late Marian Leake Harris.
John was raised in Greenwood, South Carolina and graduated from Greenwood High School in 1970. He graduated from Clemson University in 1974 with a Bachelor of Arts, with a double major in economics and history. He then attended The Johns Hopkins University’s School of Advanced International Studies, where he received a Master of Arts in International Relations in 1977. In 1980, he also received a Master of Business Administration in International Finance from The George Washington University.
After graduation from business school, John worked as a consultant for numerous government agencies in Washington, DC, including the Overseas Private Investment Corporation from 1979 to 1982. In 1985, he co-established Greenwood Research, Inc., an investment management firm originally based in Washington, DC.
In 1988, John began a parallel career in real estate development. He co-managed numerous residential projects, including Ocean Park at DeBordieu and Lakeside at Litchfield by the Sea.
John has served on numerous committees and boards of Clemson University, including two terms on the University Foundation Board (1990-1998). He has continuously served as Chairman of the Wallace Pate Foundation, which manages Clemson’s conservation easement properties in DeBordieu. He also served as Vice Chairman and Chairman of the Board of Trustees for the Lowcountry Day School.
John is survived by his wife, Anne C. Harris; his two daughters, Emily of New York, New York and Ashley of Atlanta, Georgia; his son, John of Bethesda, Maryland; his father of Greenwood; two stepsons and one stepdaughter; and two brothers and one sister.
A memorial service will be held at 3 p.m. on Sunday, Dec. 17 at the Harris residence in DeBordieu, with The Rt. Rev. Fitz Simons Allison officiating.
Memorials in John’s name may be made to Clemson University’s John Harris Student Center at DeBordieu (c/o Betty McClellan; P.O. Box 1889; Clemson, SC 29633) or the Lowcountry Day School’s John Harris Memorial Fund. Mayer Funeral Home in Georgetown, South Carolina is in charge of the arrangements.
John will be remembered for, among many other things, his love of the Clemson orange, lowcountry living, his affinity for music and his love for his family.


Paul Hazel

WATERLOO — Paul Eugene Hazel, 94, of 265 Lake Overlook Road, Waterloo, widower of Sara Starnes Hazel, died Wednesday, Dec. 13, 2006 at NHC of Clinton.
Born in Newberry, he was a son of the late Sidney Lee and Dessie Troutman Hazel. He was retired from J.P. Stevens and Burlington Industries. He was a Shriner and was of the Baptist faith.
He was preceded in death by three sons, Leland Hazel, Sidney Hazel and Louis Hazel; sisters, Mattie Holt and Elizabeth Ott; a brother, James Moates and a grandson, Richard “Round” Mason.
Surviving are four daughters, Joyce Pitts of Newberry, Jolene Mason of Joanna, Carol Sluder of Seneca and Phyllis Powell of Greenwood; a son and daughter-in-law, Arthur “Artie” and Anne Hazel of the home; 20 grandchildren; and 30 great-grandchildren.
Graveside services will be at 1 p.m. Friday at Greenwood Memorial Gardens, with the Rev. Barry James officiating.
The family will receive friends at Harley Funeral Home on Friday from 11:30 a.m.-12:30 p.m.
The family is at Paul Hazel’s home, 265 Lake Overlook Road, Waterloo.
Memorials may be made to Hospice House, c/o HospiceCare of the Piedmont, 408 W. Alexander Avenue, Greenwood, SC 29646.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.


Jack Hopkins

Jack Tyrus Hopkins, 75, of 1222 Ninety Six Highway, husband of Nelly “Mickey” Bowling Hopkins, died Thursday, Dec. 14, 2006 at Hospice House.
Born in Greenwood, he was a son of the late William Fred and Emma Chastain Hopkins. He was retired from Abney Mills, Grendel Plant.
He was the last surviving member of his immediate family.
Surviving is his wife, a daughter, Vickie Lynn Hopkins and a son, Tyrus Lee Hopkins, all of the home.
Services will be at 3:30 p.m. Saturday at the Harley Funeral Home Chapel, with burial in Greenwood Memorial Gardens.
The family will receive friends at the funeral home on Saturday from 2:30-3:30 p.m.
The family is at the home.
Online condolences may be sent to the family by visiting www.harleyfuneralhome.com.


Julius ‘Buddy’ King

ABBEVILLE — Julius Hamilton “Buddy” King, 80, resident of 365 Bulls Horne Road, husband of Jean Bradberry King, died Wednesday, Dec. 13, 2006 at Abbeville Nursing Home.
Born in Abbeville Co., SC, he was a son of the late Benjamin H. and Bessie Ervin King.
He was a World War II Navy veteran. Buddy was retired from the United States Postal Service in Greenville, SC. He was a Mason and a member of the Spartanburg Lodge. He was an active member of New Hope Presbyterian Church, where he served as a deacon and elder of the church. He was also the former Superintendent of the Sunday School Classes.
He is survived by: his beloved wife of 59 years, Jean Bradberry King of the home; 1 daughter, Sandy Harper of Abbeville, SC; 2 sons, Michael King and his wife, Aggie, of Easley, SC and Mark King and his wife, Susan, of Abbeville, SC; 1 brother, Allen King of Abbeville, SC; 1 sister, Jean McCalla of Iva, SC; 4 grandchildren, Ashley King, Jeremy King, Heather Rico and Abby Abner; 1 great-grandchild, Reagan Rico.
Funeral services will be conducted Saturday, Dec. 16, 2006 at 2 p.m. from New Hope Presbyterian Church, with Mr. Pat Hodge and Mack Cason officiating. The burial will follow in Midway Baptist Church Cemetery. The family is at the home, 365 Bulls Horne Road, Abbeville, SC.
The body is at The Chandler-Jackson Funeral Home where the family will receive friends from 6 until 8 p.m. Friday evening.
Memorials may be made to New Hope Presbyterian Church, 1484 Hwy. 28 Bypass, Abbeville, SC 29620.
Online condolences may be made to the King family by visiting www.chandlerjacksonfh.com.
The Chandler-Jackson Funeral Home, Abbeville, SC, is in charge of arrangements.



Carroll ‘Calvin’ Martin

WARE SHOALS — Carroll “Calvin” Vincent Martin, 36, of 306 Turkey Creek Road, died Tuesday, Dec. 12, 2006.
Funeral services are 1 p.m. Saturday at Springfield Baptist Church, Level Land Community, by the Reverend Rudolph Green; burial in the church cemetery. The body is at Robinson-Walker Funeral Service and will be on view Friday beginning at noon and will be placed in the church Saturday at noon.
The family is at the home.
Robinson Walker Funeral Service, Ware Shoals, SC, is in charge of the arrangements.


Alta T. Self

PARKSVILLE — Mrs. Alta Talbert Self, 86, of Church Street, died Thursday, Dec. 14, at Self Regional Medical Center.
Funeral services will be held Saturday, Dec. 16, at 11 a.m. at Parksville Baptist Church. Burial will follow in the church cemetery.
Mrs. Self was a native of McCormick County. She was a member of Parksville Baptist Church and was a homemaker.
Survivors include 2 sons, Gary Keith (Becky) Self, Simpsonville, SC, Lathen (Judy) Self, Parksville, SC; special relative Mac Winn, Plum Branch, SC; 4 grandchildren, Gary Self, Angie White, Todd Self and Toni Kirkland; 5 great-grandchildren.
The family will receive friends Friday, Dec. 15 from 6-8 p.m. at Parksville Baptist Church social hall.
Edgefield Mercantile Funeral Home is in charge of arrangements.


Joe Syrkett Jr.

Joe Syrkett Jr., 68, of 136 Singleton St., husband of Mary Lockhart Syrkett, died Dec. 12 at his home. Born in Greenwood Co., he was a son of the late Joe Syrkett Sr. and Ruth Mosley Syrkett. He was a member of Mt. Pisgah Baptist Church and retired from Grede Foundry and was a veteran of the US Army.
Surviving are his wife of the home, three sons, Anthony Lamont Mathis of Ninety Six, Gregory B. Syrkett and Orlando Syrkett of Greenwood, four daughters, Martha Thomas, Joann Hurley and Jackie Morton of Greenwood and Minister Darlene Saxon of Greenwood, one sister, Martha S. Fernandes of Greenwood, 23 grandchildren and nine great-grandchildren.
Funeral services will be held Saturday at 11 a.m. from Mt. Pisgah Baptist Church with Rev. Otis Cunningham officiating. Burial will be in Evening Star. The family is at the home. Percival-Tompkins Funeral Home is assisting the Syrkett family.
pertompfh1@earthlink.net.

 

Wildcats rumble

Six pins help lead Ninety Six to victory


December 15, 2006

By RON COX
Index-Journal sports editor

NINETY SIX — Spurred by six pins and one major decision, the Ninety Six High School wrestling team rumbled past Greenwood, 43-27, Thursday night in Ninety Six.
“It’s always nice to beat big, old Greenwood,” Ninety Six coach Brian Neal said. “Greenwood’s definitely improving every year and this is becoming an intense rivalry. The kids look forward to this one.”
Bates Nunamaker keyed the Wildcats’ victory by picking up one of the team’s six pins, winning in the 215-pound weight-class match over Greenwood’s Nick Mountz.
Mountz, who normally wrestles at 189, took control early in the match, jumping out to a 7-1 lead after the first period.
The Greenwood senior went up 12-3 with less than a minute in the second period before Nunamaker turned him around in position for the pin.
“One thing about Bates is he’s not going to stop,” Neal said. “He might be outmatched athletically, but he’s going to keep coming at you.”
The six-points Nunamaker picked up for his team with the pin put the Wildcats up 37-15 with just four matches remaining.
“The 215 match was big,” Greenwood coach Greg Brewer said. “Nick usually wrestles at 189 and the extra weight might have been too much for him and that’s my fault.”
Greenwood’s Detravious Ross, at 275, followed by pinning Ralph Wilson. Ross led 11-0 before locking Wilson to the mat with 10 seconds left in the match.
Gary Hepler locked up the Wildcats’ victory by pinning Cody Pippin in 1 minute at 103, giving Ninety Six a 43-21 lead.
The Eagles were able to close the gap behind back-to-back pins from Andy Greer, at 112, and Michael Hellman, at 119.
“They’re real tough at 130. They’re real tough at 152. They’re real tough at 171 and 189 and we knew that coming in,” Brewer said. “We just tried to bump people around to match up and have an opportunity to win.”
The Eagles jumped out to an early 12-0 lead behind two straight pins: a first-period pin by Al Ward, at 125, and a third-period one from James Long, 130.
But Ninety Six won the next two matches to pull to within two. After Will McClam pinned Greenwood’s A.J. Hinen, Ninety Six’s Michael Rounds picked up a major decision in 140 over Rakimme Long, who usually wrestles at 135.
The closest match of the night came at 145. Greenwood’s Matt Carroll and Ninety Six’s Shaun Richards went back and forth for the first two periods. Carroll took control late in the second and came away with a 15-8 decision, giving the Eagles a 15-10 advantage.
But that lead disappeared one match later when the Wildcats’ Chris Curreri pinned Anthony Maggard in the first period.
It was the first of five straight wins for Ninety Six.
At 160, Tyler Neal and Greenwood’s Chris Abeyta, who normally wrestles at 152, were all tied at 2 heading into the final period. Neal opened the third by escaping from the opening hold to earn the go-ahead point. Neal went on to win 8-2.
Ninety Six’s Chris White and Eric Abney followed with back-to-back pins.

 

Tough road ahead ... again for federal court nominees

December 15, 2006

Senator Lindsey Graham, R - S. C., got a lot of attention a while back when he helped broker a bipartisan agreement that would allow for a Senate vote on judicial nominees. All of that attention wasn’t positive, though. Graham’s effort earned him some choice criticism from some who objected to how the agreement came about.
Still, had something not been done to facilitate the process, you have to wonder if John Roberts and Samuel Alito would now be Chief Justice and Associate Justice respectively of the U. S. Supreme Court. Others have taken their seats on the federal bench since then, too.

NEVERTHELESS, FROM ALL appearances Graham may yet have to redeem himself with some constituents. With Democrats taking control of both the U.S. Senate and House, he is likely to have another battle to fight, too.
Senator Patrick Leahy, D-Vermont, will be the new chairman of the Judeiciary Committee. He’s said he intends to “repair real damage done to our system of government over the last few years.” That’s a sure indication that the President’s judicial nominees will have a hard time just getting an up or down vote in that Committee, let alone the full Senate.
As the chief counsel of one group, the Concerned Women for America (CWA) said, “Leahy continues to make the same old unconstitutional power grab of the President’s authority to nominate judges. If he wants bipartisan cooperation, he should stop acting as if he’s co-President. The Senate’s duty in the appointment role is to vote on the President’s nominees. Senators have no authority to-co-nominate.”

THAT COULDN’T - OR SHOULDN’T - be clearer. Still, the system works to allow Senators to obstruct the process. That’s been demonstrated many times, especially since this president has been in office. With Democrats in the majority it will take a Herculean effort to get judicial nominees approved.
Senator Graham, rightly or wrongly, broke the logjam when his party was in power. That got some needed justices on board.
If he can do that with Democrats calling the shots, he just might win back some of the former supporters he alienated in the past.
Maybe.