Post Tagged with: "Johnny Gardner"

How Far Will the Deep Six Go to Block Change With a New Administrator?

May 31, 2019 8:37 AM
How Far Will the Deep Six Go to Block Change With a New Administrator?

The first phase in finding a replacement for former county administrator Chris Eldridge will be completed next week as applications from candidates must be in by June 5, 2019.

The Deep Six, council members Harold Worley, Tyler Servant, Dennis DiSabato, Gary Loftus, Cam Crawford and Bill Howard, assisted by council member Johnny Vaught, already tried to hijack this process once.

In behind the scenes maneuvering, this group attempted to promote the hiring of interim administrator Steve Gosnell to the administrator job without consideration of any other candidates. When the plot was exposed, several of the plotters backed away quickly.

Voters in the county opted for change in the way the county does business when they elected council chairman Johnny Gardner to replace Mark Lazarus last year.

Since Gardner took office, the Deep Six have attempted to obstruct change to the point of initially blocking the firing of Eldridge after he and county attorney Arrigo Carotti were discredited in their attempt to smear Gardner. That little episode cost county taxpayers approximately $300,000, the cost of paying off Eldridge to get rid of him.

But, that cost will be minimal compared to the cost to taxpayers of blocking a new vision to county administration.

Steve Gosnell has been a good engineer for the county. He has approximately two years to go before hitting the 28 year mark for full retirement. He is not the person to look to for changes in the way county government is run.

Gosnell has been head of the county’s Infrastructure and Regulation Division and an assistant administrator for a number of years, once before serving as interim administrator. He has built a working relationship with other members of senior staff and, as such, is not expected to look at what changes are necessary to make county government more effective, more responsive to the needs of citizens and more transparent.

County government does not need, in the administrator position, a two year placeholder looking forward to retirement while keeping many of the failed Eldridge policies and senior staff in place.

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Deep Six Secret Attempt to Hijack Administrator Search

May 15, 2019 3:22 AM
Deep Six Secret Attempt to Hijack Administrator Search

Only minutes after the end of the last regular meeting of county council during which plans for a search for a new county administrator were discussed, several council members moved to hijack the search.

According to information received from various council members:

Immediately after the close of the regular meeting: council member Harold Worley approached interim administrator Steve Gosnell about taking the permanent administrator job without going through the search process.

Being a single member of council, Worley had no right to circumvent the search process in this manner, but he did it anyway.

Worley contacted council member Johnny Vaught the following day, explained he had talked to Gosnell, brought Vaught on board with the plot and tasked Vaught to secure sufficient votes from other council members over the next few days.

While Vaught was contacting other council members, council member Gary Loftus contacted the county’s Human Resources Department telling them not to post the job opening for administrator as had been discussed before full council at the meeting. As a single council member, Loftus had no authority to issue such an instruction.

At the regular council meeting, Loftus made a motion to reconsider the vote to accept the separation of former administrator Chris Eldridge to add to it acceptance of Gosnell as interim county administrator. Loftus said this motion was made, “So we make sure that we follow proper legal procedure.”

After the motion to reconsider was approved, Loftus offered an amendment to appoint Gosnell as interim administrator “under short term contract to be entered into by the chairman on behalf of county council,” The amendment passed and the main motion accepting Eldridge’s separation and appointing Gosnell to interim administrator under short term contract passed.

On the dais in front of the public, proper procedure was the rule of the hour. However, proper procedure was ignored immediately after the meeting and in the next several days as this behind the scenes plot unfolded. And nobody bothered to contact the chairman until the plot was in motion and Vaught called Gardner to ask for his support.

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County Attorney Reverses Stance on Eldridge Agreement Release

April 19, 2019 9:20 AM
County Attorney Reverses Stance on Eldridge Agreement Release

One day after denying Freedom of Information requests for the release of the termination agreement with former county administrator Chris Eldridge, Horry County Attorney Arrigo Carotti honored those requests.

What changed in 24 hours? Absolutely nothing!

Carotti tried to lay blame for the initial denial of release of the agreement on a claim that is was “confidential.”

This claim apparently rose from a “non-disclosure” clause that was included in the document.

The non-disclosure clause was never discussed in negotiations with the attorney representing Eldridge in the matter, according to council Chairman Johnny Gardner. Gardner said council was told it was a standard clause the county’s Human Resources department adds to this type of agreement.

But, the clause is illegal under state law. It not only violates the state Freedom of Information Act, but also violates state statutes with respect to public contracts and the expenditure of public funds. The clause also attempted to infringe on the First Amendment protections of free speech by limiting what council members could say about the agreement.

The termination agreement with Eldridge is a public contract. The severance package for Eldridge, agreed to by council, will be paid from public funds. State statutes specifically require public disclosure of such contracts and payments.

Carotti also claimed in an email to council members that he reached out to Eldridge’s attorney to see if Eldridge would agree to public disclosure of the document. Carotti claimed he received written permission from Eldridge’s attorney and released the document at 4 p.m. Thursday.

Let’s explore those statements.

Carotti claims to need approval from Eldridge’s attorney to disclose the agreement due to a ‘boilerplate’ clause in the contract that was never part of the negotiations. Rather, the clause was put into the contract illegally by the county’s HR department and then used to initially deny public access to the agreement.

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County Council Ends Eldridge Nightmare

April 17, 2019 6:34 AM
County Council Ends Eldridge Nightmare

The nightmare that has been the reign of county administrator Chris Eldridge ended Tuesday night when county council approved a termination package to end Eldridge’s employment.

The specific details of Eldridge’s package were not announced. However, it is believed to be in the neighborhood of one year salary, benefits and allowances or approximately $300,000 cost to the county.

And it is worth every penny to get rid of a poisonous influence at the top of county government who was unilaterally despised by county employees; who often confused his role as one of being in the middle of making policy rather than carrying out the decisions of others and who quite unsuccessfully attempted to disgrace current council chairman Johnny Gardner even before Gardner took office.

The vote was 9-2 to end Eldridge’s tenure, with council members Bill Howard and Tyler Servant the odd men out. Gardner did not vote as he participated in the negotiations of the package with Eldridge’s attorney.

Howard’s no vote was for reasons apparently only he can understand. Servant tried to play his ‘guardian of the people’s money’ schtick because of the size of the settlement, never considering how much more it would have cost the county in poor management and personnel decisions to keep Eldridge in place.

Immediately prior to the vote on Eldridge, council voted to defer cancellation of a Financial Participation Agreement with SCDOT for funding of I-73 while “aggressively pursuing” defense of the lawsuit recently brought against the county by Myrtle Beach over hospitality fee collections.

Among other pleadings in the lawsuit, the city requested a permanent injunctions against the county’s ability to collect a countywide 1.5% hospitality fee for its special road fund. A portion of that fund was to be used to fund the agreement with SCDOT.

In addition to the lawsuit, three cities, Myrtle Beach, Surfside Beach and North Myrtle Beach have moved on to pass ordinances capturing all hospitality and accommodations fees collected within their corporate limits.

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Horry County Council Embarrassment Continues

April 8, 2019 9:12 AM
Horry County Council Embarrassment Continues

A discussion during last week’s Horry County Council Budget Retreat, about county council hiring its own attorney to represent council only, highlighted the deep rift that continues to plague and embarrass council as long as administrator Chris Eldridge is allowed to remain in his county position.

Council member Al Allen introduced the idea of council hiring an attorney to represent council as a body after referring to actions by county attorney Arrigo Carotti in what now appears to have been a civil conspiracy to keep Chairman Johnny Gardner from taking office.

Carotti authored a five-page memo based entirely on his recollection and interpretation of one or more conversations he had with economic development officials weeks before. The memo described actions and statements that never occurred in attempting to weave a narrative implicating Gardner in possibly illegal actions. In his narrative, Carotti made false statements about other persons in the community, supposedly in connection with Gardner and Barefoot, including yours truly.

The memo was used by Eldridge to request a SLED investigation into Gardner and his business partner Luke Barefoot. Eldridge’s request to SLED was made on the morning of December 20, 2019 after the Carotti memo had been leaked and published by a Columbia media outlet.

After the memo was leaked and published, Myrtle Beach Regional Economic Development Corporation President Sandy Davis, the primary source for the Carotti memo according to Carotti, was quoted in several media stories as calling most of the memo “fabricated.”

Carotti and Eldridge were interviewed by SLED investigators on January 7, 2019. The next day, Carotti sent an email to SLED attempting to influence the direction of the investigation and dictating what conclusions should and should not be drawn from it.

SLED found no evidence of impropriety on the part of Gardner and Barefoot during its investigation and Fifteenth Circuit Solicitor Jimmy Richardson announced there was no evidence of criminal activity.

There was nothing documenting or confirming the allegations made in the Carotti memo. It was nothing but recollections about third party conversations he and/or Eldridge had with Davis and the memo was quickly discredited by Davis to both media and SLED investigators

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Negotiations on Eldridge Departure Ongoing, Lawsuits Considered

April 4, 2019 5:00 PM
Negotiations on Eldridge Departure Ongoing, Lawsuits Considered

During the regular meeting of Horry County Council April 2, 2019, Chairman Johnny Gardner informed council members that negotiations regarding the exit of administrator Chris Eldridge are ongoing.

There have been some indications that Eldridge believes he has claims against the county that could result in an exit package of significant dollars.

What Eldridge apparently fails to understand is there are others who have potential claims against him and the apparent conspiracy to defame Gardner and others that began with emails as early as December 12, 2018.

There is no question it is past time for Eldridge to go. Four months have passed since he and attorney Arrigo Carotti began developing a narrative to defame the character and reputation of Gardner.

It has been a month since council deadlocked in a 6-6 vote on a motion to fire Eldridge, allowing him to remain in his position as administrator.

Since that vote, new information has been uncovered through Freedom of Information Act requests that point to a joint effort by Eldridge, Carotti and former chairman Mark Lazarus to develop a narrative that could be brought to SLED for an investigation of Gardner.

Eldridge requested the SLED investigation on December 20, 2018 after Carotti completed a five-page memo containing a narrative for which there were no facts to substantiate the authenticity of the memo’s narrative.

The memo was completed after Lazarus, Eldridge, Carotti and council member Gary Loftus listened on December 19, 2018 to a portion of a recording of a November 30, 2018 lunch meeting between Gardner, Luke Barefoot and Myrtle Beach Regional Economic Development (EDC) officials Sandy Davis and Sherri Steele.

On that recording, Carotti and Eldridge alleged there was evidence of attempted extortion of EDC by Gardner and/or Barefoot.

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County Says No to Secret Negotiations on Hospitality Fees

March 29, 2019 8:30 AM
County Says No to Secret Negotiations on Hospitality Fees

Horry County Council members have given a resounding NO to holding secret negotiations with representatives from the municipalities about hospitality fees and possible funding for I-73.

The City of Myrtle Beach proposed discussions behind closed doors by sending a confidentiality agreement to the county and the other seven municipalities in Horry County. The city is trying to couch any discussions on hospitality fees as a resolution conference with regard to the lawsuit it recently filed against Horry County over the subject. The city said S.C. Rules of Procedure Section 408 applies to the discussions.

In the very best interpretation of the city’s position, this is a stretch.

The city filed its lawsuit against the county claiming the county’s continued collection of the 1.5% portion of the hospitality fee beyond January 1, 2017 is illegal. The complaint was structured in a way that a class action lawsuit (municipalities v the county) could be requested.

However, to date no other municipality has joined the lawsuit and no judge has certified a class action.

Therefore, any negotiations that includes representatives from other than Myrtle Beach and Horry County couldn’t truly be considered a dispute resolution conference as it would include third parties not currently included in the lawsuit.

More importantly, any discussions about dividing public tax revenues or spending public tax dollars for public projects by public agencies should be held in the open.

What appears to have happened is Myrtle Beach jumped the gun on the hospitality fee issue. It hurried a city ordinance through two readings in order to capture all hospitality tax, 2% on just prepared food and beverages, allowed under current state law, collected by the city to remain in Myrtle Beach tax coffers.

Myrtle Beach next filed its lawsuit against Horry County claiming the original hospitality tax ordinance passed by Horry County with consent of the cities in late 1996 expired on January 1, 2017. The original ordinance placed a 2.5% tax on all accommodations, prepared food and beverages and tickets sold within the county. Of that, 1.5% collected countywide was specifically designated to pay off the bonds for the Ride I projects.

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Will the Deep Six Continue to Allow the Administrator and Attorney to Embarrass Horry County?

March 25, 2019 4:26 AM
Will the Deep Six Continue to Allow the Administrator and Attorney to Embarrass Horry County?

A specially called meeting of Horry County Council tonight is scheduled to discuss renewing the contract of county administrator Chris Eldridge, which expires April 21, 2019.

What is really to be discussed here is whether council members expect Chairman Johnny Gardner to continue to have attempt to work with Eldridge and county attorney Arrigo Carotti after those two were unsuccessful in an attempt to smear Gardner even before he took office on January 1, 2019.

Six council members, Harold Worley, Dennis DiSabato, Tyler Servant, Cam Crawford, Gary Loftus and Bill Howard, the Deep Six as I call them, voted against firing county administrator Chris Eldridge on March 5th, after the results of a SLED investigation cleared Gardner of allegations of wrongdoing lodged by Eldridge and county attorney Arrigo Carotti.

Three of them, Worley, DiSabato and Loftus, claimed the results of the SLED investigation did not warrant firing Eldridge. The other three, Crawford, Servant and Howard, didn’t even have the courtesy to explain to the collected citizens viewing the proceedings their reasons for voting as they did.

Gardner said he has no confidence in either Carotti or Eldridge.

“People will never understand how difficult it was for me to remain calm and move forward with the business of the county with those allegations against me,” Gardner said. “But, I knew I didn’t do anything wrong and I trusted in the system, a criminal justice system I have been a part of for over 30 years, to conclude the truth. Now, after a SLED investigation exonerated me of any wrongdoing, I find that the administrator and attorney tried to rig the investigation against me.”

Through emails obtained through Freedom of Information Act requests by media, we know as early as December 12, 2018, Carotti and Eldridge in concert with former chairman Mark Lazarus were constructing a version of conversations, none of which any of the three were part of, in order to allege  wrongdoing by Gardner.

Carotti authored a five-page memo based entirely on hearsay. The memo was completed December 19, 2018, and Eldridge forwarded it to SLED December 20, 2018 after the memo was leaked to a Columbia media outlet.

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County Attorney Tried to Directly Influence SLED Investigation

March 23, 2019 11:01 AM
County Attorney Tried to Directly Influence SLED Investigation

New information has surfaced that demonstrates Horry County attorney Arrigo Carotti not only attempted to tell SLED investigators what direction their investigation of Horry County Chairman Johnny Gardner should take but also what conclusions they should and should not draw as a result.

Allegations of extortion against Gardner, began with a five-page memo written by Carotti, from December 14–19, 2018, in concert with input from county administrator Chris Eldridge. The memo also attempted to implicate Luke Barefoot, Donald Smith and myself in this fictitious plot.

Eldridge sent the Carotti memo to SLED December 20, 2018 requesting the agency investigate the allegations, but only after the memo was leaked to and published by a Columbia internet media outlet early in the morning of December 20th.

Eldridge told county council members, during a March 5, 2019 special meeting of council, he sent the memo to SLED only after it was leaked in the media because “he didn’t want to be accused of a cover up.”

Before the results of the SLED investigation were made public, an attorney friend of mine told me his theory on the entire affair was that a civil conspiracy plot had taken place among players who were willing to go to any length to keep Gardner from taking office on January 1, 2019. Are we talking “Deep County” here?

With more and more journalists seeking additional information about the allegations against Gardner through Freedom of Information Act requests and questions of the various people included in this saga, new revelations have come to light in recent days that add significant credence to this theory.

Carotti’s original five-page memo is based completely on hearsay about supposed conversations, none of which Carotti nor Eldridge were party to. In his memo, Carotti states he began writing it on December 14th “as a result of events that have taken place since December 5 as memory fades over time and this debacle is broadening.”

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SC Supreme Court Overturns SkyDive MB Dismissal

March 17, 2019 3:47 AM
SC Supreme Court Overturns SkyDive MB Dismissal

By a 4-1 decision, the S. C. Supreme Court overturned decisions at the District Court and Appeals Court levels giving SkyDive Myrtle Beach the opportunity to prove its case in court.

The details of the case have never been heard as Horry County was successful at using some legal hocus pocus at the lower court levels to keep from allowing the case to go forward.

That is not the result now as the case, SkyDive Myrtle Beach v. Horry County et al, has now been remanded back to the District Court and will go on the trial roster with discovery pending immediately.

This means the case, once described by Horry County Attorney Arrigo Carotti as “rightfully dismissed by all who have discerned the true set of affairs,” was not treated in that fashion by the Supreme Court.

Referring to SkyDive Myrtle Beach owner Aaron Holly, myself and others, Carotti wrote the following to a council member inquiring about the case:

“On Aug 15, 2017, at 11:24 AM, Carotti, Arrigo wrote:

The misrepresentation of facts and the law has been ongoing on the part of Mr. Holly, misguided bloggers, and Holly surrogates for several years now, involving universally unsuccessful litigation by Holly, and pending litigation against the FAA, the State of South Carolina, Horry County, officials and employees. There have been no new admissions, the FAA’s and County’s sound positions in the matter remaining the same.  Defamatory commentary on the part of Holly and his surrogates also has been ongoing and is expected to continue, but has been rightfully dismissed by all who have discerned the true set of affairs, borne out in voluminous court documents and public records.

Arrigo P. Carotti / County Attorney”

The original case was filed on February 28, 2014 against Horry County under the general court classification “Unfair Trade Practices.” It alleged a pattern of harassment by the County and its Department of Airports (HCDA) with the ultimate goal of removing SDMB from Grand Strand Airport (GSA) as the original complaint states:

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