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Council Votes to Pay Magistrates Retroactive Raise

Horry County Council voted to pay the county magistrates retroactive to FY 2017 for a pay raise that was voted by council but never instituted.

Council voted a three percent pay raise for all county employees beginning FY 2017. The magistrates also received a 3.5% pay raise from the state budget beginning that year.

Despite being included in the county budget to exclude the county three percent raise for the magistrates.

Council member Al Allen questioned how the county got to the point where the magistrates had to threaten to sue the county in order to receive a pay raise approved by county council.

“The public needs to understand how we got here,” Allen said. “Who made that choice?”

Despite the presence of all senior staff at the meeting, not one had the integrity to step up and say they made the decision.

According to several sources inside county government, administrator Chris Eldridge made the decision to exclude the magistrates from the council approved budget pay raise.

Allen made the point that eliminating the magistrates from the pay raise amounted to an amendment to the county budget not approved by council. It takes a three reading budget amendment ordinance passed by an absolute super majority of council (9 yes votes) to amend the budget once it is approved.

Apparently Eldridge believes he can do it by executive fiat.

The magistrates item was not the only pay issue discussed by council.

At the regular meeting two weeks ago, council members Dennis DiSabato and Cam Crawford requested staff to prepare a study to compare the cost of the current merit raise pay policy of the county to a more standard pay scale for public safety employees, such as the one used in other counties throughout the state and in the military.

Instead, assistant administrator Justin Powell and Eldridge briefed council on a study commissioned to compare Horry County employee compensation with 15 similar counties in the region.

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County Council to Address Magistrates Pay Dispute

Horry County Council will decide tomorrow night whether to resolve a pay dispute between the county magistrates and the county government.

The dispute dates back to the Fiscal Year 2017 budget which began on July 1, 2016. During budget deliberations nearly three years ago, Horry County Council decided to approve a pay raise of 3% for all county employees.

Magistrates are state constitutionally mandated positions appointed by the governor upon the recommendation of the local legislative delegation. However, they are county employees paid for from the county general fund.

The county receives a portion of magistrate pay each year from the local government fund in the state budget. The local government fund is designed to help counties fund state mandated positions.

Historically, the S. C. General Assembly underfunds the local government fund, which is supposed to be funded according to a specific formula.

According to information received by Grand Strand Daily, the General Assembly mandated an approximately three percent pay raise for county magistrates in its FY 2017 budget and raised appropriations in the local government fund to pay for that raise.  

According to state law, counties cannot reduce the amount they pay employees in state mandated positions when the state gives those employees a raise. By not specifically excluding the magistrates from the county raise of three percent for “all county employees,” the magistrates claim they were entitled to both the county and state raises.

However, the magistrates received only the raise mandated by the state. Despite county council budget discussions and votes, the magistrates were excluded from the county pay raise. According to several sources in county government, administrator Chris Eldridge made the final decision to exclude the magistrates from the county pay raise.

The magistrates are asking the county for a retroactive three percent raise and a lump sum check for nearly three years of missed wages.

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Myrtle Beach’s Unequal Application of Law

One thing that has become consistent in the City of Myrtle Beach over recent years is the law will be applied inconsistently. It’s not what you do, it’s who you are that matters.

The Fifth and Fourteenth Amendments to the Constitution guarantee due process and equal application of the law to both federal and state jurisdictions.

But not in Myrtle Beach!

The city is currently being sued by business owners in the city for violating the owners’ rights guaranteed by the Constitution and those amendments with what the city calls its Entertainment Overlay District.

Inside that district, businesses are prohibited from selling legal products such as CBD oils and Vape accessories with the threat of having their business licenses revoked and the business being closed down.

Those same products are sold in other areas of the city without any restriction or harassment by city officials.

Most, if not all, of these businesses are beachwear stores owned by Jewish businessmen, which brings in other issues to the lawsuit in the form of violations of the Civil Rights Act and discrimination.

City officials have said these restrictions were put in place by city ordinance in an effort to make the district “family friendly” – the city’s favorite buzzword.

However, there have recently been three raids on two hotels within the same district for the sale of illegal drugs on the properties, you know heroin, cocaine and those types of drugs, with no threat to business licenses.

There is no indication that the owners or operators of those hotels were involved in the illegal activity, but that hasn’t stopped the city from closing down businesses as “nuisances” for similar activity in the past – Natalia’s Bar and Grill in the Superblock area comes quickly to mind.

Natalia’s was closed down by the city in December 2016 as a nuisance for activities such as drug sales that occurred outside the building but in the near vicinity. One month later, the city owned the property.

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I-73 Votes Ignore Immediate Local Needs

The I-73 participation agreement Horry County signed with SCDOT in December, at the urging of administrator Chris Eldridge and former council chairman Mark Lazarus, ignores local road needs, highlighted by recent flooding issues, for a new road that is years and over one billion unidentified and uncommitted dollars from completion.

When county council adopted Resolution 82-18 in July 2018, it specifically dedicated up to $25 million toward the I-73 project only. With this resolution in place, the county may not use any of this money toward repair or improvements to U.S. 501, S.C 9 or other roads in the county as flooding events since Hurricane Floyd in 1999 have shown to be needed. These funds can be used to improve S.C. 22 as that is part of the I-73 project.

There has been a general rush to dedicate funds for I-73 since right after the June 2018 primaries. Council held a special meeting on July 24, 2018 where Resolution 82-18 was passed which dedicated up to $25 million per year of 1.5% Hospitality Fee revenue to the I-73 project.

Staff immediately began conversations with SCDOT to develop and present the I-73 participation agreement. During the November 28, 2018 fall budget workshop, council approved allowing the administrator to execute the participation agreement with SCDOT. The agreement was executed by administrator Eldridge for the county and Christy Hall, the state Transportation Secretary on December 13, 2018.

At the July 2018 special meeting council also passed Resolution 84-18 directing staff to develop a plan to use $18 million of the 1.5% Hospitality Fee revenue on public safety and other roads. In addition, the resolution directed staff to draft an amendment to Section 19-6(h) of the Horry County Code of Ordinances, which currently requires all of the 1.5% revenue to be deposited in a Special Road Fund. The amendment would allow the $18 million to be used on other state approved tourism related expenses such as public safety, recreation, storm water and other infrastructure improvements.

To date no amendment has been presented to council. The amendment would require a three reading ordinance to become law. In addition, no plan for use of the $18 million has been presented.

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A New Emphasis on Public Safety in Horry County?

Throughout his campaign for election last year, Horry County Council Chairman Johnny Gardner pledged “Public Safety Priority One, Day One.”

By the time Gardner decided to run for chairman last March, county employees in general and public safety personnel in particular were suffering under low pay and demanding working conditions due to understaffing.

These conditions had been allowed to go on under the administration of former chairman Mark Lazarus and county administrator Chris Eldridge. The cry was always that there wasn’t enough money to hire more people or give current employees much in the way of raises.

Recognizing the particular frustrations of public safety employees, the first responders that are most needed when problems arise, Gardner coined his campaign phrase, not as something to say to get elected, but rather as something to do after he was elected.

Now, less than two months into his term of office, it appears that a majority of council members have bought into that philosophy.

Council members Harold Worley and Al Allen,  two of the more senior members of council, have long advocated for better pay and increased staffing for public safety, but they operated as voices in the wilderness as Lazarus, Eldridge and other senior county staff consistently cried ‘no money, no money.’

Current Public Safety Committee Chairman Danny Hardee joined the ‘wilderness chorus’ when he was elected to council two years ago, but it was still only three council members with the remaining nine basically buying into staff propaganda.

However, the situation appeared to change at the regular meeting of council earlier this week when council members Cam Crawford, Dennis DiSabato, Tyler Servant and newly elected Orton Bellamy voiced support for a new study on pay and staffing for public safety personnel.

These are heartening additions as there now is a possibility of at least eight votes supporting proper pay and staffing for public safety.

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The Dirty Tricks Campaign Against Johnny Gardner

We live in a political climate where dirty tricks are used to create rumors to smear those seen as enemies by the rumormongers.

These rumors, lies are what they really are, come in all shapes and sizes, but they have the same thing in common – to discredit the person they are aimed against.

How well they work depends on the gullibility of the audience they are targeted to influence.

Some of the more ridiculous rumors about public figures we have heard include:

Justice Brett Kavanaugh as a young man attended parties where women were routinely gang raped. That one pushed the envelope too far to be believed.

In late 2015 when Donald Trump had established himself as a serious contender for the Republican nomination, a fake story said he told a magazine in 1998 if he ever ran for president it would be as a Republican because “they’re the dumbest group of voters in the country” and that “he could lie and they’d still eat it up.” Rather than hurt him with Republican voters, Trump went on to win the nomination and election.

In the 2000 primary season, John McCain was accused of fathering an illegitimate black child, which was actually a child from Bangladesh that McCain and his wife adopted. This one stuck a bit with South Carolina voters as George Bush came from behind to win the South Carolina primary and go on to be elected president.

Rumors were circulated about Nikki Haley having multiple affairs during the 2010 primary season, which the voters disregarded. In fact, the rumors were so poorly presented that Haley vaulted from fourth place to win the Republican nomination and go on to twice being elected South Carolina Governor.

More recently, Horry County citizens have been presented with a rumor about county council chairman Johnny Gardner. Interestingly, the Columbia website that played a prominent part in publishing a leaked memo about the fictitious plot from county attorney Arrigo Carotti, written in conjunction with administrator Chris Eldridge, was the same website that played a prominent part in the Haley rumors.

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Eldridge Fiddles While County Administration Fails

It seems that Horry County Administrator Chris Eldridge is taking a page out of the “Nero” playbook as he ignores oversight of county government while being involved in a plot to smear county council chairman Johnny Gardner.

Eldridge was involved in creating a fictitious story about the new chairman and reporting that fiction to SLED while serious issues involving loss of equipment and shorting employee pay were going virtually ignored.

The administrator is charged with carrying out policies approved by county council and creating a smooth running county government organization with good morale.

Several sources within county government say the IT, Procurement and Human Resources departments have been allowed by Eldridge to create virtual fiefdoms outside of the normal organizational chart with little to no oversight.

These same fiefdoms would appear to be at the center of the recent problems.

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Horry County’s Flawed I-73 Agreement

The Financial Participation Agreement between Horry County and the South Carolina Department of Transportation, approved by Horry County Council November 28, 2018, appears to have many flaws not discussed before a resolution was passed allowing Horry County Administrator Chris Eldridge to sign the agreement.

Generally the agreement provides that Horry County will provide up to $25 million per year from Hospitality Fee revenues to fund the construction of I-73 within Horry County (the Project) and SCDOT will oversee the project from design through construction.

The written agreement states, “SCDOT shall provide an Annual Work Plan to the county on the activities proposed by March 31 that the county shall approve prior to June 30 before commencing work in the succeeding fiscal year.”

I find the use of the word “shall” interesting here in that it means a strong assertion or intention of something happening. Are we to take it to mean the county intends to approve the work plan prior to each June 30th? Does this mean county council really has much of a choice in the decision?

At least a half dozen times during the over one hour discussion about the project and the agreement county council members were told by then council chairman Mark Lazarus and/or county staff members, predominantly administrator Chris Eldridge and attorney Arrigo Carotti, that no money could be spent on the project without prior approval from county council.

To support those statements, Carotti quoted to council the first sentence of Section III (D) of the agreement which reads, “SCDOT shall not enter into a construction contract without the County’s prior approval based on considerations that the contract provide a meaningful connection to the proposed I-73 corridor in part or in its entirety.”

What Carotti did not quote were the next two sentences of Section III (D) which read, “The County’s prior approval shall not be required to enter into contract agreements for improvements to SC-22, provided the cost thereof does not exceed the estimates provided in the Annual Work Plan. Nor shall the County’s prior approval be required for any right-of-way acquisition agreement or consultant agreement for work of the Project provided the cost thereof does not exceed the estimates provided in the Annual Work Plan.”

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Was There Malfeasance in Sending the Carotti Memo to SLED?

Much of the county, especially the citizens who voted for Johnny Gardner, are eagerly awaiting a report from SLED exonerating Gardner from the allegations made against him by Horry County Administrator Chris Eldridge and Horry County Attorney Arrigo Carotti.

The SLED investigation into the allegations was called for by Eldridge after Carotti authored a five-page email memo outlining these supposed allegations based solely on hearsay and rumor.

If I had written a story about the chairman, the same story related in the Carotti memo, with the same lack of solid documentation and using only the same rumor, hearsay and gossip used in the memo as my sources, I could justifiably be sued for libel, defamation and reckless disregard for the truth.

And with the rapidity that the memo was leaked and appeared in print, I’m not sure that is not exactly what was done with the reporting to SLED as cover to try and build a whistleblower defense.

But allegations based on rumor and hearsay are specifically excluded from the whistleblower defense. Therefore, it looks like Carotti and Eldridge are far out on a limb while sawing it off behind them.

One definition of malfeasance is the performance by a public official of an act that is legally unjustified. I submit making allegations of wrongdoing with nothing more than rumor, hearsay and gossip to back them up, reporting those allegations to SLED and having them leaked to the media are legally unjustified acts. Therefore, it is not a stretch to say that both Eldridge and Carotti may have committed malfeasance by acts so irresponsible they should be fired.

It is a felony in South Carolina to make a false report to law enforcement officials.

I would further submit that any council member who told Eldridge to send the matter to SLED, as Eldridge claimed in a letter to council, and any council member who tries to shield Eldridge and Carotti from discipline by attempting to justify their acts may also be committing malfeasance because there is nothing legally justified about sending a memo to SLED based entirely on rumor, hearsay and gossip.

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Our Council Members as Sheep

Year in and year out voters go to the polling booths in June for primary elections and November for general elections to vote for the candidates they want to lead their respective governments.

Unfortunately, local voters, especially those voting in Myrtle Beach City Council and Horry County Council elections, appear to be getting short changed in the leadership department because far too many of these elected officials defer to staff to determine policy.

And these policies leave a lot to be desired as council members act like sheep being led by senior staff members.

In Myrtle Beach, the city has decided to wage war on certain Ocean Boulevard business owners with a zoning overlay district that makes selling items such as CBD oil illegal in the district while allowing it to be sold everywhere else in the city.

It was announced recently that CBD coffee ads will air during the upcoming Super Bowl. CBD products are good enough to be advertised during the number one television event of the year, but can’t be sold in a certain area of Ocean Boulevard because the city doesn’t want the store owners to get business.

There is something very wrong with that calculus but city council doesn’t question what.

The targeted Ocean Boulevard stretch appears to be coveted because of its location and proximity to other city owned properties in and around the super block, a nice area that could be resold to a developer looking to locate, say, a casino complex.

But first the businesses in that location must be driven out and the buildings become available at the right price.

With three new members of city council and a completely redrafted ordinance presented for second reading last summer, this can’t be a council driven decision for members looking to get reelected. The only logical conclusion is that council members went along like sheep following the lead of the city administrator and his staff in passing this ordinance.

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