EXECUTIVE ORDER NO. 2009-14
WHEREAS, the U.S. Attorney unsealed a forty count indictment against Donald R. Betenbaugh on October 6, 2009, in the United States District Court for the District of South Carolina, Spartanburg Division, and among the stated charges are charges of extortion, in violation of Title 18 U.S.C. § 1951; theft from an organization receiving federal funds in violation of Title 18 U.S.C. § 666(a)(1)(B); unlawfully storing, distributing, and using controlled substances in violation of Title 21, U.S.C. § 856(a)(2); obstruction of justice and witness tampering, in violation of Title 18, U.S.C. §§ 1503 and 1512; and money laundering in violation of Title 18, U.S.C. §§ 1956 and 1957; and
WHEREAS, South Carolina law recognizes that “an act in which fraud is an ingredient involves moral turpitude…,” see State v. Horton, 248 S.E.2d 263 (1978), In re Sipes, 377 S.E.2d 574 (1989), and the above-referenced indictment includes elements of fraud and, accordingly, crimes that involve moral turpitude; and
WHEREAS, Donald R. Betenbaugh is an officer of a political subdivision of the State and Article VI, Section 8, of the South Carolina Constitution provides that "[a]ny officer of the State or its political subdivisions…who has been indicted by a grand jury for a crime involving moral turpitude…may be suspended by the Governor until he shall have been acquitted;" and
WHEREAS, a certified true copy of the indictment against Donald R. Betenbaugh has been provided to me.
NOW, THEREFORE, pursuant to the authority vested in me by the Constitution and Statutes of the State of South Carolina, I hereby suspend Donald R. Betenbaugh from the office of Supervisor of Union County until such time as he shall be formally acquitted or convicted.
This action in no manner addresses the question of the guilt or innocence of Donald R. Betenbaugh and should not be construed as an expression of any opinion one way or another on such question.
This Order shall take effect immediately.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 7th DAY OF OCTOBER, 2009.
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Friday, October 23, 2009 at 9:47 A.M.