1996 Permanent Senate Journal Printed Pages 1380-1389 - South Carolina Legislature Online

Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 1370, Mar. 29 | Printed Page 1390, Mar. 29

Printed Page 1380 . . . . . Friday, March 29, 1996

Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, I would.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: I do not.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No.
Q: Any questions of the lady? Thank you, ma'am. We now have Senator Giese with us. Our next candidate will be Mr. Smith.
WILLIAM C. SMITH, JR. - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please, Mr. Smith. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: Yes, sir, Mr. Chairman.
Q: Mr. Smith, do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of Mr. Smith? Thank you, sir.
A: Thank you, Mr. Chairman.
MR. CHAIRMAN: Next we have Mr. Wood.
ALLEN P. WOOD - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please, Mr. Wood. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: I do, Mr. Chairman.

Printed Page 1381 . . . . . Friday, March 29, 1996

Q: Do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, Mr. Chairman.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I would, Mr. Chairman.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: I do not, Mr. Chairman.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: I do not, Mr. Chairman.
Q: Any questions of the gentleman? Senator Giese.
EXAMINATION BY SENATOR GIESE:
Q: Mr. Wood, how long have you served on the Board?
A: Eight years, Senator.
Q: Could you tell me what you feel the largest accomplishments are that have been made since your service on the Board?
A: I think the number one accomplishment during my service on the Board has been the major restructuring of Clemson University. It was restructured from nine colleges to five. And in that, we were able to turn or send to the academic side of the university, the teaching side, about $2.4 million. Clemson University, to my knowledge, is the only University in the United States that has been able to restructure their university or their college in that dramatic a fashion. I think that's the major accomplishment. The second one is that Clemson University had never made, or never had a capital campaign in the history of the university. We had one, the goal was some $70 million. The university, through its alumni and its constituent groups, raised $102 million in a capital campaign. That really gave the university and its family a lot of confidence in its ability to help itself. I think those are the two major accomplishments during my service of eight years.
Q: And how is the Board structured, is that committees dealing with different aspects of the university or does it just serve as one large committee?
A: No, sir. Clemson University, for many, many years, has been a little unique in its committee structure in that we've had an audit committee of the board for some six or seven years that is a little unique, is a trend that is occurring in other universities now. We have five standing committees;

Printed Page 1382 . . . . . Friday, March 29, 1996

student affairs, business and finance, academic affairs, institutional advancement, and agricultural and natural resources. I am currently serving as chairman of agricultural and natural resources. I also serve as vice chair of the audit committee, and vice chairman of the board.
Q: Vice chairman of the board?
A: Yes, sir.
Q: When were you elected to that?
A: I think it was in January ... it was in January of this year. It's a two year term.
Q: And what are your special duties as vice chair? I know you serve when the chair isn't there, but is there anything special that you do?
A: In actuality, no, sir. It's in case the chairman cannot be in attendance, and I'm called upon on occasion to attend functions when the chairman cannot be there, and I'm encouraged, in addition to the regular committee meetings and the regular board meetings, to attend as many Clemson functions as possible, statewide, to show the support of the board for the ongoing activities of the university.
Q: Let me congratulate you for being elected vice chairman. It must have been a productive eight years. Thank you.
A: Thank you.
THE CHAIRMAN: Any other questions, gentlemen? Thank you, Mr. Wood.
A: Thank you.
THE CHAIRMAN: That completes the Clemson candidates. As with the Citadel candidates, you may leave or you may honor us with your continued presence. Next, we have the College of Charleston, the 1st District, Seat 2. First we have Dr. Daniel.
CHERRY DANIEL - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: I do.
Q: Dr. Daniel, do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir, I do not.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: No, sir.

Printed Page 1383 . . . . . Friday, March 29, 1996

Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of the Doctor? Thank you, ma'am.
A: Thank you.
THE CHAIRMAN: Our next candidate is Mr. Williams.
JOHN B. WILLIAMS - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: I do.
Q: Mr. Williams, do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of the our former colleague?
REPRESENTATIVE LITTLEJOHN: I'd just like to say that we appreciate Jack coming back and running for this.
A: Thank you, Mr. Littlejohn. It's always a pleasure to see old friends again. Thank you, sir.
THE CHAIRMAN: Thank you so much.
A: Thank you.
THE CHAIRMAN: Our next candidate is South Carolina State University, at-large, seat 12, Mr. Salters.
WALTER L. SALTERS - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please, sir. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: I do, sir.
Q: Mr. Salters, do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?

Printed Page 1384 . . . . . Friday, March 29, 1996

A: None to my knowledge, sir.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: I would, sir.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: No, sir.
Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of the gentleman?
SENATOR GIESE: Mr. Chairman.
THE CHAIRMAN: Yes, sir, Senator Giese.
EXAMINATION BY SENATOR GIESE:
Q: Just a very quick look. Could you tell us what you've done in the last ten years of your life?
A: Served for twenty-six years, up until May of 1994, I served on the faculty of South Carolina State University in the capacity of professor of biology.
Q: And you're retired and enjoying it?
A: Well, it's one of the best jobs I've ever had.
Q: Very good.
THE CHAIRMAN: Any other questions, gentlemen? Thank you, sir. Our next candidate is Johnnie M. Smith.
JOHNNIE M. SMITH - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please, Mr. Smith. Do you swear that the following testimony is the truth and nothing but the truth, so help you God?
A: Yes, sir.
Q: Mr. Smith, do you have any health related problems that the Screening Committee should be made aware of that would prevent you from serving on the Board in a full capacity?
A: No, sir.
Q: Considering your present occupation and other activities, would you be able to attend Board meetings on a regular basis?
A: Yes, sir.
Q: Do you have any interests professionally or personally that would present a conflict of interest because of your service on the Board?
A: No, sir.

Printed Page 1385 . . . . . Friday, March 29, 1996

Q: Do you now hold any public position of honor or trust that if elected to the Board would cause you to violate the dual office holding clause of the Constitution?
A: No, sir.
Q: Any questions of Mr. Smith?
SENATOR GIESE: Mr. Chairman.
THE CHAIRMAN: Senator Giese.
EXAMINATION BY SENATOR GIESE:
Q: Mr. Smith, that's a very impressive list of things you do on the side. What is your full time job?
A: The ministry. I'm a pastor. And my church feels that we should get out in the community. And we serve by serving. But I am a pastor.
Q: You certainly have served. Thank you.
A: Thank you.
THE CHAIRMAN: Any other questions, gentlemen? Thank you, sir.
SENATOR WILSON: Mr. Chairman.
THE CHAIRMAN: Yes, sir, Senator Wilson.
SENATOR WILSON: I am familiar with Mr. Smith, and we're delighted to have you offer your candidacy in this particular position. We are fortunate to have good people to offer for this Board.
A: Thank you, sir.
SENATOR WILSON: Very fine institution.
THE CHAIRMAN: Any other questions? Thank you, Mr. Smith. That completes ...
SENATOR WILSON: Mr. Chairman?
THE CHAIRMAN: Yes, sir.
SENATOR WILSON: Inquiry as to persons ... it has come to my attention that some persons sent a letter of intent and that it was received or whatever after the filing period. How many persons were involved in that? What's the status?
THE CHAIRMAN: Well, if they came after the cutoff time, which was noon, I believe, on Thursday, it would be, of course, too late. We had one who was just a little over twenty-four hours. We had others which were a little bit later than that, not to any great degree. There is no ... if they're late, they're late. It's just like filing, I guess, for a seat in public office.
SENATOR WILSON: Do we have ... from my experience of many years on this ...
THE CHAIRMAN: If we had no candidate, of course we'd have had to have kept it open. But since there was a candidate for that position, there's nothing we can do but end it.

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SENATOR WILSON: Is there any procedure that it could be waived for good cause? And again, I know you've made every effort, and I appreciate all that you've done to notify people. But if there's good cause, as we've seen today, we've gotten so many qualified people to file, because it's just pure dedication that anybody would want to serve on such a board with the time that's required. But if there's a good cause, is there some way that we could waive the filing deadline for those who have sent ... and possibly invite the persons who have sent letters and asked ... and review at our next meeting what the circumstances were. And of course, to give notice to any of their prospective opponents, too. And when I say opponents, competition. So that everybody has notice of what's going on.
THE CHAIRMAN: Senator, it's really gratifying to see so many qualified people offer, but, sir, it is indeed sad that those did not get the message for some reason and did not file timely. Under the law, I see no way of entertaining them at this time. It is closed ...
SENATOR WILSON: Would it be in order for me to move that we invite the persons who sent letters of intent to hear as to why, if they have good cause, as to why they were unable to file timely for the purpose of considering a waiver of that filing period? I'd like to so move ...
REPRESENTATIVE INABINETT: I second it.
SENATOR BRYAN: Mr. Chairman.
THE CHAIRMAN: Yes, Senator.
SENATOR BRYAN: Before I make a comment, could I ask a question?
THE CHAIRMAN: Yes, sir.
SENATOR BRYAN: This is the first time I've done this. Do we not have the ones who don't have competition, they don't come before the Committee?
THE CHAIRMAN: They've already come ...
SENATOR WILSON: They were excused.
THE CHAIRMAN: We always excuse those who have no opposition, if their SLED report is good.
SENATOR BRYAN: So the same questions you asked, weren't asked of them, that you asked the others?
THE CHAIRMAN: No questions are asked of those. The law allows us to exempt screening for those who have no opposition.
SENATOR BRYAN: But we have their SLED reports that we can review?
THE CHAIRMAN: Correct.
SENATOR BRYAN: Going back to the other subject. As a forgetful, neglectful person, as I am, I have complete sympathy for a person who files late and forgets to do something on time. The only problem I have

Printed Page 1387 . . . . . Friday, March 29, 1996

with that is, someone has filed for that seat, it's my understanding. And if someone has filed for the seat, I think there's an element of fairness to that person, if someone filed after the deadline, opening it up and letting someone run against someone who did take the time to file. Then you've got another issue, too. If you open that one up for someone who wants to file, what is your deadline, is it twenty-four hours, is it forty-eight hours, is it six days, seven day, ten days; what is your standard if you open it up? Then are you not obligated to open all the rest of them up? And like I said, that sounds like something that I would do, that's why I'm sympathetic to a degree. But I worry about what will happen if we open it up in some form or fashion, what is the precedent going to be there, when is the deadline going to be, and how does it affect the rest of these races. Someone told me that the person who signed up only signed up because the other person had not filed. Well, if that was the person's feelings, then possibly they would withdraw. If they withdrew, it would be vacant and then we could open it up without setting a precedent.
SENATOR WILSON: Mr. Chairman, that's what I'm proposing, just the letters of intent you received, not wide open. Because there does have to be a deadline. But people in good faith can not receive notice or know the final deadline.
SENATOR BRYAN: But, Mr. Chairman, what about those that may be out there that did not send it in because they realized, quote, yesterday was the last day or today's the last day, I can't get it in? And I think what you do is create a gray area there that is going to come back to haunt us and create problems in the future in the system. And that's what concerns me. I don't know, is the ...
THE CHAIRMAN: We have turned down so many who called too late. Like I say, this has caused me more concern than anything that's happened to me since I've been chairman of this committee; and it's sad, especially with the individual you're speaking of being so qualified and meaning so much to the institution. But, you know, if we're not going to go by the law, the cutoff date, what are we going to go by?
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, what is the law? Is there any statute?
THE CHAIRMAN: The statute says that we shall set a period for filing. And of course when that ends, why we quit receiving the applications. And this particular one came in a little over twenty-four hours after it ended.
SENATOR BRYAN: Was it mailed?
THE CHAIRMAN: No, it was delivered in person, by someone else.

Printed Page 1388 . . . . . Friday, March 29, 1996

SENATOR WILSON: But I believe we could waive for cause. That's my position. In a very positive way, and not to open it up to everything, but to those who filed a letter of intent. And I don't know how many those are, is it three?
SENATOR BRYAN: Is this Seat 11 that we're talking about, John Williams, Jr.? Is he here?
THE CHAIRMAN: Is Mr. Williams here?
MR. WILLIAMS: Yes, I am.
THE CHAIRMAN: The only avenue I see we have is if the candidate who fills the slot now ...
SENATOR BRYAN: If he wanted to withdraw, it's open. We can open it up.
THE CHAIRMAN: If he withdrew, is the only way that I see that we could open it back up.
SENATOR GIESE: Mr. Chairman, I'm not familiar with the ... do people fax these things in to you?
THE CHAIRMAN: We have had faxes, yes, but they've followed up in letters, you know.
SENATOR GIESE: And typically it comes by letter?
THE CHAIRMAN: Typically through the mail.
SENATOR GIESE: What was the date that ... was it a Monday that they were due, or was it a Friday that they were due?
THE CHAIRMAN: Thursday at noon.
SENATOR GIESE: Thursday at noon. So, there wasn't any possibility of something over the weekend that ...
THE CHAIRMAN: It was hand delivered, not by post. It was hand delivered shortly after noon on Friday.
SENATOR GIESE: Was there any conversation with somebody about why it was late? I know I've been overseas sometimes and get back two weeks. Things have accumulated and you end up being late on some. Were any details given?
THE CHAIRMAN: I believe they said they were out of town.
REPRESENTATIVE LITTLEJOHN: Mr. Chairman, this fellow that ran late with his application, why did he bring it personally instead of ...
THE CHAIRMAN: I'll tell you exactly what happened. We never contact candidates because that would be unfair. I mean, it's not our jobs, you know, to get out there and contact incumbents or candidates. But now, a fax was sent to their legislative liaison at State University on the day that filing commenced. Is that correct?
MS. GEIGER: February 2nd.

Printed Page 1389 . . . . . Friday, March 29, 1996

THE CHAIRMAN: Two days later, I believe, a letter was written containing the same information to the president of the institution. So, I felt like we had made ... plus the advertisement in the paper. Certainly we had done everything that we could humanly do, other than call all the incumbents and say, "Now, it's time for you to file and run," which I don't think is our job. Senator Bryan.
SENATOR BRYAN: Mr. Chairman, I don't know if this is accurate, but someone had told me that Mr. Williams, I assume, had filed only because he thought the other person was not going to, only after he heard the other person was not going to run. And if he has no objection to answering the question, I'd just like to ask him that; is that his position? If he wants to withdraw, that would settle this problem.
THE CHAIRMAN: Mr. Williams, would you mind taking the stand for a minute, please, sir?
MR. WILLIAMS: Not at all.
THE CHAIRMAN: Mr. Williams, I believe you called the office two or three minutes before the deadline and asked if this gentleman had filed, didn't you?
MR. WILLIAMS: Yes, sir.
THE CHAIRMAN: You talked with Ms. Paulette Geiger.
MR. WILLIAMS: Yes, sir.
THE CHAIRMAN: It was your intention of not filing against the gentleman, is that correct?
MR. WILLIAMS: That is right.
THE CHAIRMAN: And since he did not file, you went ahead and told her what seat you wanted ...
MR. WILLIAMS: That's exactly right. I hand carried my information to the office. And of course we're talking about Freedom of Information data. I looked on the screen and I saw that there was no opposition in that particular seat. And certainly I have met with Mr. Darby in the past and I was just concerned that he had not filed. But since he did not, there was no need for me to get in a long, protracted opposition with the other seat, because I had intended to file for one of those seats. So, I did what I thought was right and what I was supposed to do. I took the time to keep up with when the elections were going to be held. I have a legislative manual, and I know that there are going to be four seats open next year, and right on down the line. I have the time. I'm a retired faculty member from South Carolina State. And if I take the time to research and do this type of work, then I think it's only fair that I have an opportunity to serve. I regret the circumstances that were created by this, but I did not create the situation. I followed the rules and I've done what I was

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