1996 Permanent Senate Journal Printed Pages 1390-1399 - 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 1380, Mar. 29 | Printed Page 1400, Mar. 29

Printed Page 1390 . . . . . Friday, March 29, 1996

supposed to do. I don't have a major corporation behind me. I'm just a citizen, an alumnus of the institution. I have the institution at heart. I want to do what's good for the citizens of this state and for the students that we serve. And that is my only desire. And I have a strong determination to serve, and I think there are a number of things that I can do and I can offer our university.
THE CHAIRMAN: Thank you, sir.
SENATOR BRYAN: Mr. Chairman.
THE CHAIRMAN: Senator Bryan.
SENATOR BRYAN: The gentleman in question was an incumbent?
THE CHAIRMAN: Correct.
SENATOR BRYAN: You know, he knew his term was up. He knew he had to run again. Once again, it sounds like something that I would personally do myself. I just think if we open this thing back up, we are opening a can of worms that we would not be able to close. And in all due respect to that gentleman, I understand he is top-notch, a great trustee and all of that; but I just think it's something unfortunate that's happened and there are four seats that are open in two years. He can run in two years. And I'm sure he can muster the support he needs to get elected then. But I really feel like that this would be a real bad mistake on our part.
THE CHAIRMAN: Is that a motion, sir?
SENATOR WILSON: Mr. Chairman.
THE CHAIRMAN: Yes.
SENATOR WILSON: I think I've got a motion on the floor. But I respectfully disagree. I think that good people, as we've seen everybody today, including Mr. Williams who just made an eloquent statement, that there may be a good faith cause as to why somebody doesn't know what the filing is. And I think that's the motion that I made, it related to the ability of somebody to come and made a presentation for then the committee to determine, but it's not wide open. There has to be some showing as to a good faith misunderstanding.
SENATOR GIESE: Mr. Chairman, is there some deadline that we have to complete these screenings? I'm thinking in terms of do we meet again?
THE CHAIRMAN: We meet again to take up the other group, yes, sir.
SENATOR GIESE: So, there would be an opportunity to get that information? I'm just saying unless there's some real significant reason, I would agree that the gentleman that has filed, certainly followed due process and stayed on top of the thing, but I don't know what the other side of the picture is, the gentleman that ...
SENATOR WILSON: And that's what I'm asking ... Mr. Chairman ...

Printed Page 1391 . . . . . Friday, March 29, 1996

THE CHAIRMAN: But he wasn't in the hospital, he wasn't sick. I don't ... yes, Mr. Inabinett.
REPRESENTATIVE INABINETT: I have a letter that was addressed to the Committee to Screen Candidates, evidently all of you did not receive a copy of it.
THE CHAIRMAN: I have one, too. It's from some law firm.
REPRESENTATIVE INABINETT: And in it it outlines the reasons that Mr. Darby's letter was not received. It cites some precedents or codes.
SENATOR BRYAN: I've seen that. And I would question the legal ...
THE CHAIRMAN: I see nothing here that ... he's in error in several instances. When he quotes the codes, he doesn't quote them in their entirety.
SENATOR BRYAN: Mr. Chairman, I don't have any problem if we've got to meet next week, if the committee wanted to hear from Mr. Darby. But I just cannot imagine anything Mr. Darby could say that could create a situation where we would do that. I think your legality, your legal problems come if you open it back up. I think you've got a legal problem with this seat. I think you've got a legal problem with every other seat. Because there may be people who want to run for other seats in this, and if they say, "You know, I thought about it at five minutes to twelve, but I didn't have time to get over there and get an application in, get it delivered. And if I had known they were going to take it twenty-four hours later, I would have had mine there fifteen minutes later, twenty minutes later." You've got a thousand different scenarios that can come up this time, and they can come up every time we do this, every year. And that's the problem I have. If the senator from Lexington just wants to give him the chance to speak his peace, I don't have a problem, you know, listening to him, but I just think that there is a can of worms here that if it gets open, it will never be shut.
REPRESENTATIVE INABINETT: I have one other question that was asked of me, can or would a nomination from the floor be in order or allowed. And this is on the day of, I guess, of the actual vote.
SENATOR GIESE: Doesn't he have to go before screening before, isn't that correct?
THE CHAIRMAN: I think the statute says that you have to be screened, correct.
SENATOR BRYAN: He had been screened twice before, I think. Wouldn't that fulfill ...
THE CHAIRMAN: Well, he has been screened before, of course, we don't know how many murders or what he has committed since that.

Printed Page 1392 . . . . . Friday, March 29, 1996

SENATOR WILSON: For the record, I know of none. Mr. Chairman, really, I think that ... and I wasn't even aware of the letter.
THE CHAIRMAN: The letter is from some attorney out there, John Doe.
SENATOR WILSON: A good attorney, I'm sure. I don't even know who that is.
THE CHAIRMAN: No, he's not that good because when he quotes the law, he doesn't quote it in its entirety.
SENATOR WILSON: Well, whatever the case is, I think that there should be, and I'm sure that they want to be able to show in good faith how they acted. I just really believe that we should encourage people to offer for these, not to bar them due to some technicality.
REPRESENTATIVE LITTLEJOHN: Mr. Chairman.
THE CHAIRMAN: Yes, sir.
REPRESENTATIVE LITTLEJOHN: I talked to some people yesterday about there were some other people who wanted to file for other seats, two other seats. Are we talking about one seat?
THE CHAIRMAN: We're talking about opening it up ...
SENATOR WILSON: I'm actually ... I'm actually, what I intended was for any letters of intent that were received.
REPRESENTATIVE LITTLEJOHN: So, we're opening it up to all the other ...
THE CHAIRMAN: Well, a lot of them didn't write letters because they called and the deadline was gone. I mean, they called that day later, they called the next day.
REPRESENTATIVE LITTLEJOHN: So, we're talking about opening the whole thing up, right? Is that the proposal?
SENATOR WILSON: Well, my intent was those that have letters of intent filed. I understood there may be three. That was the number that I heard.
REPRESENTATIVE LITTLEJOHN: Are we going to honor the other three, all three?
SENATOR WILSON: That would be my intent, to invite the three to see if in good faith, as to what reason they had that they were not aware or for whatever reason, they did not file timely.
SENATOR BRYAN: My understanding is that we are not opening it up, just allowing them to come up and give them five minutes to state why they didn't file on time. But once again ...
THE CHAIRMAN: Let's have a motion, if you've got a motion ...
REPRESENTATIVE LITTLEJOHN: At that time, would you be in a position to maybe consider them as candidates?

Printed Page 1393 . . . . . Friday, March 29, 1996

SENATOR BRYAN: That's the problem I have, you're going to be facing them here, and you're going to have that temptation to do it. If you open this back up, you are opening up a legal can of worms.
THE CHAIRMAN: Correct.
SENATOR BRYAN: And every time, not only this time, but every time and for every race, you're opening it up then. I don't know if there is anybody ...
THE CHAIRMAN: I got sued about enough when I was on the University board. I'd prefer not to be sued anymore.
SENATOR BRYAN: I think if you've got a procedure, you've got to follow it. And I don't know whether we have the legal authority to open it up. It would be my ... I believe that if we open it up for this one, we've got to open it up for every one or them.
THE CHAIRMAN: We have two weeks for them to file. We have followed the law. I mean, it's really regrettable, and I hate it.
SENATOR BRYAN: I regret that it's getting on a person basis because we're dealing with this individual, who I understand is a great individual.
THE CHAIRMAN: Yes.
SENATOR WILSON: Mr. Chairman, I don't mean it personal because, in fact, I've been involved in this in a controversy before regarding Wil Lou Gray Opportunity School. And this was several years ago, you may remember. There were people who were not aware of the filing deadlines. And in fact, I supported at that time that they be allowed to file. And I'm not being critical of anybody else. I'm just telling you that I have a generic interest in people filing.
SENATOR BRYAN: In this particular case, though, this gentleman is apparently a well thought of person, a very good trustee. He has some status in the community, a status in the business community. You know, would another person have that support behind him?
SENATOR WILSON: In fact, I did with a lady who had no political ties whatsoever except that she was a person who wanted to serve.
MR. BRYAN: What did you do in that situation?
THE CHAIRMAN: Senator, aren't you an attorney?
SENATOR WILSON: I got ...
THE CHAIRMAN: Excuse me. Aren't you an attorney?
SENATOR WILSON: Yes, sir.
THE CHAIRMAN: You know, I used to be a magistrate. That's a right lowly judge, but you know, I was always told that ignorance of the law was no excuse.
SENATOR WILSON: No, and I'm not saying that.

Printed Page 1394 . . . . . Friday, March 29, 1996

THE CHAIRMAN: Ignorance of the filing, I don't think would be any excuse.
SENATOR WILSON: But I do think you can have a good faith reason. You've identified, Mr. Chairman ...
THE CHAIRMAN: I've got good faith when I get up every morning.
SENATOR WILSON: But you identified one, and I don't think it applies this time, but you very well identified one. And that is that somebody could be in the hospital. And I would really hope that if they were, or as the senator from Richland pointed out, somebody may be out of the country. That could occur. I think there are good faith reasons. And I would hope that we would hear from the persons who have sent letters of intent and then make a determination as to whether to waive the deadline.
SENATOR GIESE: Mr. Chairman, this is the first time I've seen this letter. But it does go along with the point that I made that in his new position, he's required to be out of town for a substantial period of time and returned the day after the filing deadline.
THE CHAIRMAN: When did he leave town, sir?
SENATOR GIESE: I think that's the kind of thing we'd want to know. Was it a week, let's say, or that whole week. It would seem to me that one wouldn't necessarily file the first day or the second day. And he wouldn't know he was going to be out of town. Here, I open my mail Sunday after church, the whole week's mail. I would be five or six days later ... not late, but use that much time before I found out ...
SENATOR BRYAN: Mr. Chairman, I want to reiterate, this is an incumbent. This is not somebody out there who doesn't have any ties and they shouldn't know about it. He knows when his term is up. If he's out of town or if he's in the hospital, if you start opening these things back up or making any exceptions to it, you get ... it's my understanding that you pretty much always have several that are late.
THE CHAIRMAN: Yes.
SENATOR BRYAN: So, you know, is it twenty-four hours, is it forty-eight hours, is it seventy-two hours; what is your time line? I don't know the man, didn't know this man. Just saw him right there when he just spoke. I don't know any of them. But this is not one race at South Carolina State. This is Clemson, the University of South Carolina, it's the College of Charleston ... it's every one of them.
THE CHAIRMAN: If we open up one, all they've got to do is to go to the court and we've got to open up everything. But now, Senator, you make ... what's your motion?

Printed Page 1395 . . . . . Friday, March 29, 1996

SENATOR WILSON: That we invite those persons who have filed a letter of intent to come to our next meeting, which will be next Wednesday, to come and make a presentation as to why in good faith they should be considered.
REPRESENTATIVE INABINETT: If that's the motion, I second it.
THE CHAIRMAN: If they come and tell us why they filed late.
REPRESENTATIVE LITTLEJOHN: Just those three.
THE CHAIRMAN: No motion as to opening or closing ...
SENATOR WILSON: Not at the time ...
THE CHAIRMAN: That will come that day.
SENATOR WILSON: Yes, that would come that day if it's appropriate. And I don't know the circumstances, and I am particularly not aware that there was a two page letter from an attorney explaining the circumstances, I wasn't aware of that.
REPRESENTATIVE LITTLEJOHN: But you have three letters of intent.
THE CHAIRMAN: I didn't think his letter was a very good explanation.
SENATOR WILSON: Well, I haven't still read it.
SENATOR BRYAN: I think it was sent to everybody on the Screening Committee. You should have it in your office. I got it this week.
THE CHAIRMAN: You can have my copy.
SENATOR WILSON: Thank you.
SENATOR BRYAN: If you're ready to make a motion next week, you'd better be ready to make a motion to open all of them up. That's all I can say. I think you're creating a problem. I don't have an objection to his motion, I just ...
THE CHAIRMAN: Senator Wilson moves that we invite those who filed late to appear at our meeting next week for an explanation as to their tardiness. Is there a second?
REPRESENTATIVE INABINETT: I second it.
THE CHAIRMAN: It's seconded by Mr. Inabinett. All in favor say aye; opposed no. The ayes have it. Well, gentlemen, what do we do about those we've just seen today? We generally approve them at the end of the meeting.
SENATOR WILSON: I move we carry it over until next Wednesday.
SENATOR BRYAN: Is there any reason we shouldn't go on and approve the ones we've heard today? We've got more to do next week, too.
SENATOR WILSON: I defer to the wisdom of the Chair.
SENATOR BRYAN: I mean, I don't see any reason not to approve them.

Printed Page 1396 . . . . . Friday, March 29, 1996

REPRESENTATIVE INABINETT: Mr. Chairman, I move to approve those that were screened and found qualified today.
SENATOR BRYAN: I second it.
THE CHAIRMAN: Mr. Inabinett moves that we find them qualified. Seconded by Senator Bryan. All in favor, say aye, opposed no. The ayes have it. Mr. Littlejohn moves the Committee adjourn. All in favor say aye, opposed no. The ayes have it.

(The Committee adjourned at 9:58 a.m.)

COMMITTEE TO SCREEN CANDIDATES FOR

BOARDS OF TRUSTEES

OF STATE COLLEGES AND UNIVERSITIES

PUBLIC HEARING

********

Wednesday, March 13, 1996

9:02 a.m. - 10:02 a.m.

The proceedings taken at Room 433, Blatt Building, Columbia, South Carolina, on the 13th day of March, 1996 before Sonya S. O'Cain, Court Reporter and Notary Public in and for the State of South Carolina.

State-supported Colleges and Universities

Boards of Trustees

Candidates to be Screened on March 13, 1996

Lander University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

Nancy J. Cash (Charleston)

2nd District, Seat 4

George R. Starnes (Columbia)

3rd District, Seat 6

Jean T. McFerrin (Aiken)

4th District, Seat 8

C. Tyrone Gilmore (Spartanburg)

5th District, Seat 10

S. Anne Walker (Columbia)

6th District, Seat 12

Walter D. Smith (Florence)

Printed Page 1397 . . . . . Friday, March 29, 1996

At-large, Seat 14

Ann B. Bowen (Greenwood)

Glenas Delois Green (Greenwood)

Medical University of S.C. - Six seats (Congressional districts (three from medical and three non-medical professions)

Medical

4th District

Dr. Charles B. Thomas, Jr. (Simpsonville)

5th District

Dr. Cotesworth P. Fishburne, Jr. (Rockhill)

6th District

Dr. E. Conyers O'Bryan (Florence)

Non-medical

1st District

Melvyn Berlinsky (Charleston)

2nd District

H. Donald McElveen (Columbia)

3rd District

Jack F. McIntosh (Anderson)

Fred Moore (Honea Path)

University of South Carolina - Eight seats (Judicial circuits)

2nd Circuit

Patrick D. Cunning (Aiken)

Miles Loadholt (Barnwell)

4th Circuit

J. DuPre Miller (Bennettsville)

6th Circuit

James Bradley (Lancaster)

8th Circuit

Herbert C. Adams (Laurens)

10th Circuit

Brian A. Comer (Anderson)

Robert N. McLellan (Seneca)

14th Circuit

Helen C. Harvey (Beaufort)

15th Circuit

M. Wayne Stanton (Conway)

16th Circuit

Samuel R. Foster, II (Rock Hill)

Printed Page 1398 . . . . . Friday, March 29, 1996

Wil Lou Gray Opportunity School - Four seats (at-large)

Dr. Marvin Efron (Cayce)

Wilhelmina McBride (Columbia)

Mary F. "Frankie" Newman (West Cola)

Suzanne Turner Reynolds (Gaffney)

Olive Wilson (Williamston)

Winthrop University - Two seats (at-large)

Jane C. Shuler (Orangeburg)

Walter H. Smith (Columbia)

David A. White (Rock Hill)

THE CHAIRMAN: The meeting is called to order. Several of our members have other meetings and will be trickling in. I have on my right Representative Inabinett, on my left I have Senator Giese, and my far left I have Senator Brown, and I'm Gene Stoddard. We certainly appreciate you all attending this morning. On behalf of the General Assembly we certainly thank you for your service. I know at times it seems very unrewarding, but of course you can't put a monetary value on that good feeling that you have when your institution has done a good job. We certainly appreciate that. Representative Inabinett moves that we waive the appearance of those unopposed candidates and I read your name you leave or you may attend and listen to the testimony. Lander University -- we have Nancy Cash, George Starnes, Jean McFerrin, Tyrone Gilmore, Anne Walker, Walter D. Smith. From the Medical University -- we have Dr. Charles B. Thomas, Dr. Cotesworth P. Fishburne, Dr. E. Conyers O'Bryan, Melvyn Berlinsky, H. Donald McElveen. University of South Carolina -- we have J. DuPre Miller, James Bradley, Herbert Adams, Helen C. Harvey, M. Wayne Staton and Samuel R. Foster, II. I believe that completes the unopposed candidates, you may feel free to go.
REPRESENTATIVE INABINETT: Mr. Chairman, this is ... just before everyone leaves.
THE CHAIRMAN: Yes. Mr. Inabinett has something to say. The temporary date for the election, I guess most of you know, is the 10th of April. Thank you very much. We now proceed with the round of candidates, Ann B. Bowen.
ANN B. BOWEN - EXAMINATION BY THE CHAIRMAN:
Q: Ms. Bowen, would you raise your right hand, please? Do you solemnly swear that the foregoing testimony is the truth and nothing but the truth, so help you God?

Printed Page 1399 . . . . . Friday, March 29, 1996

A: I do.
Q: Ms. Bowen, 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.
Q: Do you have any interests, professionally or personally, that present a conflict of interest because of your service on the Board?
A: None.
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 Ms. Bowen? Thank you Ms. Bowen.
A: Thank you.
THE CHAIRMAN: Next we have Ms. Glenas D. Green.
GLENAS D. GREEN - EXAMINATION BY THE CHAIRMAN:
Q: Raise your right hand, please, Ms. Green. Do you swear that the foregoing testimony is the truth and nothing but the truth, so help you God?
A: I do.
Q: Ms. Green, 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 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: Thank you, Ms. Green. Any questions of Ms. Green?
SENATOR GIESE: Chairman.
THE CHAIRMAN: Senator Giese.

Printed Page 1380, Mar. 29 | Printed Page 1400, Mar. 29

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