EXECUTIVE ORDER NO. 97-31


WHEREAS, A. Joseph McNutt, Jr., Chairman of the Horry County Council, has been indicted by the Horry County Grand Jury on three counts of willful attempt to evade and defeat payment of income taxes and three counts of failure to file tax returns; and

WHEREAS, willfully attempting to evade and defeat payment of income taxes and failure to file tax returns are crimes of moral turpitude; and

WHEREAS, Article VI, Section 8 of the South Carolina Constitution provides in pertinent part, that "[a]ny officer of the State or its political subdivisions, except members and officers of the Legislative and Judicial Branches, who has been indicted by a grand jury for a crime involving moral turpitude or who has waived such indictment if permitted by law may be suspended by the Governor until he shall have been acquitted. In case of conviction the office shall be declared vacant and the vacancy filled as may be provided by law;" and

WHEREAS, Mr. McNutt is an Officer of the State or its political subdivisions.

NOW, THEREFORE, pursuant to the powers conferred upon me by the Constitution and Statutes of the State of South Carolina, I hereby order that Joseph McNutt, Jr. shall be suspended from the Horry County Council until such time as the charges of willfully attempting to evade and defeat payment of income taxes and failure to file tax returns have been resolved, at which time further appropriate action will be taken by the undersigned.

GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 30TH DAY OF SEPTEMBER, 1997.

_____________________________________
DAVID M. BEASLEY
Governor

Last Updated: Tuesday, July 7, 2009 at 11:18 A.M.