Berkeley County Council to hold special meeting this week - WCBD-TV: News, Weather, and Sports for Charleston, SC

Berkeley County Council to hold special meeting this week

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BERKELEY COUNTY, SC -

UPDATE:

A special Finance meeting was held Monday night in Berkeley County, and council went into executive session. After coming out of executive session, Councilman Tim Callanan announced that council has agreed to hold a special council meeting later this week.

Callanan, Councilman Ken Gunn and Supervisor Dan Davis will discuss the day/time of the meeting at a meeting of the three of them Tuesday.

Callanan says they hope the delay will allow cooler heads to prevail. Supervisor Davis tells News 2 he is also hoping they can work their differences out for the benefit of the citizens of Berkeley County.

Councilman Callanan says he is hoping the new date for the special meeting of county council will take place Thursday or Friday.

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Berkeley County Supervisor Dan Davis has canceled the Berkeley County Council Special Meeting that is set to take place tonight. He emailed council and members of the media shortly after 4pm Monday afternoon. Davis says he has concerns about the legality of how the special meeting was scheduled. A majority of council replied to an email about the proposed meeting, agreeing to hold the meeting last week. 

 

Councilman Tim Callanan, the Council member who originally sent the email scheduling the meeting, replied to Davis, saying tonight's meeting will take place. He said Davis is welcome to motion for adjournment once the meeting begins. 

 

News 2 will be at the meeting, and we'll have the latest tonight on News 2 at 11. 

 

Below is the email from Supervisor Dan Davis...

 

"Dear Council members:

 

Please be advised that I am canceling the Special Council meeting called for this tonight at 6:30.  I have concerns that the vote taken by electronic means to call the special council meeting is in violation of the Freedom of Information Act (please see attached email correspondence).   According to Council rules, I am required to hold one council meeting per month, and one is currently scheduled for April 22, 2013.   A two-week delay on these matters is not unreasonable since this position has not been filled in more than two years.

 

Please let me clarify some matters with regard to the Clerk to Council.   First, as you know, I have recently designated one of the administrative personnel as the Clerk to Council; this position performs several specific and essential duties in County government and is not "in name only."   Second, the Clerk of Council/Director position (a grade C40) as posted in 2011 and 2013 required a bachelor's degree and extensive supervisory experience.    The individual that the Committee on Human Resources and Purchasing has recommended for the position does not have a bachelor's or even an associate's degree, and therefore does not meet the minimum qualifications as originally posted in 2011 and 2013.   Hiring someone without the requisite minimum qualifications is in violation of the County Personnel Manual, which was adopted by this council, and sets a precedent that Council may not be prepared to follow in future instances.

 

With regard for the proposed amendment to the budget ordinance and the stated need for seeking outside counsel, you know that outside counsel has already been consulted and you have been briefed on their opinions.   Moreover, I understand from Mr. Dennis Fish, who informed both me and a member of my staff on February 25, 2013, that council has already retained an attorney, who presumably disagrees with the attorneys that have been consulted.

 

Because of the disagreement in opinions and the need to resolve this matter, I suggest that the County seek a declaratory action to determine the current state of the law.  I will place this matter on my Council agenda on April 22, 2013.  Until this matter is resolved in by a judge, I recommend we keep things as they currently are.

 

I continue to invite any of you to contact me if you have any concerns or would like to discuss this matter with me.

 

Regards,

 

Dan"

 

Below is the response from Councilman Tim Callanan...

 

"Dear Supervisor Dan W Davis et al:

The meeting scheduled and noticed for this evening will take place as scheduled.  A chairman does not have the authority to cancel a meeting to be called by a majority of council members.  Pursuant to South Carolina State Law SECTION 4-9-110 the Supervisor is welcome to make an immediate motion to adjourn after the meeting has been called to order bay the majority of council members.  If that vote fails the meeting will proceed with its agenda.

 

 

Tim Callanan

Berkeley County Councilman"

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