By Betsy Finklea
In a Florence County courtroom on Wednesday morning, Judge Michael Nettles denied a motion filed by the attorneys for County Administrator Rodney Berry in the treasurer’s complaint to dismiss Jamie Calhoun Estes, as Treasurer of Dillon County, as a plaintiff, and to substitute the Dillon County Board of Education and Northeastern Technical College as the real parties in interest in this action, which was also denied.
Rob Tyson, attorney for Berry, said that it was a pretty straightforward motion filed under Rule 17(A). He argued that Estes did not fit in the list for a real party in interest and said it should be brought in the name of the person who suffered an actionable loss.
Tyson reviewed the items of her complaint. He stated that they believe the budget was passed properly. He added that they were in the process of adopting a supplemental budget, which has its third reading on August 30th. He said that Estes’ claim that the budget was passed improperly would be a mute point next Wednesday when the third reading is passed. Tyson said that Estes is an officer with a ministerial duty to follow the budget. He said Estes didn’t have a right to sue over who is funded as she does not represent the Dillon County Board of Education or Northeastern Technical College. He said her concern is about liability, but once an ordinance is passed, it is considered valid, and that the judge in his writ of mandamus had ordered her to disburse the funds according to the budget.
Estes’ attorney, Charles Curry, said this was a declaratory judgment action, and Estes was in the untenable position where two separate entities are requesting the same funds, and she is asking who to pay the funds to. He said he didn’t know how they would throw a party out when there was a counterclaim against her. He said for 22 years, these local option sales tax funds were paid to the Dillon County Board of Education, and there is an audit report that states the agreement. Curry said on June 30th, the county administrator wrote a letter that directed Estes not to pay the local option sales tax funds to the Board of Education. The June funds had not been paid at that point and are currently being held in escrow. He said the treasurer does not want Dillon County, the Dillon County Board of Education, or Northeastern Technical College to file an action against her.
Judge Nettles said the issue is going to be resolved and then probably be heard by an appellate court and asked if Estes really wanted to be involved in the litigation. Curry asked how Estes can be directed to do something if she is not a party in the action. Tyson said that the treasurer would do what it says in the budget.
Curry said that the money comes from South Carolina to the Treasurer’s Office and the money should not be a part of the county budget.
Judge Nettles said Estes had a material and substantive interest in the way it came about. He said that when this matter is heard on September 14th-15th that all were going to get to talk until the spirit moved them otherwise. He said everyone is going to be heard.
Paul Porter, the attorney for the Dillon County Board of Education, along with Bruce Davis, said their position is that the case ought to be styled as it is now. Northeastern Technical College’s attorney concurred.
Judge Nettles asked that Curry prepare an order that stated that Estes had a real material and substantive interest and a legal interest in the matter. He said, therefore, the motion to dismiss the treasurer as the plaintiff in the case is denied, and the motion to substitute the Board of Education and NETC as plaintiffs was denied. The complaint will be heard in September in a non-jury setting.
