EDITOR’S NOTE: Look for more in Tuesday’s issue of The Dillon Herald.
SEPTEMBER 28, 2017—The Honorable Michael G. Nettles, Circuit Court Judge, has issued a final order filed today which held that Dillon County’s Council acted unlawfully when it, by a 4-3 vote, included Local Option Sales Tax (LOST) funds historically allocated to the Dillon County Board of Education in its own budget.
Judge Nettles held “that the County share of Local Option Sales Tax revenue funds should be distributed in halves between the Board and County.” He also held that the original 2017-2018 budget was procedurally defective, but that a supplemental budget passed in August was passed under proper procedure.
The ruling means that the Board of Education is legally entitled to one-half of all County LOST revenues, and Dillon County now has 10 days in which to file a motion to reconsider or 30 days to appeal.
Richard Schafer, the Chairman of the Dillon County Board of Education, comments:
“We are extremely pleased with the ruling, and are confident that the Judge made the right decision. We are also extremely disappointed that it had to come to this. We want the best for Dillon County, and hope that this can be the end of a bad chapter on County relations, and that all involved can work together productively from here on.”
The Board of Education does not know whether the County intends to appeal. Regarding a potential appeal, Schafer commented: “My hope, and I believe the hope of all taxpayers, is that the County will respect the Court’s ruling and move on toward cooperative, fiscally conservative behavior for the benefit of all Dillon citizens. If the County does not, we are prepared to vigorously defend an appeal in order to protect the will of the voters who voted in favor of the 1995 LOST Referendum.”
The Court’s ruling comes after a lawsuit was filed on July 10, 2017 by Treasurer Jamie Estes asking the Court to rule on the legality of the County’s 2017-2018 budget. The ruling indicates that Treasurer Estes’ concerns about the budget were justified.
The Board of Education was represented by Paul Porter of Cromer Babb Porter & Hicks, LLC in Columbia and attorney Bruce Davis. Paul Porter commented: “I am glad about the Court’s decision, and I commend my opponents on a well-tried case. It is my hope now that all involved work together; because that is what is best for Dillon County.” Porter also said: “we believe the Judge got the law right, and, though we would prefer everyone just get along, we are ready to defend the Judge’s ruling to the furthest extent necessary.”
