By Betsy Finklea
The Dillon County Council removed Dillon County Administrator Tony Clyburn in a 4-2 vote at the end of their regular council meeting on Wednesday afternoon.
Councilman James Campbell made the motion to remove Clyburn, seconded by Councilman Archie Scott. Voting to remove Clyburn were Chairman Stevie Grice, Councilman Harold Moody, Councilman Archie Scott, and Councilman James Campbell. Voting against the motion to remove Clyburn were Councilman T.F. “Buzzy” Finklea, Jr., and Councilman Gerome “Gee” McLeod, Sr. Not voting was Councilman Jack Scott.
The agenda item for this matter was placed near the end of the agenda and was listed as “Consideration of Continued Employment of the Administrator.” Chairman Grice announced the item.
At this point, Campbell made a motion, based on the paper that he had been given, to remove the county administrator in accordance with this notice of removal and the written statement of the reasons and that it be published in the public.
At this point, Finklea asked if he could make a statement. Grice said he could. It was delayed, however.
Grice then said that he had a motion and said they needed a second. A. Scott made the second.
Grice said that he was going to read the reasons. The reasons listed were as follows:
• Failure to perform all statutory duties and functions of a County Administrator under the Council-Administrator form of government and any other lawful duties requested of him by the Dillon County Council as required by the Employment agreement (contract) and failure to perform and abide by terms of the Employment agreement (contract) and breach of Employment agreement (contract). See included items below.
• Failure to perform the Powers and Duties of County Administrator under Home Rule Act (4-9-620). See included items below.
• Not domiciled in Dillon County, in violation of Employment agreement (contract) as required by the contract. Has been driving a county vehicle back and forth to work from 817 Julian Street in Georgetown, SC.
• Not documenting work or absences from work in violation of the Employment agreement (contract). Also addressed several times for coming to work late and leaving early.
• Gave 2 percent raise to County employees not provided for in the budget (approximately $180,000 per year).
• Gave individual raises to employees not provided for in the budget.
• Hired employee to a full-time position that did not previously exist and not in the budget.
• Failed to advertise for employee position and for position of secretary at the landfill.
• Using economic development fund, $950,000 of it, in budget to fund general county operations in budget.
• Allowed employee to continue to receive over $8,000 pay while not working after he was denied worker’s comp.
• Paid a salaried supervisor overtime for over a year.
• Allowed contaminated dirt to come to landfill without permission/had to pay to remove it.
• Has never implemented business registration fee or bill insurance on structure fires/both in the budget ordinance.
• Not communicating with PDRTA and other stakeholders and returning calls or e-mails to Commerce.
• Directed work from insurance proceeds without competitive bids or proposals and in conflict of interest (over $100,000).
McLeod then said he wanted to say something, and he took the podium. McLeod held up the list. He said, as of today, he got this list before they got to this point.
Grice chimed in that McLeod had seen it because he had showed it to him at his (Grice’s) house. McLeod said he had never seen it. Grice again said he showed it to McLeod at his house. McLeod held up his hand and said again that he had never seen it.
McLeod said he wanted to say a few things. He said if you guys are truly working for the people of Dillon and would like to be transparent and honest then we should give Mr. Clyburn a chance right now to stand up before the people and address this. He then looked at the audience and asked wouldn’t they like that. Several people in the audience said yes. He continued saying it would be unfair to make an accusation of this magnitude in front of the media and not give him a chance to respond before we vote. He asked the audience if they thought that would be fair. Many said yes. “I am an elected official on Dillon County Council, and I was not even given an opportunity to view these accusations so that I could make some sort of explanation for Mr. Clyburn before making a decision of this magnitude.”
“There’s a lot at stake” with the firing of a county administrator, who is trying to help this county, and at no point, is he given an opportunity to explain himself before we got to this point, McLeod said.
McLeod said at some time and point, they should have gotten together as a council. He said they were wasting taxpayer dollars.
“That’s right, that’s right,” someone in the audience said as others in the audience verbally agreed. He said to look at the situation that we have come to when we are going to fire a county administrator without talking about it. “There’s too much at stake,” McLeod said. People are working very hard in this county and paying taxes and that money is going to run this county. “If we abuse taxpayer dollars and do this again, I think it’s absurd,” said McLeod as he bammed his hand on the podium. “Thank you for your time,” he said and left the podium. There was some applause and agreement from the audience.
Grice asked if there was any more discussion. Finklea again said he had something he wanted to say.
Before he could make his statement, former Dillon County Councilman Randy Goings said from the audience that they should have opened this up to the county. Grice said, “excuse me sir,” a couple of times to stop the commenting and keep the meeting in order. Goings continued saying you should have allowed me, as a taxpayer, to speak. Again, Grice asked him to refrain. “That’s alright, that’s alright,” Goings said. “You know I’m telling the truth.” Again, Grice asked him to refrain, and McLeod returned to the podium. “We got to make sure that we are working for the county and not a special interest group. If I am out of line, Mr. Chairman, I apologize, but I am saying what I am saying and I mean it from my heart, and I have seen it since he has been it that position.”
“You right, you right,” came from the audience.
Finklea then made his comments. Finklea said, “Mr. Chairman, If there is an issue with the administrator or action that needs to be taken, I certainly feel that we need to do what is best for the county; however, you had a list of allegations and would not give me a copy so I have not had an opportunity to review this list or investigate it.”
“Thank you, thank you,”… “A prime example,” came from the audience.
“Also, there is no executive session on this agenda, which is the appropriate place to address personnel issues and where we, as a whole council, can speak to Mr. Clyburn one-on-one about these issues and hear what he has to say before council takes a vote, which I think is only fair to both him and all members of council,” Finklea said.
“Again, I want to take the best action for the county; however, I cannot cast a vote today to terminate Mr. Clyburn without all of the information and without hearing directly from him on these issues,” Finklea said.
“That’s fine,” said Grice. “I am going to say something too. Mr. McLeod came to my house and sat down at my table with me and looked at these reasons.”
McLeod said he sat down, but he didn’t see anything. “Well, you must have closed your eyes,” Grice said.
Grice looked at Finklea and said you came to my house and saw them too. Finklea said that was correct, but he wanted a copy and said Grice said he didn’t want it out on the street.
Grice asked Finklea, I showed them to you, right? Finklea again said yes.
Shouting continued from the audience.
J. Scott asked if he could speak and took the podium. “I am going to make it short and sweet,” J. Scott said. “Short and sweet, we are taxpayers of this county. As long as I am here, I am going to take up for the taxpayers of Dillon County.”
“Good,” someone in the audience said.
“Gerome McLeod. Why didn’t you if you found out about it, let me… This is the first time I have heard tell of any of this.”
“Gerome McLeod. You are a county councilman, and you’re standing up for this administrator. If Stevie Grice got in touch with you at his house, why didn’t you call me?”
“I assumed he called you,” McLeod said.
“I did,” Grice said. “He didn’t answer.”
An “ohh” came from the audience.
“Why come nobody on this council, not one person, has let me know one thing?,” J. Scott asked. With outstretched arms, he shrugged and asked, “You know why, don’t you?”
“Just what I am doing right now. Taking up for the taxpayers of Dillon County and that’s the reason, I was not consulted about Mr. Clyburn, and we’re in this mess today. And do I like it? “NO,’” said J. Scott emphatically as he returned to his seat. “If you knew about it, Gerome, you should have called me.”
Goings started talking from the audience. This should have been put in the paper, he said, and allow the public a venue to speak, and you know it. Grice said, Mr. Goings, I think you know how meetings are held. You were on council, weren’t you? Grice then asked if there was any more discussion.
“What about from the floor?,” someone from the audience asked.
Grice said this is a public meeting not a public forum.
Someone from the audience said to Grice, you want to put somebody out of the meeting because they tell the truth, and you can’t stand it.
Councilman Archie Scott said he does understand the issues, however, there are orders you have to go by. You have to go by certain orders.
There was shouting from the audience, and A. Scott asked to let him finish. He said there will be a time for the public and there’s a time for the council. This is council’s time at this time, and when the public time comes, the public time will be. The system is fair. There was continued shouting from a member of the audience while Scott maintained his composure and continued and finished his remarks.
Grice called for the vote, and the vote was taken. Grice then read the notice of removal.
Notice of Removal of Wilson Anthony Clyburn as Administrator of Dillon County by Dillon County Council and Written Statement of Reasons for Removal.
Mr. Clyburn,
As provided in the South Carolina Home Rule Act (Section 4-9-620), the Dillon County Council is empowered to employ an administrator to serve as the administrative head of the county government.
Pursuant to the Home Rule Act, the Dillon County Council has determined to remove you as Dillon County Administrator, effective immediately,” and hereby provides a written statement of the reasons for your removal. You are hereby removed as County Administrator. The written statement of the reasons for the removal of you as administrator are attached hereto and incorporated herein.
Please be advised that you have a right to a hearing thereon at a public meeting of the council by following the procedure set forth in Section 4-9-620.
Done by Dillon County Council in session May 27, 2020.
Dillon County Council
by Stevie Grice, Chairman
Notice of this Notice of Removal and a written statement of reasons is delivered to Administrator on May 27, 2020, at the Dillon County Council Chambers
Grice gave this to Finance Director Richard Gaddy to hand to Clyburn. Grice told Gaddy it needed to be witnessed.
The next item on the agenda was consideration of employment of an acting administrator. Councilman Harold Moody said he would like to make a motion for Clay Young as acting administrator. This was seconded by Finklea. The vote was 5-0 with Grice, Moody, Finklea, A. Scott, and Campbell voting in favor. McLeod and J. Scott did not vote.
SC Code 4-9-620, which was referenced at the meeting, states the following: “The council shall employ an administrator who shall be the administrative head of the county government and shall be responsible for the administration of all the departments of the county government which the council has the authority to control. He shall be employed with regard to his executive and administrative qualifications only, and need not be a resident of the county at the time of his employment. The term of employment of the administrator shall be at the pleasure of the council and he shall be entitled to such compensation for his services as the council may determine. The council may, in its discretion, employ the administrator for a definite term. If the council determines to remove the county administrator, he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council. Within five days after the notice of removal is delivered to the administrator he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The administrator may file with the council a written reply not later than five days before the hearing. The removal shall be stayed pending the decision at the public hearing.”
The Dillon Herald requested a statement from Tony Clyburn after the meeting.
“This vote today was not about me. It was about the direction of Dillon County as I have done everything in my power to bring attention to and eradicate the ‘Good Ole Boy’ network that’s been in Dillon County for decades,” said Clyburn.
“They made some ridiculously false claims today and would not allow me to defend myself. But the citizens of Dillon County know that the termination of my contract had nothing to do with my job performance and everything to do with my refusal to play along,” said Clyburn.
Clyburn said he has requested a public hearing and will answer the accusations publicly.
Watch the meeting…
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