Timmonsville board cans attorney Buyck, owes him more than $100,000 in legal fees

The newly elected Timmonsville Town Council shook things up Tuesday night, firing the town’s attorney and leaving questions about how to pay over $100,000 in fees.
Council emerged from a half hour long executive session when Mayor Darrick Jackson announced the decision to “change legal service,” effectively eliminating attorney Mark Buyck III, who has worked as town’s attorney for approximately six years.
Following the meeting, Jackson declined to comment on the reasons behind Buyck’s dismissal, saying only the council was ready to “move forward.”

That might prove difficult for council because according to both Buyck and town Administrator Mark Fountain, Timmonsville owes the attorney over $100,000 in legal fees dating back before 2010.

Buyck initially de declined to comment on the firing, but corrected a statement late Tuesday night that he had worked for Timmonsville essentially free of charge. Buyck said he was unsure of the exact figure, but estimated the town owes him $100,000 in legal fees.

Fountain confirmed Buyck’s statment, saying the town owed Buyck a significant amount of money prior to the new administrator’s arrival in 2010.

Either way, Buyck said he is expecting payment for services rendered.   

“They know they owe me and I expect them to pay,” Buyck said in a phone interview Tuesday night. “I still expect to get paid for the work that I’ve provided already.”

Neither Buyck, nor Fountain were asked to join council initially when they entered into executive session to discuss the “legal, personnel and contractual matters.”

Buyck was called in roughly halfway through the executive session, meeting with council for roughly ten minutes.

Mayor Jackson said immediately following Tuesday’s meeting the search a new town attorney would begin immediately and that he expected the position would be filed within the next two weeks. 

Fountain lamented the loss of Buyck and spoke highly of the now former-town attorney.

“Mark Buyck has been an asset to the town,” Fountain said. “The town suffered a big loss tonight.”

Council also approved a physical shift of town personnel, sending Fountain’s office from the rear of town hall – with town treasurer Dora Lee – to the front office near the reception area at the building’s front. Fountain will occupy what used to be the mayor’s office and Jackson will move back with Lee.

Jackson said the move was intended to make Fountain “more accessible to the people of Timmonsville.”

“We definitely need to get some service for the people of Timmonsville,” Jackson said.

Changes to the town’s structure came earlier in the evening when council re-implemented a Utility Committee, a controversial body that once existed to address citizen concerns regarding town water issues.

Each councilman appointed a representative to sit on the committee, which will meet no more than two times per month, and will be chaired by councilman Curtis Harrison.

The cost of water has been an issue in Timmonsville since 2010 and SLED is currently investigating the town on issues stemming from alleged abuse of town water bills. Some citizens did not pay water bill for years and complaints began to surface when residents complained of high water bills near the end of 2010.

However, town administrator Fountain reported to council that since he was hired in 2010 and billing issues with the town’s water began to be addressed, the town is currently bringing in $110,000 in water payments per month, resulting in a significant increase to town revenues that used to be at $45,000 per month, Fountain said.

Appointees to the utility committee include Billy Fowler – appointed by newly elected councilman James Askins. Fowler is currently engaged in a legal battle with the town stemming from assault charges brought against Fowler by Fountain and Councilman James Pigate, following an incident at the end of 2011.

Pigate was absent from Tuesday’s meeting. Jackson reported that he was ill.