PEE DEE POLITICS: Executive sessions are rarely a good sign

The more politicians talk, the better off we are.

Given the 24 hours of political garble-de-goo we are subjected to via cable news networks and the internet, a healthy distance from politics may seem more appealing than giving long winded politicos more opportunity to blab.

However, the sight of elected officials speaking on television, ranting at public meetings, or aimlessly roaming the streets handing out campaign buttons is a comforting sight.

It’s when they are behind closed doors that you should be nervous.

Case-in-point: Timmonsville Town Council.

Timmonsville hasn’t exactly been a place of political tranquility in recent months. Members of the town council, as well as many of its citizens, have leveled accusations of racism and corruption over various issues. Things are happening now that should really have Timmonsvilleians concerned -- your council holding lengthy executive sessions.

“Executive Sessions,” are when governing bodies retreat from public view to discuss sensitive material -- often of a legal nature -- in private.

According to the Municipal Association of South Carolina (MASC), Section 30-4-70 of the S.C., Freedom of Information Act addresses what warrants an executive session. The reasons for such sessions are limited, and under Section 30-4-70 a council can only do so for no more than five purposes:

1. Discussion of employment matters related to an employee.

2. Discussion of proposed contractual agreements and the receipt of legal advice where the municipality is involved in an adversarial situation such as a lawsuit.

3. Discussion of developing security personnel or devices.

4. Investigative proceedings regarding alleged criminal misconduct

5. Discussion of locating, providing or expanding services for economic development purposes

Councils often make the mistake of being too vague when entering into executive sessions. To state “personnel” or “contractual matters” is not enough detail. Reasons such as, “discussing the advancement of a city employee,” or “discussing options for improved security at city hall” are acceptable.

Once in executive session, council members must stick to the specific topic for which the session was called, not venture into other areas for discussion, and they cannot vote on ANYTHING until they reconvene in public, where all voting must be conducted.

If executive sessions last longer than 30-45 minutes, citizens should start worrying. Either there is a legal or personnel issue of such magnitude that council needs that time to receive updates and discuss options or they are actively trampling on your rights with an illegal session.

Either way, the Timmonsville council had two executive sessions this week – each of about one hour --  both pertaining to “legal” “personnel” and “contractual” matters.

Despite the fact that the reasons for these sessions weren’t specific enough to comply with the FOIA, the fact the discussion – which turned out to concern the town’s attorney – took two hours to discuss and that neither the town administrator nor the town treasurer were in either one of those meetings is scary.

Two hours is not enough time to discuss the firing then subsequent hiring of an attorney, especially without any guidance from the administration.

Since the administrator wasn’t involved and members of council have said the issue of the attorney wasn’t discussed prior to Feb. 7, when Mark Buyck, III was dismissed, are we to believe that the search, discussion and hiring of an attorney took place in two hours?

That’s not the way to conduct a thorough search for legal representative and it sets a bad precedent for a council.

Nothing good in government ever happens when we can’t see our politicians.