S.C. high court rules Sanford’s ethics probe public

COLUMBIA — The S.C. Supreme Court ruled Thursday that Gov. Mark Sanford cannot keep secret the state Ethics Commission’s investigation of the governor’s travel and expenses.

The governor’s lawyers asked the court to require the Ethics Commission to keep its investigation confidential.

The Ethics Commission is required by state law to keep its proceedings confidential unless the subject of an investigation waives that confidentiality. Sanford sent a letter to the Ethics Commission on Aug. 28, saying, “In an effort to once again go the extra mile, I would like to waive my right to confidentiality in your upcoming ethics probe. I believe that what the whole of our travel records will show is that this administration has worked very hard to be a good steward of taxpayer resources.”

But the governor’s lawyers argued Sanford gave only a limited waiver of confidentiality. He would allow the Ethics Commission to announce publicly it was investigating the governor, but not release any details.

The Supreme Court ruled the governor waived confidentiality.

“The only reasonable interpretation of Governor Sanford’s August 28th letter is that it was an intentional relinquishment of the right to confidentiality, and therefore a valid — and complete — waiver,” the court wrote in its ruling.

House Speaker Bobby Harrell also asked the court to require the Ethics Commission to release its investigative report to the House for use in possible impeachment proceedings. The court denied that request, writing, “The pending ethics investigation is wholly unrelated to any potential impeachment. The House of Representatives may proceed (or not proceed) with impeachment at its own choosing, irrespective of any finding by the Commission, or any other investigation of the Governor.”

While the court ruled that the governor cannot keep the investigation secret, it also ruled that the Ethics Commission’s “work product” and investigative process would remain confidential.

One of Sanford’s attorney’s, Butch Bowers, issued a written statement after the ruling.

“We agree with the Supreme Court’s decision today to deny the Speaker’s request to order the Ethics Commission to release its investigatory report to the House. We also agree with the Court’s decision to preserve the confidentiality of the Commission’s investigative process,” Bowers wrote. “We’ve fully cooperated with the Commission thus far, and we will continue to do so throughout this process.

“To be clear, Governor Sanford supports the public release of the full and complete Ethics report, and we believe that once all of the facts and the complete story are on the table, people will see that this Administration has consistently been a good steward for the taxpayer.”