►
Description
Special Called Meeting of County Council September 11, 2023, 11:00 AM
Agendas can be found at https://beaufortcountysc.gov/council/council-committee-meetings/index.html
A
Good
morning,
everyone,
this
is
a
special
called
meeting
of
County
Council
Monday
September
11
2023
at
11
A.M.
Would
you
all
rise
for
the
Pledge
of
Allegiance
I
pledge
allegiance
to
the
flag
of
the
United
States
of
America
and
to
the
Republic
for
which
it
stands?
One
nation
under
God
indivisible
with
liberty
and
justice
for
all.
A
Councilwoman
Howard
will
be
here
shortly.
There
is
an
accident
on
Rebo,
Road
and
so
she's
tied
up
in
that
traffic
and
two
members
of
council,
Mr,
Dawson
and
Mr
Glover
are
online.
Public
notification
of
this
meeting
has
been
published,
posted
and
distributed
in
compliance
with
the
South
Carolina
Freedom
of
Information
Act
I
would
ask
a
member
of
council
to
move
and
second
the
approval
of
this
agenda,
so
move
Mr,
chairman
Mr.
A
A
A
This
public
hearing
is
being
held
in
accordance
with
South
Carolina
code
of
laws,
section
4-9620
in
relevant
part.
That
section
provides
that
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
counsel.
A
The
public
hearing
is
not
a
foreign
Forum
to
review
council's
decision
to
terminate
Mr
greenway's
employment.
Council
does
not
have
a
burden
of
proof
at
this
hearing
or
an
obligation
to
find
facts
or
reach
a
conclusion.
The
conclusion
to
terminate
Mr
Greenway
was
reached
earlier
council
is
under
no
obligation
to
review
that
decision.
A
Mr
Greenway,
however,
does
have
a
right
to
present
Witnesses
and
evidence
to
show
the
public
his
version
of
council's
region
for
his
determination
under
a
case
known
as
drawdy.
Nevertheless,
I
will
ask
for
a
motion
at
the
end
of
this
hearing.
That
motion
should
address
council's
decision
on
Mr
greenway's
termination
with
cause.
A
There
will
be
no
public
comment
during
this
period.
Everyone
is
asked
to
refrain
from
reacting
to
comments
made
during
this
hearing
Mr
Greenway
in
council's
letter
of
August
14
2023.
We
gave
you
very
specific
reasons
for
termination,
so
you
could
fashion
a
response
in
a
public
hearing
pursuant
to
South
Carolina
code
of
laws,
section
4-96
620,
we
indicated
in
the
letter
that
the
specific
reasons
will
meet
be
made
public
at
your
hearing
and
in
accordance
with
the
duties
under
the
statute.
A
The
specific
reasons
for
your
termination
are
as
follows:
item
one:
the
elemental
LLC
contract
on
January
9
2023.
You
entered
into
a
contract
for
Professional
Services
with
elemental
LLC.
The
contract
says
it
isn't
a
quote:
an
agreement
for
the
opioid
public
education
campaign,
close
quote.
It
provides
that
the
com
company
will
quote,
provide
services
to
the
county,
subject
to
the
direction
and
supervision
of
the
Beaufort
County
Administrator
close
quote
rather
than
to
a
department
such
as
the
Beaufort
County
alcohol
and
drug
abuse
department,
or
to
an
assistant.
A
County
Administrator
Council
understands
that
the
elemental
LLC
filed
articles
Articles
of
Incorporation,
with
the
South
Carolina
Secretary
of
State
on
December
15
2022.
Just
25
days
before
you
entered
into
the
contract,
the
company's
organizer
is
listed
as
Angela
hassinger
Council
understands
that
you
had
a
social
relationship
with
Miss
hassinger
and
her
former
sister-in-law
Lisa
Lynch
during
this
time,
and
that
this
social
relationship
continued
at
least
until
the
evening
of
May
6,
2023,
Ms,
Lynch,
Miss,
Lynch's
relationship
to
Elemental
is
not
fully
known
to
the
county.
A
Elemental
has
invoiced
the
county
for
work
attributed
to
Ms
Lynch.
The
elemental
website
identifies
Miss
Lynch
as
a
co-founder
and
part
of
a
quote
team
of
experienced
Consultants,
close
quote
Council
has
reviewed
the
County's
procurement
file
on
this
contract.
It
appears
that
in
a
period
of
just
30
days
before
February
28
2023
and
March
30th
2023,
you
approve
three
non-itemized
bills
for
Professional,
Services,
totaling,
thirty,
five
thousand
five
hundred
and
forty
three
dollars
and
seventy
five
cents
based
upon
council's
investigation
to
date.
A
It
appears
to
council
that
you
violated
several
provisions
of
the
Beaufort
County's
purchasing
ordinance,
its
procurement
regulations,
processes
and
guidance
for
employees
and
payment
practices.
When,
as
County
Administrator,
you
entered
into
a
contract
with
elemental
LLC
and
you
authorize
payment
of
expenses
incurred
by
Ms
hassinger
and
Ms
Lynch.
The
following
is
a
list
of
code,
Provisions
procurement
regulations
and
practices.
A
The
initial
purchase
order
for
Elemental
contract
was
fifty
thousand
dollars
in
entering
to
the
contract
with
elemental
on
January
9
2023,
you
violated
both
requirements
of
this
section,
Public
Announcement
and
negotiations
based
upon
demonstrated
competence,
qualifications
code
of
ordinance,
section
2-518,
sole
source
procurement.
This
section
creates
an
exception
to
the
general
rule
that
requires
competitive
bidding
of
contracts
with
Beaufort
County.
A
It
provides
that
a
that
a
contract
may
be
awarded
without
competition
when
the
purchasing
director
determines
in
writing.
After
conducting
a
good
faith
review
of
available
surface
sources,
that
it
is
the
only
source
for
that
required,
Supply,
service
or
construction
item,
it
further
provides
that
the
purchasing
director
shall
conduct
negotiations
as
appropriate
as
to
price
delivery
and
terms
you
entered
into
the
contract,
with
elemental
on
January
9
2023,
without
complying
with
any
of
these
code
sections.
This
contract
should
have
been
bid
out
pursuing
pursuant
to
section
2-505
and
section
2-542.
A
A
Our
investigation
to
date
reveals
that
the
purchasing
director
was
not
even
made
aware
of
the
contract
until
early
March
of
2023,
almost
60
days
after
you
entered
into
the
contract
and
after
Elementals
alleges
that
to
have
performed
Services
totaling,
twenty
thousand.
Seventy
five
dollars
in
value
invoices
in
January
for
the
amount
of
nine
thousand
seven
hundred
sixty
two
dollars
and
fifty
cents
and
February
in
the
amount
of
ten
thousand
three
hundred
twelve
dollars
and
fifty
cents.
A
Additionally,
it
is
clear
to
council,
after
reviewing
the
contract
and
Elementals
website,
that
Elemental
is
not
in
the
business
of
providing
Consulting
Services.
Regarding
the
development
of
opioid
education
and
marketing,
the
company
identifies
itself,
as
quote
an
independent
strategic
growth.
Consulting
firm,
close
quote
that
quote,
helps
grow
client
businesses,
close
quote.
A
There
is
never
a
proper
written
determination
under
Section
2-518
that
Elemental
qualifies
as
a
contractor
for
the
opioid
public
education
at
all,
less
as
a
sold
Source
contractor
for
these
services,
your
actions
violated
the
negotiated
provision
of
section
2-518
as
well,
assuming
it
applied
as
indicated
above
after
properly
determining
in
writing
that
there
was
only
one
source
for
the
required
service.
The
purchasing
director
is
then
required
to
conduct
negotiations
with
the
vendor
to
achieve
the
greatest
economy
of
taxpayer
for
the
taxpayer.
By
the
time
the
purchasing
director
came
became
aware
of
the
contract.
A
Code
of
ordinances,
section
2-522,
purchase
order
required.
This
provision
provides
that
any
Purchase
made
with
County
funds
shall
be
recorded
on
a
purchase
order
bearing
the
quantity
of
each
item
to
be
purchased.
The
purchase
order
for
this
contract
is
dated
March
2
2023,
again,
almost
two
months
after
the
contract
was
entered
into
and
after
the
contractor
had
been
billed
and
unbilled
time
in
the
amount
of
twenty
thousand
and
seventy
five
dollars.
This
is
not
in
keeping
with
county
code
Beaufort
County's
procurement
regulations,
processes
and
guidance
for
employees.
A
County's
current
procurement
regulations
and
processes
were
adopted
in
January
of
2022
during
your
term
of
office.
Section
2,
Dash
100.4
provides
that
the
County
Administrator
sell
sash
May,
execute
any
contract
on
behalf
of
the
county
subject
to
approval
as
to
formed
by
the
county
attorney's
office.
A
The
County's
attorney's
office
did
not
see
or
approve
the
contract
before
you
signed
it,
but
section
2-100.4
goes
even
further.
It
states
quote
it
shall
be
the
county
administrator's
duty
to
ensure
that
all
County
contracts
are
procured
in
compliance
with
the
requirements
of
the
Beaufort,
County
procurement
rules
and
regulations,
as
written
by
the
procurement
director
and
approved
by
the
County
Attorney
again,
the
county
attorney's
office
did
not
see
this
contract
until
May
of
2023..
A
Section
2
100.7
provides
that
the
county
attorney's
office
must
review
and
approve
all
contracts
that
exceed
fifteen
thousand
dollars
as
to
a
as
to
form
again,
this
did
not
occur.
Section
2-200.1
provides
that
all
contracts
over
fifteen
thousand
dollars
must
be
reviewed
and
approved
by
legal
and
procurement
before
the
contract
is
signed
by
both
parties.
A
Council
has
learned
that
at
your
instruction,
Beaufort
County
paid
for
Angela
hassinger
and
Lisa
Lynch,
the
latter
prior
to
commence
commencement
of
her
employment
with
the
county
to
attend
professional
conference
in
Atlanta.
After
being
told,
the
county
does
not
pay
for
independent
contractors
to
attend
such
conferences.
The
county
paid
registration
fees
into
the
amount
of
1750
airline
tickets
and
baggage
claims
in
the
amount
of
1,
000,
10.59
and
hotel
expenses
in
the
amount
of
782
dollars.
A
Council
has
concluded
that
the
violations
are
set
forth
above
we're
not
merely
merely
accidental,
they
were
intentional
and
they
constitute
a
breach
of
your
contract
of
employment
with
Beaufort
County.
The
ordinances
you
violated
are
lawful
directives
of
the
county
past
and
open
public
meetings,
County,
which
do
not
reflect
or
invade
the
responsibilities
and
Authority
conferred
On
You
by
the
South
Carolina
Constitution
code
of
laws.
As
such,
your
actions
constitute
cause
under
your
contract
number
two
Lisa
Lynch
employment
in
February
2023.
A
You
submitted
a
job
description
to
the
Beaufort
County
human
resources
department
for
a
position
entitled
Wellness
director
on
April
6
2023.
You
executed,
executed
an
employment
offer
letter
to
Miss
Lisa
Lynch
for
a
position
of
Wellness
director,
although
it's
not
clear
whether
you
fully
complied
with
the
Beaufort
County
hiring
process.
From
a
technical
perspective,
it
is
clear
that
you
did
not
comply
with
the
spirit
of
the
hiring
process.
A
It
appears
the
council
largely
verified
through
your
own
text,
messages
that
you
intentionally
created
a
position
for
Miss
Lynch,
structured
it
for
reporting
purposes
in
a
way
that
sheltered
her
from
the
requirements
of
productivity
and
then
hired
her,
a
woman
with
whom
you
had
a
prolonged
personal
relationship,
specifically
you've
provided
Ms
Lynch
with
a
six-figure
salary
at
your
direction
and
contract.
Contrary
to
the
way
the
position
was
originally
structured,
she
was
made
to
report
directly
to
you.
A
It
is
council's
understanding
that
staff
ultimately
determined
that
this
position
should
have
been
overseen
by
the
human
resources
department
after
a
falling
out
with
Miss
Lynch.
Several
days
after
she
started
work.
You
texted
her
on
Saturday
night,
stating
that
she
was
now
just
an
employee
of
Beaufort
County,
implying
that
the
prior
to
the
falling
out
you
considered
her
to
be
something
more
than
that
something
Superior
to
or
important
than
other
County
Employees.
Someone
who
was
entitled
to
considerations
that
other
County
Employees
were
not
entitled
to
receive.
A
Additionally
and
as
troubling,
we
have
learned
that
when
this
position
was
created,
there
was
not
a
budget
for
it,
and
the
proper
process
for
creating
a
budget
for
new
personnel
and
administration
was
not
properly
followed.
We
have
concluded
that
your
actions
were
a
direct
reflection
of
your
desire
to
provide
comfort
and
security
for
this
individual,
regardless
of
her
qualifications
for
the
position
or
the
value
of
the
taxpayers
would
derive
as
a
result
of
the
her
employment
all
at
the
expense
of
the
county.
Those
are
the
reasons
for
Mr
greenway's
termination.
C
C
Every
action
Mr
Greenway
took
was
within
his
judgment
in
furtherance
of
the
best
interest.
This
county
says
his
backgrounds
until
his
background
until
the
problems
that
we
confront
today
was
without
reproach,
and
this
brief
presentation
I
will
not
make
legal
arguments
about
whether
or
not
Council
had
the
legal
right
to
terminate
Mr
greenway's
contract,
the
way
it
did
or
whether
the
statute
was
followed
to
a
t.
This
does
not
mean
that
Mr
Greenway
does
not
retain
such
arguments,
but
this
hearing
is
neither
the
time
nor
the
place
for
that.
C
Mr
Greenway
has
additionally
provided
you
all
with
a
declaration
that
you
all
have
entered
into
the
record
I
believe
is
instead
of
seven.
That
declaration
is
concise
by
Design
to
protect
his
interests,
while
at
the
same
time
addressing
the
cause
cited
by
you
for
his
termination
and
the
underlying
wrongdoing
attributed
to
him.
C
Mr
Greenway
was
placed
on
administrative
leave
by
this
Council
on
July
24
2023,
to
allow
for
an
investigation
by
a
third
party
firm,
the
purchasing
and
procurement
issues
spanning
from
2019
to
2023..
The
next
day,
Miss
Lynch
was
separated
from
the
County's
employment
and
made
allegations
against
both
Mr
Greenway
and
the
county.
C
Those
allegations
resulted
in
unflattering
media
coverage
for
both
Mr
Greenway
and
the
county,
then
on
July
28th,
presumably
before
that
third
party
investigation
was
complete,
this
Council
moved
to
terminate
on
August
14
2023.
He
was
given
a
statement
of
the
reasons
first
termination
which
you
chairman,
Hassan,
has
have
written,
read
into
her
record
this
morning.
The
primary
discussion
concerning
Miss
Lynch
is
on
the
final
page
of
that
five
page
statement
of
the
grounds
and
that
discussion
has
to
do
with
the
way
she
was
hired,
regardless
of
the
issues
surrounding
Miss
Lynch.
C
Within
the
this
letter
of
the
grounds.
These
are
not
stated
to
be
the
specific
calls
under
the
contract
for
Mr
Friendly's
termination.
As
I
read
your
memorandum.
Instead,
the
procurement
issues
at
pages,
one
through
three,
concerning
this
contract
for
opioid
public
education,
are
specifically
said
to
amount
to
quote
failure
to
comply
with
the
lawful
directives
of
discounts.
C
Those
lawful
directives
refer
to
are
said
to
be
various
procurement
ordinances
for
the
county.
I
will
focus
on
these
sighted
issues.
Since
this
is
the
specific
contractual
cause
stated
in
your
memorandum,
there
are
several
indisputable
realities
when
we
discuss
procurement
that
should
be
mutually
acknowledged
between
both
Mr
Greenway
and
the
council.
C
You
asked
him
to
serve
first
as
acting
interim
and
then
full
time.
He
did
not
claim
to
have
knowledge
of
procurement
and
finance.
Quite
the
opposite.
He
specifically
told
you
he
did
not
have
knowledge
in
those
areas.
He
did
a
good
job
by
all
accounts.
Until
these
issues,
including
your
own
accounts
in
his
evaluation,
the
council
stated
that
he
was
quote
an
outstanding
leader
who
has
changed
the
way
employees
are
perceived
by
the
public.
C
The
evaluation
continues
quote:
there
is
nothing
to
add
what
we
can
do
better.
The
county
is
moving
in
the
right
direction,
stay
the
course
under
Eric's
leadership.
The
county
has
steadily
improved
in
an
opinion
editorial
on
November
17,
November,
2022,
Council,
chairman
passament,
genuinely
in
good
faith,
wrote
an
article.
Titled
stability
brings
higher
expectations
in
Beaufort
County,
chairman
passament,
you
wrote,
County
Administrator,
Eric
Greenway
will
continue
to
guide
our
staff.
After
a
few
years
of
instability,
the
County
Council
has
found
the
right
person
for
the
job.
C
C
Mr
greenway's
work
was
not
only
justifiably
praised
by
you
all,
but
also
by
the
public
at
large,
for
making
a
discernible
impact
in
bettering
the
lives
of
working-class
citizens.
In
this
County,
as
described
by
the
January
26
2023
posting
Courier,
article
titled,
Beaufort
and
Jasper
counties.
Municipalities
get
serious
about
affordable
housing.
That
article
was
about
Eric's
work
to
spearhead
the
creation
of
a
3.4
million
dollar
trust
fund
to
increase
the
supply
of
affordable
housing
in
this
region.
C
Now,
I
do
not
pretend
that
Mr
Greenway
is
perfect
or
that
he
has
not
made
mistakes,
but
I
do
suggest
that,
on
balance
he
met
the
expectations
of
his
job
and
I
respectfully
contend
that
the
decision
to
terminate
Mr
Greenway
was
Hasty
and
reactive
and
that
it
ought
to
be
reconsidered
and
reversed
on
issues
of
procurement
and
hiring
Mr
Greenway
appropriately
relied
on
Experts
hired
to
support
him
in
these
roles.
This
includes
the
deputy
County
Administrator,
a
CPA
recruited,
specifically
because
Mr
Greenway
acknowledged
he
had
a
blind
spot
in
Public
Finance.
B
C
Early
on
in
the
memorandum,
you
cite
the
approval
for
35
543.75
in
bills
for
Professional
Services
to
that
count
to
that
company.
Mr
Greenway
had
legitimate
concerns
that
the
county
should
use
its
opioid
settlement
money
aggressively
to
address
the
actual
victims
of
opioid
Addiction
in
creative
ways,
rightly
or
wrongly.
He
was
well
intended
in
wanting
to
bring
a
fresh
perspective
to
bear
in
that
fight.
C
C
A
lawful
directive
accounts
that
would
not
be
in
his
nature,
and
you
all
know
that
Mr
Greenway
is
imperfect
as
we
all
are
on
balance,
though
he
has
devoted
his
hard
work
and
loyalty
to
this
County.
The
public
servant,
who
was
passionate
about
zoning
development
and
making
things
better
for
Beaufort
County.
C
C
A
You
is
there
any
other
item
you
wish
to
present
at
this
time.
No.
A
Or
the
language
you're
looking
for
I
would
ask
a
member
of
council
to
move
into
second
to
affirm
council's
decision
of
July
28
2023
to
terminate
Mr
Greenway
with
cause
for
the
reasons
that
set
forth
in
our
letter
of
August
14
2023.
I'll
make
that
motion
I'll.
Second,
that
chairman
Ms
tabernac
made
the
motion.
Mr
Bartholomew
made
the
second
duly
motioned
and
second,
is
there
any
discussion
seeing
none
will
the
clerk?
Please
call
the
roll.