Pinckney Park News

The Town continues to make progress in purchasing the land that is to be Pinckney Park.   The environmental study came back "clean," which was one more step in the process.   We hope to schedule a closing in mid-February.    The Town is looking for firms to help us with Pinckney Park.   There will be plenty of opportunity for public input.

JIPSD Attorney: Search Process or "Up in the Air?"

The JIPSD agenda for their next meeting on Monday, January 24 at 7:00 PM is on the website.

Included is:

7. Search Process for New Counsel

I believe that there are currently three Commissioners who support a search for a new General Counsel.   I believe there are four who favor keeping Trent Kernodle as General Counsel.   However, that includes his wife, Kay Kernodle, and she must recuse herself from any participation in this matter.

I have heard that Trent Kernodle's supporters plan to show up to the meeting Monday in force.   What will happen?

In my opinion, Trent Kernodle resigned and is no longer the General Counsel for the JIPSD.   Given the JIPSD's commitment to equal opportunity hiring, I believe it is obligated to an open search process.  Since the JIPSD rules give the Commissioners authority to select the General Counsel, the Commissioners should see the resumes and participate in interviews before they vote on the new General Counsel   (The Town has done this twice and both times ended up keeping Bo Wilson as Town Attorney.)

I believe that Trent Kernodle should be able to apply for what is now an open position.   If he does apply for the position, then his wife, Commissioner Kay Kernodle can have no participation in the process of selecting the new General Counsel.    That means no review of applications, no participation in interviews, and no discussions of the matter with other Commissioners.

At the last meeting, Commissioner Kay Kernodle properly recused herself from the vote regarding the removal of her husband as General Counsel.   However, she participated in the discussion, which was an ethical violation.     Really, she should leave the room during any discussions about this matter.

Interestingly, she claimed that the Ethics Commission said that she could not vote on raising her husband's salary.   She mentioned that he does not receive a salary from the JIPSD, so that could never be an issue.

In fact, I think that the Ethics Commission approach to the question only applies if the JIPSD hired a general counsel as a full-time employee.      If, as is the case, the JIPSD General Counsel bills the JIPSD for the time spent on JIPSD business and Trent Kernodle were to become General Counsel again, then Commissioner Kay Kernodle would be obligated to recuse herself from voting on any decision that would require attention from the General Counsel.  Otherwise, her votes would involve an increase the amount the General Counsel bills the JIPSD.

Some of the JIPSD's votes obviously involve the General Counsel.  For example, the Commissioners last year voted to have Trent Kernodle sue Charleston County so that the JIPSD budget would no longer be subject to County Council approval.   If Kay Kernodle was a Commissioner at that time, she would have needed to recuse herself from voting, and further, could not have discussed the matter with other Commissioners at all.  

More troubling is the fact that any vote by the Commissioners might lead to legal action against the JIPSD.   Any such legal action would result in more billable hours for Commissioner Kay Kernodle's spouse.    In my view, routine actions where the possible need for an attorney is remote should not be considered a conflict of interest.  Unfortunately, there is no clear line, making the determination of whether Commissioner Kernodle should recuse herself complicated and something that would need to be considered with nearly every vote that faces the Commission.

The Ethics Commission seemed to be considering a much larger organization--such as the Charleston County--that hires a full time attorney.   As County Council makes decisions, including actions that clearly involve the time of their attorney, the attorney would make no more money.   The attorney, as full-time employee, would just continue to collect a salary.   If the attorney's spouse were on Council, then as long as the spouse did not vote when the attorney was hired or fired, or when changes in the annual salary were determined, then voting on the use of the attorney's time would not be a problem.   All the attorney's professional time would "belong" to the County.

The Ethics Commission is especially focused on Commissioner Kay Kernodle voting to increase the income of her family by impacting the amount her husband would earn.   I think the problem is more in the other direction.  To what degree would Trent Kernodle's advice to the Commission be colored by concern with the policy views and political fortunes of his spouse?

In 2012, Trent Kernodle applied to be Town Attorney.   I told him that I would not support him as Town Attorney even before his son, Sam Kernodle, was elected to Town Council.   However, after Sam Kernodle was on Council, I was even more opposed to having Trent Kernodle serve as Town Attorney.   My concern was whether his advice would be colored by an interest in the political fortunes of his son.   I thought that would be a conflict of interest, but I don't think that is what would worry the Ethics Commission.

Chairman Hollingsworth said that  the State Ethics Commission wrote that retaining Trent Kernodle as JIPSD Attorney is "not illegal."    In other words, if we can get away with it, then we should do it.   However, I don't think that "not illegal" is the proper standard.   Trent Kernodle has provided legal advice to the JIPSD Commissioners on matters relating to the Town despite having run for Mayor of the Town and lost and further having applied to be Town Attorney and rejected.   Could anyone in that situation be expected to provide balanced and fair legal advice to the JIPSD Commissioners regarding legal issues relating to the Town?   Trent Kernodle told me that if there were some legal conflict between the Town and the JIPSD he would have to recuse himself because of a conflict on interest.   I have been puzzled that he has continued to provide legal advice to the JIPSD Commissioners on Town related matters.

In my opinion, the JIPSD Commissioners should choose as General Counsel someone who can help them with routine and simple matters, and also who has enough distance from James Island politics to  give an objective perspective on any legal issues regarding the Town and the JIPSD.

 If some major legal issue arises that the new General Counsel believes requires Trent Kernodle's special expertise, then he could be retained for that specific task.   If Kay Kernodle was still a Commissioner at that time, then she would have to recuse herself about any decision to retain her husband, and also, about that entire case.   Votes and discussions about whether the JIPSD should settle, go to trial, or appeal would all impact the total legal expense and so her family income.   While this would somewhat reduce her effectiveness as a Commissioner, it is not nearly as problematic as making him General Counsel again.

I understand that this is a decision for the JIPSD Commissioners, but they all work for the voters of the JIPSD District, and that includes every voter in the Town of James Island.

What did the newly-elected Commissioners say in the campaign just a few months ago?

Please let them know what you think:

Chairman Donald Hollingsworth    donaldh53@hotmail.com

Commissioner Inez Brown Crouch  ibcrouch2006@yahoo.com

Commissioner Carter McMillian   cartermac@aol.com

Commissioner Eugene Platt   poet1326@hotmail.com

Commissioner June Waring   waring1040@knology.net

Commissioner Bill Wilder    wild7930@bellsouth.net

(Commissioner Kay Kernodle must recuse herself from this matter unless it is made clear that her husband will not serve as General Counsel.)


 

Post and Courier on Kernodle's Resignation

The Post and Courier published an article today about the dramatic events on January 12.    Here is a link to the online version.

According to Chairman Hollingsworth, it is still "up in the air" regarding Trent Kernodle's resignation as Attorney and it will be discussed at the January 26th  meeting.

Town Council Meeting Report -- January 15

Town Council met on Thursday, January 15.

Scott Cave, who is the consultant reviewing the Town's Emergency Plan, gave an update.   He reported that the Town is approximately halfway finished on preparing the Emergency Plan.   He added that James Island Public Service District staff were participating in the committee meetings.   Chief Seabolt plays the leading role in operations within both the Town and the rest of the James Island Public Service District during any emergency. Thank you James Island Public Service District for working with the Town on this vital project.

Town Council reelected Councilman Leonard Blank to be Mayor Pro-Tem.

Town Council approved a record keeping policy consistent with the South Carolina State Archives.

Town Council voted 4 to 1 to appoint Warren Sloane to the Planning Commission.   Planning Commissioner Ed Lohr has resigned due to health problems.   I had nominated Ed, and nominated Warren Sloane as a replacement.   Councilman Milliken voted against the nomination.

Deputy  Stanley Singer was recognized as Island Sheriff Patrol officer of the quarter.   Thank you Deputy Singer for all of your good work in protecting the citizens of James Island.

Council approved a Memorandum of Agreement with Charleston County, the City of Charleston, CHATS, and the Berkeley-Charleston-Dorchester Council of Governments to establish the Riverland Drive Scenic Byway Committee.  

Council approved a resolution asking the state legislature to give municipalities the authority to regulate the right of way in residential neighborhoods in their jurisdictions.   The reason for this resolution was a request coming out of the James Island Neighborhood Council to allow homeowners to keep people from parking on the grass next to the street in front of their homes.    Municipalities do not currently have authority under South Carolina law to pass ordinances limiting parking in the right of way.

The Town of James Island passed on first reading an ordinance amending the use table for the Office Residential zone.   The changes make the permitted uses more consistent with the Town's Residential zone (RSL), though specifically allowing the sorts of office uses this zone is intended to allow.

Council went into executive session to receive legal advice regarding Regional Transportation Authorities.   After Council returned to regular session, consideration of the resolution regarding Town representation on the CARTA board of directors was postponed until the February meeting.

January 12 JIPSD Meeting Report

The JIPSD Commission met last night, January 12th.   The new Commissioners were sworn in, and I had been invited by Commissioner Inez Brown-Crouch to attend.    She asked me, along with family members and other friends and supporters to stand with her as she took her oath of office.    Commissioner Bill "Cubby" Wilder was also sworn in and asked me and his other supporters to stand with him as he was sworn into office.

On the agenda was the following item:

Status of Mr. Kernodle as the JIPSD’s Attorney.

Chairman Hollingsworth explained the agenda item.   He said that there had been some question about whether or not Kay Kernodle could serve as a JIPSD Commissioner while her husband was JIPSD Attorney.   

He reported that he had contacted the Ethics Commission and was told that it would not be illegal if someone became a Commissioner while that person's spouse had an existing contract with the District.   However, when the contract is up for renewal, the spouse could have nothing to do with the possible renewal of the contract.

Hollingsworth said that a copy of the email had been distributed at the beginning of the meeting to the Commissioners.   (Apparently, the email was from someone who had been associated with the South Carolina Ethics Commission.)   He also said that a letter from the Attorney General's Office, giving an opinion on the matter, was also distributed to the Commissioners at the beginning of the meeting.

Chairman Hollingsworth said that he thought that any concern about this issue would therefore be laid to rest.   He said that there was no reason why Kay Kernodle could not take office as Commissioner even though her husband Trent Kernodle had a contract with the JIPSD to serve as JIPSD Attorney.

Commissioner Brown-Crouch expressed concern that these materials had been  distributed at the meeting rather than being shared with the Commissioners earlier.   She explained that this is a long standing issue, where Commissioners see material at the meeting for the first time.   She explained that she has had no chance to read the material.    (The Attorney General's Opinion is long and complicated.)

Commissioner Carter McMillan agreed with Commissioner Brown-Crouch.   He also said that this is a pattern where materials are given to Commissioners at the last minute.   He held up the letter and asked what the Commissioners were supposed to do with it.   Were they supposed to all take the time to read it now and then when they were done, discuss it?

Hollingsworth explained that he had only recently received a copy of the letter from the Attorney General and so had no time to share it before the meeting.   He said that the emailed response from someone associated with the Ethics Commission only arrived that very day and he only saw it right before the meeting.

McMillan pointed to the date on the Attorney General's Opinion, which was December 22.   He suggested that the letter had arrived in plenty of time for it to be shared with all of the Commissioners before the last minute.

Commissioner Wilder said that he thought that transparency is very important and that Commissioners should receive material in their packet that will be discussed.

Hollingsworth reiterated that he had not received this material until after the agenda was prepared and the packets mailed out.

Newly-elected Commissioner Kay Kernodle explained that letters had been sent out raising the issue of a conflict of interest and that these letters had been forwarded to them.   Therefore, they asked the Ethics Commission for an opinion.   The opinion, she said, was that if Trent Kernodle was an employee and asked for a raise, then she could not vote on providing a raise.   

She also said that when she received the agenda for the meeting last Friday, she knew that this would be discussed by the Commissioners.   Trent, then, sent a copy of the letter from the Attorney General's Office to JIPSD manager Robert Wise, who then forwarded it to Chairman Hollingsworth.  

Trent Kernodle had been in a "back room" during this discussion.   Some Commissioners asked where he was, and he came back out and stood behind his wife, Commissioner Kay Kernodle.   He said that he hadn't been sure whether he would provide the letter from the Attorney General to the Commissioners, but decided to do so recently.   His account was consistent with that of his wife.   While he and his wife had the Attorney General Opinion for some time, they only decided to share it with the Commissioners over the last few days.   Chairman Hollingsworth only became aware of it very recently, and so could not have shared it with the other Commissioners much earlier.

McMillan pointed out that on November 18, Commissioner Platt had emailed all the other Commissioners and Trent Kernodle saying that he wanted this matter on the agenda for the first meeting in January.    The Attorney General's Opinion said that Trent Kernodle's request for an opinion was sent the very next day, November 19.   

McMillan also pointed out something included in the Attorney General's Opinion.   It is a footnote at the bottom of the first page:


  

You note you and/or your firm has represented the special purpose district since 1990 and that the District Manager, not the commissioners, has determined the retention, terms, and compensation of legal counsel.

McMillan said that the JIPSD website states that it is the Commissioners that select the JIPSD Attorney.   He asked if the Attorney General's Opinion was based upon erroneous information provided by Trent Kernodle.

At this time, Trent Kernodle said that Commissioner McMillan is a pain in the butt.  

McMillan said that it was very inappropriate for the JIPSD Attorney to call a Commissioner a "pain in the butt" at a public meeting when all he had done was asked some questions.

McMillan then moved that Trent Kernodle be removed as JIPSD Attorney because he is unwilling to show the elected Commissioners proper respect.   Trent Kernodle, by this time sitting with the public, spoke out saying words to the effect that it was only Commissioner McMillan that he did not respect.

Commissioner Brown-Crouch seconded McMillan's motion "for purposes of discussion."   

All the Commissioners agreed that Trent Kernodle's remarks were rude and inappropriate.   However, Commissioners Waring and Wilder, as well as Chairman Hollingsworth said that Trent Kernodle had been of great service to the JIPSD and the Town.   That the JIPSD still exists and the formation of the Town were due to Trent Kernodle.   If Trent Kernodle is no longer attorney, this could endanger the continued existence of the JIPSD.

Commissioners Brown-Crouch and McMillan continued to argue that it was entirely inappropriate for any staff member, including the JIPSD Attorney, to be rude to a Commissioner at a meeting.

Commissioner Platt said that he would vote against removing Tent Kernodle as Attorney, but he very strongly believed that Trent Kernodle's remarks were inappropriate and that Trent Kernodle should apologize to Commissioner McMillan.

Chairman Hollingsworth and Commissioner Wilder strongly agreed that an apology from Trent Kernodle to Commissioner McMillan was appropriate, though they continued to insist that because of Trent Kernodle's past service and the JIPSD's need for his future counsel, he should not be removed.

Commissioner Wilder called for the vote.    Chairman Hollingsworth didn't asked for a second or ask if there was any further discussion.   Instead, the Chairman called for a roll call vote.  

What was the motion?   To remove Trent Kernodle as JIPSD Attorney.

Commissioner Brown-Crouch  -- pass
Commissioner Kernodle   -- abstain
Commissioner Hollingsworth  -- no
Commissioner McMillan  -- yes.
Commissioner Platt  -- no
Commissioner Waring -- no
Commissioner Wilder -- no

The roll call then returned to Commissioner Brown-Crouch.

She said that she wanted Trent Kernodle to apologize before she voted.   Chairman Hollingsworth said that Commissioner Wilder had called for a vote, and that discussion was over.  

Commissioner Brown-Crouch  -- Abstain.

 Chairman Hollingsworth called a five minute recess.  He asked Trent Kernodle to join him outside.   Commissioner Platt said he was going too.   

Five minutes later, they returned.   Some Commissioner asked if Trent was going to apologize.

Trent Kernodle began by explaining that some years ago, former Commissioner Champaigne was offended by some remark he made.   Kernodle said that there was nothing he could see in his remark about which anyone would find offense.   Even so, he wrote a four page letter of apology to the Commissioner.  

However, this time, he would not apologize to Commissioner McMillan.

Various Commissioners said that they thought Trent Kernodle should apologize to Commissioner McMillan.   Chairman Hollingsworth said that he asked Trent Kernodle to apologize and Kernodle had refused.   Chairman Hollingsworth asked, "What can I do?"    Chairman Hollingsworth apologized to Commissioner McMillan himself.

Commissioner Platt said that since he had voted against removing Trent Kernodle as Attorney, he could ask to reconsider the vote.   Commissioner Brown-Crouch, who had abstained, seconded.  

The Commissioners continued to discuss the matter.   McMillan argued that Trent Kernodle should be removed for making this rude remark to a Commissioner.   Commissioner Brown-Crouch explained that Commissioners are elected by the people and that they should be treated with respect.    Commissioner Waring granted that Trent Kernodle's remarks were inappropriate but that public officials should have thick skins.   Commissioner Wilder said that Trent Kernodle should apologize and should not make rude remarks to Commissioners, but that he had known the Kernodles for many years and Trent Kernodle had done much for the JIPD and the Town.  

Commissioner Kay Kernodle said that Trent Kernodle was making his remarks not as JIPSD Attorney but as a private citizen.    She granted that his remarks were rude, but began to discuss Commissioner McMillan.   The Chairman cut that off.

Trent Kernodle was asked again if he would apologize for calling Commissioner McMillan a pain in the butt, and he refused again.

Commission Platt said that he greatly valued Trent Kernodle's long service.   He questioned whether we can treat anyone as indispensable.   He pointed out that this is similar to misbehaving banks being bailed out because they are "too big to fail."  

At this point, Trent Kernodle said that he was resigning as JIPSD Attorney.   

While he was speaking, Commissioner Kay Kernodle said that she was resigning instead.   Trent Kernodle headed out the door.   Commissioner Kay Kernodle ripped the paper she had signed regarding her oath of office.   She said that you will receive a letter of resignation tomorrow.  She left the room.

Afterwards, the Commissioners discussed how former Commissioner Kay Kernodle will be replaced.  Will there be a new election?   Chairman Hollingsworth said that the Charleston County Legislative Delegation will appoint someone to fill the remainder of her term.

 

Town Council Meeting on January 15

The Town of James Island Council is meeting on January 15 at Town Hall.   The agenda and meeting packet are here.

Change in Zoning Regulation

The Town is proposing to change the uses permitted in "Office Residential" to make them more consistent with uses allowed our residential zone.    The purpose of Office Residential is to allow some limited office uses on busy roads while protecting the homeowners behind the property.     Various types of professional offices either in a former residence or designed to look like a residence are the ideal type of use for "Office Residential."   The Folly Road Overlay District made most of the parcels in the Town on the east side of Folly between Prescott and Fort Johnson "Office Residential."   

I think this is a reasonable change.   If those owning property in this area want a more intensive use, that might injure their neighbors behind them, then should apply for a rezoning to neighborhood or community commercial.

Public Hearing on January 15th on Zoning Regulation

The James Island Town Council will hold a Public Hearing on proposed changes to the Town of James Island Zoning and Land Development Regulations Ordinance, specifically Table 6.1-1 Use Table. The amendment changes use types for OR to mirror existing use types of RSL. The amendment also disallows "Restaurant, General" in the OR Zoning District.

The Public Hearing will be held on Thursday, January 15, 2015 at 7:00 p.m. at Town Hall, 1238-B Camp Road, James Island, SC (843) 795-4141. Copies of the proposed changes are available to the public to review Monday - Friday during normal business hours.