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.
No comments:
Post a Comment