Legislators ignore
clear law with reappointments
SECTION 57-1-320 of the S.C. Code of Laws isn’t likely to be
singled out for praise as a well-written statute. It declares that
“no county within a Department of Transportation district shall have
a resident commission member for more than one consecutive
term.”
But neither is its meaning at all ambiguous — particularly when
you look at the corresponding law for the old Highway Commission,
which mandated not only that the seats be rotated among the
counties, but also that commissioners be nominated by legislators
from the host county.
Yet several legislators — apparently with straight faces — are
claiming that the law allows a Transportation commissioner to serve
two successive terms. And they’re not just claiming it: They’re
acting on their claim, in direct violation of the state law that
some of them were there to help write.
Earlier this year, legislators from the 1st Congressional
District (which doubles as the first Transportation Department
district) appointed House Speaker Bobby Harrell’s father, Robert
Harrell Sr., to a second consecutive term on the board. This
followed by two years the similarly illegal reappointments of Senate
Finance Chairman Hugh Leatherman’s son-in-law, John Hardee, in the
2nd District and Moot Truluck in the 6th District.
Speaker Harrell told The Greenville News he doesn’t “know the law
that well,” but said it was “pretty clear” that a commissioner can
serve “one consecutive term, meaning one after the first one.” As
Sen. Greg Ryberg told The Post and Courier: “Only when it comes to
the South Carolina DOT commissioners does one equal two.... What
part of ‘one’ don’t they understand?”
At least Mr. Harrell pretends he is obeying the law, however
absurd that position may be. Sen. Jake Knotts’ response was to argue
that the law didn’t make any sense: “When you get a good horse, you
ride that horse. This crap about people believing in term limits,
you get a term limit every time you get reappointed. If you aren’t
doing your job, you don’t get reappointed.”
That might make sense — if you were arguing about what the law
should be. But that’s not the question. As the attorney general’s
office has opined at least six times since the Transportation
Department was created in 1993, the law requires a district’s
commissioner to be selected from a different county every four
years.
That’s why legislators have introduced at least three bills since
then to allow commissioners to serve “two consecutive terms” (which
some, no doubt, would then claim meant 12 years). When those bills
failed to pass, legislators in half the state decided to ignore the
law.
That is outrageous. Few things public officials can do are worse
than disobeying the laws they are sworn to uphold — particularly
when they are the ones who write those laws.
The illegal appointments put the majority of legislators from the
1st, 2nd and 6th districts in the company of former Alabama Chief
Justice Roy Moore, who defied a federal court order to remove a Ten
Commandments monument he had installed in the state courthouse, and
San Francisco Mayor Gavin Newsom, who issued “marriage licenses” to
same-sex couples, despite a clear law that prohibited such
unions.
As a judge noted when legislators tried to ignore the
corresponding law that applied to the old Highway Department,
legislators “are in a unique position” to change the law if they
don’t like it. And unless or until they have the votes to do that,
they need to obey
it. |