A Senate subcommittee report on Santee Cooper
released last week may well be bipartisan, as was noted in our account,
but it is by no means unbiased. The five-member subcommittee contained
several of the highest profile opponents of Gov. Mark Sanford's attempts
to reform that agency. In fact, they were major players in changing state
law this past session to substantially weaken the governor's control of
the membership. Bottom line: They don't want board members who agree with
the governor on phasing out charitable contributions or requiring Santee
Cooper to make a greater contribution to the state coffers.
That said, we don't like the fact that the subcommittee found numerous
violations of the state's Freedom of Information Law -- some of which are
denied. We do like the fact that after hearing of some of the board's FOI
lapses, the governor directed that state board members under his control
be given educational sessions in the state law.
While FOI violations are much discussed they aren't at the heart of the
subcommittee's findings that one of the sitting board members and one up
for reappointment aren't qualified. Lawmakers have turned a blind eye to
too many widely publicized FOI violations by state agencies to make that a
credible bottom line.
The subcommittee report, approved by four of the five members, does
make some highly charged allegations about the actions of one sitting
member, Richard H. Coen of Mount Pleasant, and he has returned the fire.
The governor has yet to comment on the specifics of the charges against
Mr. Coen, although his office says the report is just a rehash of the
subcommittee hearings he previously described as a kangaroo court.
It is the report's comments in finding acting chairman G. Dial DuBose
of Pickens "unqualified" that is the most telling. It should be noted that
Sen. Larry Martin of Pickens dissented with the majority finding on Mr.
DuBose.
In a clear dig at the governor, the subcommittee states:
"We are concerned about the potential harm created by political or
other outside influence on board actions, particularly when directors take
a position based on ideology or personal reasons rather than judicious
examination of the issues. It appears, for example, that Mr. DuBose did
not consider the best interests of Santee Cooper when the issue of
charitable contributions was debated over a lengthy time period. Mr.
DuBose formulated his decision that Santee Cooper should not make
charitable contributions based on ideological reasons rather than a
contemplative evaluation of Santee Cooper's long-term policy and the
individual requests for contributions."
We'd say Mr. DuBose deserves a medal for taking a courageous stand
against the continued dispensing of millions of dollars in "charitable
contributions" that have long been of questionable legality. Indeed they
have been the subject of lawsuits and a blistering Legislative Audit
Council report. Some of the most blatant abuses were ended some years ago,
including political contributions to lawmakers and contributions to
private groups. Nevertheless, Santee Cooper continued to dole out millions
to various causes despite the fact that such largess has nothing to do
with its mission statement. It was a golf tournament sponsorship that got
the governor's attention. Due to the influence of his appointees, the
board has begun phasing out those contributions.
No matter how some senators try to spin it, the dollars being handed
out are public dollars because Santee Cooper is a public utility. That's
what so many of those who want to maintain the status quo can't seem to
get. Santee Cooper isn't a private corporation. Its board members have an
obligation not only to Santee Cooper but the citizenry as a whole.
Certainly the Senate seems to understand that dual responsibility of a
similar agency, the State Ports Authority, particularly when it comes to
the location of a port facility.
Indeed, state law requires Santee Cooper to make a financial
contribution to the state treasury and the governor rightly is looking for
ways to ensure Santee Cooper is efficiently operated in order to increase
that contribution. The sale of Santee Cooper surplus land was part of that
agenda. But it was his interest in the privatization of Santee Cooper that
raised legislative hackles, particularly when his appointees engineered a
study of that volatile subject.
In Sen. Martin's book that was the major mistake. To pursue converting
Santee Cooper into an investor-owed utility was "a big waste of time and
effort and contrary to established public policy," he tells us. Fair
enough. But the senator also concedes that it would have been a waste of
time for the governor or the board to have first asked the Legislature to
sanction such a study.
Study aside, the privatization of Santee Cooper isn't in the books. The
governor knows that now more than ever before. But some senators want to
do more than put the governor in his place. They want to ensure that the
governor's ideological take on what's best for Santee Cooper and the state
isn't reflected on the board. If they continue to succeed, so much for any
hope of even small reforms.