Friday, Jul 07, 2006
Opinion
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Recreation panel must take legal vote to drop lawsuit

MEMBERS OF THE Richland County Recreation Commission had the right idea last week when they voted to end a lawsuit aimed at overturning a law that changes the way its members are chosen.

Unfortunately, they didn’t take the action at a legally called meeting. Five members met without the approval of their chairman, who must call special meetings under the agency’s bylaws. Four commissioners had asked Chairman Jim Davis to call a special meeting last week, but he cited conflicts and scheduled one for next Monday instead. The members met last week any way, without Mr. Davis and vice chairman Stephen King.

As much as we agree this ill-conceived lawsuit should be dropped, it must be done the right way. The commissioners must reconvene in a meeting called by the chairman — preferably the one set for Monday — and take a legal vote to drop the lawsuit as well as to request audits of the agency and its private fund-raising arm, the Richland County Recreation Foundation.

Five commissioners sued last summer to block implementation of a law passed in 2005 changing the way the recreation commissioners are selected. The law finally places the commission under the proper authority. It takes the power to nominate commissioners away from county legislators and gives it to County Council. The council levies taxes to pay for parks and recreation and answers to taxpayers for how those dollars are spent. It only makes sense that it should control the body that spends those funds and oversees facilities.

When a circuit judge ruled against the commissioners, they appealed, and the matter is now before the S.C. Supreme Court.

The commission has tapped into agency funds to pay attorney fees in this case. At a November meeting, its members voted to spend $38,000 for fees.

Since that time, the makeup of the commission has changed. Only two of the five members who filed the lawsuit last summer remain. The legislative delegation and County Council joined together to nominate three new members. Two of the new members replaced two whose terms expired. A third, who joined the board last week, replaces a commissioner who no longer lives in the recreation district.

The recreation commission has been largely dysfunctional ever since the lawsuit was filed. Two members sat out of meetings for months because they disagreed with the action.

At its last regular meeting last month, some members attempted to take a vote to drop the lawsuit, but were thwarted when Mr. King, serving as acting chairman in Mr. Davis’ absence, refused to allow the motion. After a series of motions, that meeting ended with Mr. King walking out of the room. “I’m going home,” he said. “I've got better things to do with my life.”

The people of Richland County should not be subjected to any more such antics on the part of someone charged with a public trust.

It’s time for the commission to accept the new law so it can move forward and fulfill its mission of meeting the county’s recreational needs.

Mr. Davis and Mr. King are the only ones remaining from the group that filed the suit. But they’re no longer in the majority, and should not put up procedural roadblocks to hinder those who would end this legal morass in the best interests of the county and taxpayers.