On Monday, July 17, at a called meeting of the Dillon County Council, the council voted 5-2 to move forward with a petition for a writ of mandamus based on a letter that they had received. Motion was made by Councilman Robbie Coward and seconded by Councilman Harold Moody. The vote was 5-2 in favor of the motion with Coward, Moody, Chairman Archie Scott, Councilman James “Hoghead Campbell, and Councilman Jack Scott voting for the motion, and Vice-Chairman Stevie Grice and Councilman T.F. “Buzzy” Finklea, Jr., voting against the motion.
A motion to pass a continuing resolution on the 2016-2017 budget failed 4-3. The motion to pass the continuing resolution was made by Finklea and seconded by Grice. Finklea, Grice, and Moody voted for the motion. Coward, A. Scott, Campbell, and J. Scott voted against the motion.
On Tuesday, July 18, a petition for a writ of mandamus and motion for a temporacy injunction was filed at the Dillon County Clerk of Court’s Office.
It states the following:
STATE OF SOUTH CAROLINA COUNTY OF DILLON IN THE COURT OF COMMON PLEAS IN THE FOURTH JUDICIAL CIRCUIT, C/A No.: 2017-CP-17-0351
Jamie Calhoun Estes, as Treasurer of Dillon County,
Plaintiff,
vs.
Rodney Berry as Administrator of Dillon County and In His Capacity as Chief Officer of the Dillon County Government; Dillon County Board of Education; and Northeastern Technical College,
Defendants.
PETITION FOR WRIT OF MANDAMUS AND MOTION FOR TEMPORARY INJUNCTION
Defendant Rodney Berry, as Administrator of Dillon County and In His Capacity as Chief Officer of the Dillon County Government, (hereinafter “Berry”), hereby moves this Court for an Order pursuant to Rule 65, SCRCP, granting Berry’s Petition for Writ of Mandamus against the Plaintiff Jamie Estes, Treasurer of Dillon County, (hereinafter “Plaintiff”), mandating Plaintiff to fulfill her statutorily required duties and disburse funds as directed by the Dillon County Council in its budget for 2017-2018. Additionally, Berry moves for an order granting a temporary injunction prohibiting Plaintiff from causing harm to Dillon County as threatened in her attorney’s letter of July 11, 2017, as explained below.
On July 11, 2017, Plaintiff’s attorney sent a letter to Berry stating “the Plaintiff will not disburse any funds pursuant to the budget after Friday, July 14, 2017.” Attached as Exhibit A. If Plaintiff follows through on this threat, her refusal to perform her obligations as treasurer not only will cause harm to Berry, but also to the citizens of Dillon County who rely on the county government to provide necessary services and perform its daily functions. In support of this Petition, Berry relies on the pleadings, affidavits filed in support of this Petition, any legal memorandum to be submitted in support herewith, and the law of the State of South Carolina.
SOWELL GRAY
ROBINSON STEPP &
LAFFITTE, L.L.C.
By: Robert E. Tyson, Jr.
William H. Jordan
Columbia, South Carolina
Attorneys for
Defendant Rodney Berry
The attorney’s letter mentioned at the council meeting and in this petition was attached as Exhibit A. It reads as follows:
EXHIBIT A
July 11, 2017
Mr. Alan Berry
Dillon County Attorney
Dear Alan:
As you are aware we filed litigation yesterday concerning three issues. First is the LOST funds which have been paid to the Dillon County Board of Education for the last 20 or so years. The second issue involves the County’s funding for Northeastern Technical College. It appears that the funding should be 2 mills based on information available. The last issue regards the 2017-2018 Dillon County budget.
Regarding the budget issue, we do not feel that the budget is valid for the reasons set forth in the Complaint. With this in mind the Dillon County Treasurer will not disburse any funds pursuant to the budget after Friday, July 14, 2017, until these issues are resolved.
It is not our intention to cause chaos with the finances of Dillon County and hopefully these issues can be resolved fairly soon. Until the issues are resolved we believe the County has several options which will be satisfactory with the Dillon County Treasurer, which are as follows:
1. Dillon County can immediately pass a Continuing Resolution authorizing funds to be expended.
2. Dillon County can immediately have First Reading on a new budget and can properly pass a budget within (30) days. The Continuing Resolution will protect the Treasurer until the new budget is passed.
3. Dillon County can immediately file a Petition for Mandamus against the Dillon County Treasurer.
Regarding the Petition for Mandamus, we will consent to an early hearing of this matter. If the Court orders the Treasurer to pay out funds pursuant to the budget we will comply with the Court Order, which will relieve the Treasurer from any liability for wrongfully spending County funds under a budget the was not properly passed.
Please let me know if any of the above will be accepted by Dillon County.
Yours truly,
Charles E. Curry
Plaintiff Jamie Calhoun Estes is being represented by Charles E. Curry, Esq., Curry & Byrd Law Firm, P.A., of Dillon.
Attorneys for Defendant Rodney Berry are Robert E. Tyson, Jr. and William H. Jordan, Sowell Gray Robinson Stepp & Laffitte, LLC, of Columbia. Attorney for the Defendant Dillon County Board of Education is Bruce E. Davis, Esq. of Greenville.