MARCH 2015 a publication of the municipal association of south carolina Speaker Jay Lucas, South Carolina House of Representatives Legislative leaders shares priorities he 2015 Hometown Legislative Action Day in February Lucas said this local government experience made him realize focused on hot topics in the General Assembly this year. “we’re all in this together. It’s not a city pothole or a state pothole. T Speaker Jay Lucas kicked off the day by welcoming the The person just wants the pothole fixed.” local officials to Columbia. Lucas recounted his municipal Lucas outlined his priorities for the House this year. experience early in his career. “I have been in the trenches with Transparency and transportation were high on his agenda. you when I worked for the City of Bennettsville as its first finance He specifically discussed legislation requiring public bodies director and got to learn the inner workings of city finance. It to have an agenda for all regularly scheduled meetings. This was a pleasurable and enjoyable experience.” Priorities, page 2 > In This Issue Special Section: Courts and Legal Body-worn cameras Increased efficiency by Frequently asked Expand use of Victims at top of agendas closing donut holes questions: municipal judges Assistance funds Page 7 Page 10 Page 12 Page 14 In this ISSUE Local governments mostly win cell tower Supreme Court case ... 3 57 MEO Institute graduates at HLAD ................... 3 Cities and towns offer smooth sailing for businesses ................. 4 Archiving electronic records ....... 5 Five issues that might protect your House panel (l-r) - Speaker Jay Lucas, Rep. Gary Senate panel (l-r) – Senators Marlon Kimpson, agency from a “Ferguson” ......... 6 Simrill and Rep. Chandra Dillard Glenn Reese and Larry Martin. Body-worn cameras at top of agendas ..................... 7 Priorities, from page 1 > legislation also addresses how a public Following the House panel, Senators Perspective: Looking at the body can amend an agenda. Larry Martin, Glenn Reese and Marlon city thru the eyes of small business owners ........................ 8 Lucas said, “We want to be sensitive Kimpson fielded questions about Senate to the fact municipalities and counties priorities for the year. Increase efficiency by closing sometimes have the need to make changes Martin expressed hope that the Dilap- donut holes ............................ 10 to an agenda at the last minute, but we do idated Buildings Act would quickly make Act quickly to reserve villas need to balance those concerns with local its way through the Senate because it got for Annual Meeting ..................11 citizens’ need to know.” a favorable vote last year. He reiterated Regarding transportation, Lucas how the dilapidated buildings that this Special Section: described the ad hoc committee he bill addresses have become public safety Courts and Legal appointed last fall to examine issues issues. “It’s not about taking property related to infrastructure and the state rights or building aesthetics. It’s about Frequently asked questions: Department of Transportation. He said, people who have allowed their property municipal judges..................... 12 “This is the most important issue we are to deteriorate to the point it’s a public Work continues on studying dealing with in South Carolina.” safety nuisance.” expungement process .............. 13 Lucas’ comments on transportation Martin and Senator Brad Hutto are the Expand use of Victims led into a panel discussion that included primary sponsors of the DBA (S375) this Assistance funds ..................... 14 House members sitting on the ad hoc session. transportation committee. Rep. Gary During the Association’s legislative The local impact of Simrill, committee chairman, and Rep. report, Executive Director Miriam Hair Emma’s Law ........................... 15 Chandra Dillard participated in the House outlined the dire consequences of recently panel with the speaker. introduced legislation that would gut Simrill noted the committee’s priority cities’ ability to provide core services President: Mayor Terence Roberts was to look at the state Department of businesses require to be successful. H3490 Anderson Transportation’s structure to make it more would cap business license taxes at $100, efficient. “We need to fix the system first meaning an average reduction of 25 to 50 Executive Director: Miriam Hair and fund it second.” percent in city budgets. [email protected] Regarding the idea of ceding some local Hair said, “I don’t know of a government Managing Editor: Reba Campbell roads back to cities and counties, Dillard, or private business that can make up for [email protected] a former Greenville city councilmember, a 25 to 50 percent cut in revenue without said, “Let’s not lump all local government cutting employees and ultimately cutting the Editor: Mary Brantner together. There is a difference between how products and services they provide.” [email protected] cities and counties work, and there won’t More than 200 officials made the Associate Editor: be a road plan where one size fits all. But trip to State House in the afternoon to Meredith Houck partnerships will be what needs to happen talk with their legislators about H3490. [email protected] to get these roads and bridges repaired.” Many also attended a House Ways and Simrill said, “Let’s give locals more Means subcommittee meeting where Contributing Writers: money to do what they do best and let Association staff was testifying about Eric Budds, Amy Geier Edgar, the state take care of state roads.” But he H3374. This legislation would change Ken Ivey, Scott Slatton and emphasized “if you don’t want the roads, the calculation for distributing Local Tigerron Wells you don’t have to take them.” Government Fund proceeds. 2 uptown: march 2015 Local governments NEWS mostly win cell BRIEFS Columbia Business Monthly tower Supreme magazine named several local government officials in the Midlands as Court case part of its 50 Most Influential People list: Mayor Steve Benjamin of Columbia, Matt he federal Telecommunications Act minutes. The justices held that nothing Kennel, CEO of Center City Partnership requires a state or local government’s in the TCA “imposes any requirement in Columbia, Mayor Steve McDougall Tdecision denying a cell tower construc- that the reasons be given in any particular of Lexington and City Manager Teresa tion permit to be “in writing and supported form.” Because wireless providers have Wilson of Columbia. by substantial evidence contained in a only 30 days after an adverse decision to written record.” seek judicial review, the Court also held Sara Johnson joined the Municipal In T-Mobile South v. City of Roswell, that the council meeting minutes setting Association staff in December as staff the U.S. Supreme Court held 6-3 that local forth the reasons have to be issued more associate for affiliate services. She governments must provide reasons for or less at the same time of the denial. provides support for four of the affiliate why they are denying a cell tower applica- Following this decision, the State and programs offered by the Association—SC tion so that courts can determine whether Local Legal Center advised local govern- Municipal Human Resources Association, the denial was supported by substantial ment officials to not issue any written SC Association of Stormwater Managers, evidence. denial of a wireless siting application The Court rejected, however, T-Mo- until they (1) set forth the reasons for the Municipal Technology Association of bile’s argument that the reasons must denial in that written decision, or (2) make SC and SC Community Development be set forth in a formal written decision available to the wireless provider the final Association. Sara previously worked as denying the application instead of just council meeting minutes or transcript of the executive director of alumnae relations recording it in the council meeting the meeting at which the action was taken. at Columbia College. 57 MEO Institute graduates at HLAD (alphabetical order) Councilmember Moe Baddourah of Columbia, Councilmember Joshua Baughman of Abbeville, Mayor Michael Bishop of Springdale, Councilmember Bobby Bonds of Walterboro, Councilmember Elizabeth Braswell of Simpsonville, Councilmember Judy Bridge of Walterboro, Councilmember Bill Brockington of Westminster, Councilmember James Broderick of Walterboro, of Holly Hill, Councilmember Yates Giles of Union, of Great Falls, Councilmember Kevin Sandifer Councilmember Rockey Burgess of Williamston, Councilmember Taylor A. Graham of Simpsonville, of Bamberg, Councilmember Sherry Santana of Mayor Michael Butler of Orangeburg, Councilmember Councilmember Dottie Hersey of Tega Cay, Mayor Wellford, Councilmember Albert Sauls of Fairfax, Dwayne Cagle of Williston, Councilmember Erick Mark Huguley of Arcadia Lakes, Councilmember Councilmember Norman Scarborough of Clinton, Chapman of Fountain Inn, Councilmember Leroy Terence Jenkins of Summerville, Mayor Jefferson Councilmember Gladys Simmons of Cameron, Chrisley of Ninety Six, Councilmember Richard C. Johnson of Eutawville, Councilmember Lottie Lewis of Mayor Barbara Smith of Pelion, Councilmember Cook of Lake City, Councilmember Victorine L. Cooper Allendale, Councilmember Jil Littlejohn of Greenville, Francis Smith of Luray, Councilmember Patti Ruff of Fairfax, Councilmember Eva Corley of Cayce, Councilmember Teresa Mack of Hartsville, Mayor Smyer of Edisto Beach, Councilmember Jennifer Mayor Blain Crosby of Bamberg, Councilmember