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AG's Office issues opinion in Florence County Administrator search
Posted: 09.14.2011 at 5:14 PM
Victoria Spechko

In 1998 Victoria was named Assistant News Director/Reporter for the Myrtle Beach bureau and in 1999 became News Director.

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Florence County Council Chair Rusty Smith has applied for the Florence County Administrator's position.  / Courtesy: Florence County
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FLORENCE -- Florence County Council Chairman Rusty Smith is one of 50 people who've applied for the Florence County Administrator position.

It is the county council's responsibility to hire the new administrator.

Several members of the community have already spoken out against Smith getting the job, saying it has the appearance of impropriety, and Treasurer Dean Fowler has said he supports the group's efforts for fair government.

Fowler asked the South Carolina Attorney General's Office what Smith should do to distance himself from the selection process.

Assistant Attorney General Dana E. Hofferber issued the opinion for the state.

Hofferber concluded that "At a minimum, South Carolina law requires that Chairman Smith remove himself from any influence over the process of selecting the new administrator. Moreover, while it does not appear the Ethics Act requires Chairman Smith to resign from his seat on council during his candidacy, section 4-9-100 of the South Carolina code might make Chairman Smith ineligible for appointment at this time. Finally, it is the opinion of this office that it would be contrary to the public policy of this state for a county council to appoint its own member as administrator."

You can read the entire opinion here. 

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