Greenville County Council sued over vote on fees
For what could be the first time in more than a decade several members of Greenville County Council have sued the Council, accusing the county's governing body of failing to abide by its own ordinance related to fiscal matters.
A nine-page complaint filed Thursday by three County Council members, one property owner and four members of the S.C. House of Representatives contends that County Council and Greenville County passed two fee hikes by a 7-4 vote in violation of the County's own ordinance that was adopted in 2004.
The 2004 ordinance states that when voting on matters related to fees, taxes or an issue that could harm the County's AAA rating, a majority of nine out of 12 votes are needed for the measure to pass.
Council Chairman Butch Kirven told The Greenville News he was unaware a complaint was forthcoming. Earlier in the day, Kirven sent a letter to all Council members in an attempt to start a "constructive dialogue."
"This situation leaves us under a cloud that must be removed before anything can be done to implement the Ordinance," the memo said. "In fact, implementation of the $10 road user fee has been put on hold temporarily and the telecommunications fee would not be implemented until property tax notices go out late this year. However, agreements for the telecommunications equipment and services are pending and should be executed before too long."
Kirven said it would be unfortunate if the issue was brought before State court, "which likely would become quite complicated and unpredictable."
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The Chairman said it would also not be in Council's best interest to have the Legislative Delegation get involved in Council business.
"We know that Council is closely divided on this matter, so we have to work together constructively in order to find the best way forward without spending time going back over already plowed ground," the memo said.
Nonetheless, a lawsuit was filed by Greenville attorney Robert C. Childs around noon Thursday in Greenville County.
The plaintiffs named in the complaint are County Council members Joe Dill, Willis Meadows and Michael Barnes, in addition to Deirdra R. Dill and Reps. Garry R. Smith, James Mikell "Mike" Burns, Dwight A. Loftis and William M. "Bill" Chumley.
Childs told The News the complaint was not filed based on a recent opinion of the South Carolina Attorney General's Office, which said Council must follow its 2004 ordinance, unless the ordinance is overturned by a court or if it is repealed and a new ordinance put in its place.
"My clients are just interested that the proper procedures are followed," he said. "They are concerned about fees and taxes imposed on citizens."
County Attorney Mark Tollison declined to comment on the suit but said the County will file a response. Tollison did say that the suing of Council by its own Council members was a bit of an "unusual" situation. He said he couldn't recall that occurring during his 13 years as county attorney.
The complaint
Plaintiffs named in the complaint are asking a judge to put a hold on the fee hikes, stating all that eight plaintiffs will be "immediately and irreparably impaired by the enforcement" of the ordinance.
On Feb. 7 two fee increases folded into one vote were introduced for the first of three readings, at which time the plaintiffs contend "no information" was provided "as to the form or contents of the Ordinance," the complaint states.
The item was referred to Council's Finance Committee on Feb. 13 and recommended by a 3-2 vote – again, the complaint states, without the full body of the ordinance included for consideration.
In a third and final reading, Council on March 7 passed two fee hikes – one being a nearly $15 public safety telecommunications fee and the other a $10 increase to the county's road maintenance program – by a 7-4 margin. Councilman Sid Cates was not present.
The $14.95 fee would fund a more uniform telecommunications operating system for 911 dispatch, emergency responders, firefighters, EMS and police officers. The annual fee will be imposed on each parcel of property in Greenville County starting this year.
The $10 road maintenance fee increase, increasing the fee from $15 to $25, would generate $6 million to $10.1 million for resurfacing, widening and improving county roads.
Council hadn't raised fees since 2002.
An attempt to hold the vote until an opinion of the Attorney General was sought died by a 6-6 vote.
Despite the vote's failure, Reps. Dwight A. Loftis and Mike Burns asked for an Attorney General's opinion on the legality of the vote. That opinion came down on March 14 and called for Council to abide by its own ordinance, even though South Carolina statute calls for a majority of seven to 12 votes.
"Even, if the Public Safety Telecommunications and Road Maintenance Fees Ordinance was validly enacted, which is denied, or should the Defendants remedy that enactment, the Plaintiffs are informed and believe that the Ordinance ... violates their equal protection, statutory and other constitutional rights," the lawsuit states.
The complaint lists several reasons why both fees violate the plaintiffs' equal protection, including the application of the telecommunications fees placed solely onto the owners of real property; small unimproved parcels paying the same amount as owners of large improved parcels; the application of the telecommunications fee solely to owners of real estate as there is no rational or reasonable connection between the fee and the service to be provided; the application of the fees that is "unequal and discriminatory;" and the fee classifications are "based upon no reasonable basis," according to the complaint.
The County and County Council have 30 days to respond.
