Tag: Alan Clemmons

Politicians for Sale?

Attempting to keep political decisions free from outside influence has been a problem virtually since the beginning of the American Republic.
During a recent county council meeting, a woman told council members she was involved in a group that was studying campaign donors and votes on projects the donors were involved with in order to see if any council members were apparently giving preferential treatment to their donors.
But the question of influence is not restricted to campaign donations.
SC Code 8-13-700 states:
(A) No public official, public member, or public employee may knowingly use his official office, membership, or employment to obtain an economic interest for himself, a family member, an individual with whom he is associated, or a business with which he is associated.
(B) No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a family member, an individual with whom he is associated, or a business with which he is associated has an economic interest.
A politician who is a principal in a political consulting business that accepts consulting fees from a candidate then endorses or arranges endorsements from other politicians can appear to be using their official office to help the election of a candidate from whom they are accepting fees.
This is the case of Crescent Communications, in which Russell Fry, Heather Crawford and Cam Crawford all participate as campaign consultants. In both 2016 and 2018, Crescent Communications ran the campaigns of local politicians who were later endorsed by one or more of the Crescent Communications crew. Two attorneys I spoke with believe this violates SC Code section 8-13-700 stated above.
Now Fry is running for Congress. Instead of using his associates in Crescent Communications, he has hired Ivory Tusk Consulting, in which fellow SC House member R. J. May is associated. It will be interesting to see what endorsements, if any, Fry obtains in this race and from whom they come.
Influence can be more subtle than money.
As a member of the SC House, Alan Clemmons not only endorsed, but also heavily campaigned for the election of Stephen Goldfinch as senator, the election of Case Brittain as a representative and the reelection of Sen. Luke Rankin.
Clemmons hired Heather Crawford before she was elected to the SC House to do consulting and constituent services for him. Clemmons’ campaign account filings show he paid Crawford $150,000 over the course of five years for these services but failed to replace her when Crawford was elected to be a representative.

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JMSC Responds but Does Not Answer Questions About Horry County Master in Equity Vacancy

Last week GSD published an article about discrepancies in several Judicial Merit Selection Commission (JMSC) press releases regarding an upcoming vacancy in the position of Horry County Master in Equity.
The story posed questions about the varying timeline of the time of the vacancy included in those releases.
After the story was published, David Hucks, editor of MyrtleBeachSC.com, sent an email to JMSC staff attorney Erin Crawford and commission members Sen. Luke Rankin and Rep. Todd Rutherford with a link to the GSD story requesting clarification of why the differing timeline was issued by the JMSC.
On Monday, Crawford sent an email response to Hucks. Both emails were shared with GSD.
Explaining why a media release was sent on 6/22/20 advertising for applications to JMSC for the Horry County Master in Equity position but the position was deleted from an amended press release four days, Crawford said, “JMSC issued a media release on June 20, 2020 announcing screening for Horry County Master in Equity (Judge Howe’s seat) and the successor to serve a new term to expire December 31, 2027. Since the new term would not begin until January 1, 2022, a subsequent media release was issued, deleting the seat from the 2020 screening.”
However, both the original media release and the amended media release listed Greenville County Master in Equity Charles B. Simmons, Jr., term ending December 31, 2021, as a position requesting applications for screening. No explanation as to why the Greenville County Master in Equity vacancy would be treated differently by the JMSC than the Horry County Master in Equity position.
According to the appointment message sent to the S. C. Senate by Gov. Nikki Haley on March 5, 2015, Howe was appointed to a six-year term beginning July 31, 2015 and ending July 31, 2021 so the Howe vacancy should have remained open for applications.
Crawford said in her email that the JMSC discovered the error in the date ending Judge Howe’s current term in Spring 2021.
Crawford went on to say in her email, “The media release issued on June 21, 2021, listed the Horry Co. MIE term as expiring June 30, 2027, when most judges end their term, instead of July 31, 2027. Masters in Equity terms are determined by implementation in their individual counties, not the schedule of most statewide judges. Pursuant to SC Code Section 14-11-20, Masters In Equity are appointed by the Governor (with the advice and consent of GA) for a term of 6 years and until their successors are appointed and qualify.”
Crawford failed to address why Judge Howe’s term was discovered by JMSC to end July 31, 2021, but was listed in a June 2021 JMSC media release as ending July 31, 2027. As Crawford stated, Master in Equity judges are appointed for six years and until their successors are appointed. How did Howe’s appointment in office get extended by six years? No Explanation!

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State Records Increase Suspicions About Clemmons Resignation and Judgeship Application

Earlier this week Grand Strand Daily published a story detailing questions about Alan Clemmons and his resignation from the SC House and subsequent application for Horry County Master in Equity appointment.
New information extracted from state government archives increase suspicions about the truth behind the Clemmons resignation subsequent application.
Clemmons won the Republican Primary for House District 107 on June 9, 2020 for nomination to what would have been his 10th consecutive term as a representative.
However, just one month later, at least as early as July 12, 2020, it became public knowledge that Clemmons was seriously considering resigning from his House seat immediately. Five days later, Clemmons notified House Speaker Jay Lucas of his resignation from office and sent an affidavit to the SC Election Commission, withdrawing from the nomination, stating he needed to spend more time with his family and his law firm had recently acquired new clients who would demand considerable time and work.
Clemmons had to swear to the Election Commission his resignation and withdrawal was for “non-political reasons” in order for the state Republican Party to schedule a special primary election to choose a new nominee.
According to the SC Senate Journal of March 5, 2015, Gov. Nikki Haley transmitted to the Senate the reappointment of Cynthia Ward Howe to a new six-year term as Horry County Master in Equity “with the term to commence July 31, 2015, and to expire July 31, 2021.”
On June 22, 2020, the Judicial Merit Selection Commission (JMSC) issued a media release announcing the commission was accepting applications for the Judicial offices listed in the release. Included in that release was the following, “A vacancy will exist in the office currently held by the Honorable Cynthia Graham Howe, Master in Equity, Horry County. The successor will serve a new term of that office, which will expire December 31, 2027.”
(Master in Equity judges are appointed to six-year terms. There was no explanation why a five-month gap existed between the end of Howe’s term and the apparent beginning of a new six-year term on December 31, 2021 to end December 31, 2027.)
Four days later, on June 26, 2020, the JMSC issued a “Media Release Amended” in which the only change was removal of the advertisement for applications for the Horry County Master in Equity position. The chairman of the JMSC for 2020 was Horry County Sen. Luke Rankin.

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Questions for Clemmons Judicial Screening – The Public Has a Right to Know

If we have learned anything about the political arena since 2016, it is that American voters are sick and tired of the back room, secret deals that serve the self-interests of politicians, often at the expense of the public, and the accompanying political spin used to justify them.
Next month, Alan Clemmons will appear before the Judicial Merit Selection Commission (JMSC) to begin the official process in his hope for appointment as the new Master in Equity Judge for Horry County.
Last year, five weeks after winning the Republican Primary for nomination on the general election ballot for what would have been his tenth term as the representative for House District 107, Clemmons resigned his seat as a representative.
By waiting to resign until after winning the primary, Clemmons was required to submit a sworn affidavit to the S. C. Election Commission explaining he was resigning for “non-political reasons” in order for a new Republican candidate to be determined by a special primary election. The cost of the special primary election was approximately 40,000 taxpayer dollars.
Clemmons’ affidavit cited spending more time with his family and new clients for his law firm who would “require a large investment of my time and focus.”
But, was there another reason? According to state law, the burden of proof for justifying “non-political reasons” lies solely with the resigning candidate.
Horry County Master in Equity Cynthia Graham Howe announced around the time of the June 2020 primary that she would retire in July 2021 at the end of her current term in office. State law requires state lawmakers to be out of office for at least one year before they are eligible to be appointed to a judgeship.
If Clemmons is certified as being qualified for the Master in Equity job by the JMSC, the next step in the process is for the Horry County legislative delegation to vote to recommend a candidate for the job to Gov. Henry McMaster.
After a background check, the governor then decides whether or not to submit nomination of the candidate to the full General Assembly for approval. The entire judicial selection process has been criticized by various organizations in the state as giving an unfair advantage to former state legislators.
According to sources, each legislative delegation member has a weighted percentage vote based on voters in the county represented and time in office. A candidate needs to secure over 50% of those percentage votes to be recommended. The highest individual weighted percentage sits with Sen. Luke Rankin.

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Clemmons Application for Master in Equity – Déjà vu

(pictured above Alan Clemmons and Heather Crawford)

Recently local media and TheNerve.org ran stories that former state representative Alan Clemmons is seeking appointment to the Horry County Master in Equity judgeship.
The Nerve postured a question whether Clemmons’ resignation from his House seat one year ago and his application for the Master in Equity position was a coincidence. When contacted by The Nerve for comment, Clemmons is quoted in its story, “I really have no comments on my application for Master in Equity for Horry County.”
Clemmons resignation from the House came just after current Master in Equity Cynthia Graham Howe announced she would not seek another six-year term after finishing her current term in July 2021. State law requires a member of the General Assembly to be out of office for one year before they can be appointed as a judge or act as a lobbyist.
This seems to be a case of ‘déjà vu all over again’, as Yogi Berra would say.
One year ago, in a story about the special election to replace Clemmons on the November general election ballot, I wrote:
“Only two months ago, Alan Clemmons won the regular Republican primary for nomination to what would have been his tenth term as representative for District 107.
“Five weeks later, Clemmons resigned from the House and sent an affidavit to the SC Election Commission citing the necessity of concentrating on his family and law practice as reasons for removing himself as the Republican candidate.
“It is important to note here that Clemmons affirmed to the election commission, under penalty of perjury, that his dropping out as the nominated candidate was for “non-political reasons”, a requirement for the party to conduct a special election to nominate a replacement candidate for the general election.
“Nowhere in Clemmons’ statement did it mention the widely circulated story that Clemmons expects to be selected as the Master in Equity judge for Horry County when the position becomes vacant next July. South Carolina law requires a member of the General Assembly to be out of office for a minimum of one year before they can become a judge or a lobbyist. The Master in Equity position currently pays approximately $180,000 per year. State funded pensions are based on a person’s highest three years of salary.

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Rice, Fry and Crawford’s Interstate 73 on Life Support

Since the City of Myrtle Beach killed a funding source for Interstate 73 with the hospitality fee lawsuit against Horry County, the cabal that stands to benefit from construction of the road has been attempting to keep the project alive.
In the last two years of his tenure as county chairman, Mark Lazarus led council to remove the sunset provision in the county’s hospitality fee ordinance. Then, Lazarus convinced council to approve a financial participation agreement with the S. C. Department of Transportation to provide dedicated funding for the interstate project.
Lazarus’ entire scheme to provide county funding for construction of I-73 blew up with the hospitality fee lawsuit and recent settlement.
Congressman Tom Rice, and state Reps. Heather Crawford and Russell Fry and former Rep. Alan Clemmons didn’t even get as far as Lazarus in securing funding for construction of Interstate 73 despite constantly proclaiming the project a major priority.
The most successful representative in obtaining funds for I-73 was former SC 1st Congressional District Rep. Henry Brown in the days when Horry County was part of that district. During his 10 years in Washington, Brown managed to secure approximately $83 million total for the road. Brown served in Congress from Jan. 2001 to Jan. 2011.
According to sources familiar with the project, SCDOT is currently spending the last of the Brown secured funding to purchase rights of way in the Mullins area.
Rice has demonstrated no ability to secure federal funding to move the I-73 project forward. Neither have Fry, Crawford and previously Clemmons at the state level.
Grand Strand Daily has learned that a recent private meeting was held after Gov. Henry McMaster made an address to the Myrtle Beach Area Chamber of Commerce. The meeting included McMaster, Myrtle Beach Mayor Brenda Bethune, North Myrtle Beach Mayor Marilyn Hatley and Horry County Council member Dennis DiSabato. The meeting reportedly discussed providing some state funding, with local matching funds, to keep the project alive.
It is interesting that McMaster chose to meet with Bethune and Hatley, the two mayors who played the largest part in eliminating I-73 funding from hospitality fee revenue, as well as DiSabato who will struggle to get seven votes among council members for the proposal. One wonders, where was Horry County Council member Johnny Vaught when this meeting occurred. Vaught was attached at the hip to Lazarus with attempting to provide dedicated annual funding for I-73 from hospitality fee revenue.
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Old Guard Out at HCGOP

A new day dawned Saturday for the Horry County Republican Party when the ‘Old Guard’, ‘establishment’ or whatever you want to call it was swept out of power at the party’s biennial convention.
The three top offices in the HCGOP were won by relative newcomers to the local party – Roger Slagle-Chairman, Jeremy Halpin-Vice Chairman and Tracy Beanz Diaz-State Executive Committee member (pictured above).
The feeling that change was needed in the local party has been building for a while, but accelerated over the last month. Two years ago, there were approximately 206 voting delegates at the convention. This year that number increased to approximately 370.
The increased surge in participation can be at least partially linked to two events this week at which approximately 400 people attended each time. Both events were hosted by local Republican Patriot activist Chad Caton. Caton has battled with members of the ‘Old Guard’ for the past two years about how the local party was being run.
Wednesday night saw an event in Aynor to introduce Tracy Beanz Diaz to delegates and the general public. The highlight of the night for many of the attendees was a speech given by former President Donald Trump’s first National Security Adviser, retired Lt. Gen. Michael Flynn, in support of his friend Diaz. Horry County Treasurer Angie Jones also spoke in support of Diaz’ candidacy and additionally worked hard at helping to organize the event.
Friday night saw an event in Myrtle Beach where Slagle, Halpin and Diaz all spoke to the crowd about their vision for a new Republican Party in Horry County. The main speaker, however, was Lin Wood, attorney for President Trump and a candidate for the South Carolina Republican Party Chairman post at next month’s state party convention. Wood also mingled with the crowd at the Aynor event talking and taking photos with the attendees.
Change is building in the state. Many people who have become active Republicans in the last five years are disgusted with the ‘good ole boy’ system that has run Republican Party politics in the state since the party became a majority among South Carolina voters.
State party Chairman Drew McKissick is running for reelection to his post. However, if Horry County and other recent county conventions are any indicator, Lin Wood could well oust McKissick from office.
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Myrtle Beach Cabal v. McBride in District 107 Primary Voting Today

Voters in House District 107 will again go to the polls today to determine who will be the new Republican nominee for the South Carolina House of Representatives seat from that district.

The special primary was made necessary when former representative Alan Clemmons resigned from his House seat five weeks after being nominated for his tenth term in office.

Clemmons had been looking for another government job for the past two years with no luck so he took the default position of raising campaign donations and running for nomination for his tenth term. It has been obvious that he would bolt from that seat when prospects of a much higher paying job was potentially in the offing. When he learned the Master in Equities judge position would be available next July, he resigned from the House to secure the one year lapse, required by state law, from service in the General Assembly to appointment to a judgeship.

There is one way Clemmons can prove me wrong with my above conclusion. I challenge Clemmons  to come out publicly with a statement that his affidavit to the S. C. Election Commission was truthful about resigning his seat in the House and his nomination to another term for non-political reasons, as stated in the affidavit, and that under no circumstances will he seek nor accept the position of Horry County Master in Equity, which would be a political appointment.

As soon as he decided to resign, Clemmons, in his own words, called his opponent in the June regular primary, Case Brittain, to notify Brittain of his decision and start the process that would make Brittain the choice of the Myrtle Beach cabal in the special primary.

Brittain was reportedly advised by Clemmons and Mark Lazarus to hire the cabal’s go to political consultant Walter Whetsell and his Starboard Communications for the special primary.

The choice tomorrow is between the cabal’s candidate, Brittain, and former Myrtle Beach Mayor Mark McBride.

Clemmons did the bidding of the cabal, securing passage of the enabling legislation for the Tourism Development Fee in 2009 and amending the original legislation to eliminate the ten-year sunset provision so the fee could be continued ad infinitum.

Clemmons was also a major voice pushing I-73 at the state level but was wholly unsuccessful in obtaining any construction grants from the state for the road.

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Brittain has Clemmons, McBride has Answers

In this strangest of all election seasons, the voters of SC House District 107 are going to the polls next week to vote in what may be the strangest of all – a special primary election to nominate a Republican candidate for the November general election.

Case Brittain, the defeated candidate from the June Republican primary for District 107, and former Myrtle Beach Mayor Mark McBride are the candidates on the ballot for the special primary.

Only two months ago, Alan Clemmons won the regular Republican primary for nomination to what would have been his tenth term as representative for District 107.

Five weeks later, Clemmons resigned from the House and sent an affidavit to the SC Election Commission citing the necessity of concentrating on his family and law practice as reasons for removing himself as the Republican candidate.

It is important to note here that Clemmons affirmed to the election commission, under penalty of perjury, that his dropping out as the nominated candidate was for “non-political reasons”, a requirement for the party to conduct a special election to nominate a replacement candidate for the general election.

Nowhere in Clemmons’ statement did it mention the widely circulated story that Clemmons expects to be selected as the Master in Equity judge for Horry County when the position becomes vacant next July. South Carolina law requires a member of the General Assembly to be out of office for a minimum of one year before they can become a judge or a lobbyist. The Master in Equity position currently pays approximately $180,000 per year. State funded pensions are based on a person’s highest three years of salary.

Shortly after resigning from the House, Clemmons received the appointment of the Chairman of the House Ways and Means Committee to serve on the three member South Carolina Board of Economic Advisers, a position that supposedly “specific working knowledge and experience in economics, revenue forecasting, and the state budget process,” according to state law. The position pays $8,000 per year and, more importantly, qualifies for state funded benefits such as health insurance and retirement.

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Clemmons Resigns House Seat Triggering Special Primary Election for House District 107 – Updated

Update

The South Carolina Election Commission accepted Alan Clemmons’ affidavit that he resigned his House seat for non-political reasons. A special primary will be held to replace Clemmons on the November general election ballot.

Filing for the special primary will begin at noon July 28, 2020 and end at noon August 4, 2020. The special primary election will be held on August 18, 2020 in House District 107 voting precincts. There was no Democratic opposition for nomination to this seat in the regular primary elections but Democrats have the option of filing for a special primary election in the same filing period.

Five weeks after winning the Republican Primary nomination for House District 107, Alan Clemmons notified S. C. House Speaker Jay Lucas today he was resigning the seat he has held for nine terms.

In his resignation letter, Clemmons cited demands of his law practice and a desire to concentrate more time with his family as reasons for his resignation. The resignation triggers a special primary election for the House District 107 seat.

Clemmons must now submit an affidavit to the State Election Commission that his resignation is for non-political reasons, such as those stated above. When that affidavit is accepted by the election commission, notice of a special primary election will be given with the applicable dates for that event.

This reporter contacted Sandy Martin, Director of the Horry County Voters Registration and Election Office, for the possible time frame of the special election. According to Martin, if Clemmons’ affidavit is accepted by the state election commission on or before July 25, 2020, the filing period for the special primary election would be August 4 – 11, 2020. However those dates are subject to change based on the timing of the Clemmons affidavit.

Martin confirmed that the Clemmons’ resignation will trigger a special election. She said the notification of the dates for filing will be placed in the Sun News after she receives notification from the election commission that the affidavit has been accepted.

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