State Supreme Court Vacates Court Of Appeals Decision Regarding Lawsuit Between Anderson County And Former Administrator
(Seneca, SC)————-The South Carolina Supreme Court has ruled on a ruling by the Court of Appeals involving Anderson County and former Anderson County Administrator Joey Preston and the South Carolina Retirement System.
According to information from the state Supreme Court, Anderson County Council approved a $1.1 million dollar severance package for then-Administrator Preston in late 2008. In January of 2009, a new County Council was sworn in and filed an action in November of that year seeking to invalidate the Severance Agreement. The Circuit Court ruled that in spite of tainted votes that the Severance Agreement was valid.
In the Supreme Court’s ruling, Chief Justice Beatty wrote in the opinion that while the Circuit Court was correct in some of its findings that the Court erred in refusing to invalidate the 2008 Council’s approval of the Severance Agreement based upon the absence of a quorum while also reversing some of the Circuit Court’s other findings.
The Supreme Court ruling has now vacated the decision by the Court of Appeals and based upon the County’s lack of a quorum, the court ruled the Severance Agreement was invalid and remanded the Circuit Court to determine the exact amount that Preston must refund the County. The Court also remanded the Circuit Court to determine the amount the County is entitled to recover from Preston in the form of a civil judgment. `
In its opinion, The Court said that, minus withholdings, that the value of the severance package was over $1.1 million dollars, with the court ruling that over $355,000 in money paid out to the South Carolina Retirement System is not recoverable, nor will the County will be entitled to a refund or reimbursement from the state retirement system for the difference.
However, the County shall recover the total amount the County paid in cash to Preston pursuant to the Severance Agreement, plus the value of a 2006 County vehicle.