2013 President's Report - South Carolina Association of Counties

South Carolina Association of Counties46th Annual Conference • August 4-7, 20132013 President’s ReportPresident Charles T. Edens

SCAC 2012-2013 OfficersPresidentCharles T. EdensSumter CountyCouncilFirst Vice PresidentSecond Vice PresidentJoe BranhamChester CountyCouncil Vice CharimanJames R. FrazierHorry CountyCouncilPast PresidentSecretaryTreasurerJoseph B. DillGreenville CountyCouncilWilliam T. NoonanSumter CountySpecial Projects DirectorBelinda D. CopelandDarlington CountyTreasurer

South CarolinaAssociationof CountiesCharles T. Edens, PresidentSumter CountyMichael B. ConeExecutive DirectorA Letter from the PresidentDear County Officials,The President’s Report is a reflection of the many programs and efforts of the South Carolina Association ofCounties (SCAC) over the past year. As you know, it has been a very active and productive year. This is attributableto each one of you and the role you play in keeping this Association responsive to the ever-changing needs ofcounty government.We hope you will take the time to read through this report to learn more about the Association’s many serviceprograms and how they can assist your county. SCAC is one of the premier county associations in the country. Weare fortunate to have strong leadership in our Board of Directors and a staff that is knowledgeable, capable, andresponsive to your requests for assistance.I encourage each of you to continue to be actively involved in your Association. We face enormous challenges inthe years ahead and we need to be vigilant to protect Home Rule. Specifically, we must work together to fight theprivate, out-of-state waste management companies in their push for the solid waste flow control bill, which wouldnegatively impact all of our counties. We must also communicate the impact to county services and programswhen the Legislature does not meet its obligation of fully funding the Local Government Fund. When we worktogether we can make tremendous progress in reaching our goal of “Building Stronger Counties for Tomorrow.”It has been a privilege and honor to serve with you in county government and to serve as SCAC President thisyear. I greatly appreciate your support during my term. It is a memory I will cherish always.Sincerely,Charles T. EdensSumter County Council2012-2013 SCAC President1919 Thurmond Mall • P.O. Box 8207 • Columbia, S.C. 29202-8207Phone: (803) 252-7255 • Fax: (803) 252-0379 • Email: scac@scac.sc • Website: http://www.sccounties.orgBuilding Stronger Counties for Tomorrow

President’s ReportSouth Carolina aSSoCiation of CountieS46th Annual Conference • August 4–7, 2013Marriott Hotel, Hilton Head IslandPresident Charles T. EdensThis Report to the Membership of the South Carolina Association of CountiesCovers the Period from August 2012 to August 2013General InformationThe South Carolina Association of Counties (SCAC) was chartered on June 22, 1967, and operates as a nonpartisan,nonprofit corporation under the laws of the State of South Carolina. It is the only organization dedicatedto the statewide representation of county government in South Carolina. The Association strives to Build StrongerCounties for Tomorrow by working with member counties in the fields of research, information exchange,educational promotion, and legislative reporting.Membership in SCAC includes all 46 counties, which are represented by elected and appointed county officialsdedicated to improving county government. By virtue of a county’s membership, all of its officials becomeparticipants in the Association. SCAC operates under a Constitution and Bylaws established by the membership.It is governed by a 29-member Board of Directors composed of county officials from across South Carolina,elected by county officials at the Association’s Annual Conference.The Association owns office facilities in Columbia andemploys a 32-member staff. SCAC’s offices are located at 1919Thurmond Mall in the Pavilion Office Park off of RichlandStreet in the Congaree Vista in the City of Columbia, RichlandCounty. The building is used exclusively for service programsoffered by the Association to its members. In addition, thetraining room provides a comfortable environment for SCACtraining programs and webcasts. Numerous state and localgovernment groups also use the building’s facilities for theirmeetings.SCAC’s offices at 1919 Thurmond Mall in the Pavilion Office Park,off of Richland Street in the City of Columbia, Richland County.2

ConferencesSCAC provides many opportunities for county officials to meet and learn, among them:• Mid-Year Conference for County Officials —Held in late winter in Columbia, this conferenceenables all county officials to become betterinformed about the Association’s legislativeprogram. The Association also hosts a receptionfor members of the S.C. General Assembly duringthe conference.• Annual Conference — Held in August, thisconference is open to all elected and appointedofficials. The conference includes educationalprograms, workshops, group meetings, businessand general sessions, and exhibits of vendorproducts and services.• Legislative Conference — Held in December, this conference allows members of the LegislativeCommittee to discuss and adopt a legislative program for the coming year. The committee is composedof each council chair along with the Association’s Board of Directors.Education and TrainingInstitute of Government for County OfficialsSCAC established the Institute of Government for County Officials in 1989, in cooperation with the Institutefor Public Service and Policy Research at the University of South Carolina and the Strom Thurmond Institute ofGovernment and Public Affairs at Clemson University.Over the years, the program has been retooled to provide the knowledge and skills that county officials needin order to be effective leaders. In 2012, the curriculum was enhanced to reflect emerging issues in countygovernment, changes in state law, and comments from participant evaluations. Three new courses were added toaddress employment law, the changing demographics of counties and the county workforce, and best practices formeasuring and reporting organizational performance.Requirements for certification are 27 contact hours for Level I and 18 contact hours for Level II.A minimum of 16 courses are offered each year, through sessions held prior to the Association’s Mid-Year Conference,Annual Conference, and fall meeting of the County Council Coalition. At the end of each class, participants mustcomplete a form to certify that they have attended and completed the course. Total class attendance during thepast year exceeded 500 persons, showing county officials’ commitment to educating themselves about their rolesand responsibilities.Four of the Institute of Government courses are approved by the State Education Planning Advisory Committeefor continuing education credit for local planning and zoning officials and employees (see Training for LocalPlanning/Zoning Officials and Employees).3

Orientation Training for Newly-Elected Council MembersOn December 4, SCAC welcomed to its offices inColumbia 24 of the 36 county council memberswho were elected in November as “first-timers” oncounty council. The purpose was to provide a full dayof orientation training for the newly-elected officialsprior to their taking office in January. This trainingwas designed to provide a thorough insight into theroles and responsibilities of county officials and howthe Association and its programs and services will be avaluable resource for them.Orientation training for newly-elected county councilmembers is held after the November election ineven-numbered years. It is a cooperative effort of theAssociation and the Institute for Public Service andPolicy Research at the University of South Carolina.This training is provided free of charge.The morning training session focused on roles andresponsibilities of county council members includingan overview of council’s job description, a discussion ofthe difference between making policy and carrying outthat policy, and areas in which the council must providepolicy leadership. The characteristics of an effectivecouncil were examined, along with guidelines forcommunicating with constituents and monitoring andevaluating organizational performance. Also includedwas a review of the forms of county government andthe services that counties provide. Emphasis wasplaced on relationships with other county officials andstaff.The afternoon session provided information oncounty risk management and liability. County councilmembers were shown how to navigate SCAC’swebsite to obtain information about any number ofcounty issues, statistics, surveys, and publications.The requirements of the Freedom of Information Actwere reviewed, and time was provided for questionsand anwers. The importance of ethics in governmentwas discussed — including why ethics matters, ethicalprinciples and values, and providing ethical leadership.The afternoon also included a primer on budget basicsand funding sources.By attending orientation, newly-elected councilmembers were enrolled in the Institute of Governmentfor County Officials. Each participant earned sixhours of credit toward the 27 contact hours requiredto receive their certificate from Level I. For thosewho were unable to attend the December training, anopportunity to receive this information was providedat SCAC’s Mid-Year Conference in February.In cooperation with the Institute for Public Service and Policy Research at the University of South Carolina, SCACprovided a full day of orientation for 24 of the 36 newly-elected council members.4

Webcast TrainingFor 17 years, SCAC has provided training to countyofficials and employees via distance educationprograms.In 2012, the Association began to provide webcasttraining programs from its offices in Columbia. Thismethod allows participants to watch the training liveat county training facilities or from their individualcomputers, and to ask questions via e-mail during thewebcast. The SCAC training room also accommodatesemployees from neighboring counties who wish toparticipate as members of the studio audience.Each training session is also made available viastreaming video through SCAC’s website or a loanedDVD, so county officials and employees who areunable to participate in the live webcast can view itlater.SCAC’s webcasts are a valuable tool for providingtraining at NO COST to the counties, and eachsession presents a great opportunity for countypersonnel to receive training on topics that are relevantto their professional responsibilities. The success of thewebcasts can be seen through the number of countiesand employees who participate regularly.SCAC has also strengthened its distance learningcapabilities by providing state-mandated orientationand continuing education training to local governmentplanning and zoning officials and employees (seeTraining for Local Planning/Zoning Officials andEmployees).SCAC’s 2012-13 Webcast Training Programs• On September 20, 2012, Linda P. Edwards of Gignilliat, Savitz & Bettis, LLP presented “Anti-Harassment: The Obvious and Not so Obvious”. This webcast provided an overview of federallaws that address harassment in the workplace; defined illegal harassment; clarified commonmisconceptions; and introduced workplace practices to promote diversity, dignity, and respect.Nearly 800 participants from 37 counties viewed the live presentation.• Edwin C. Thomas of Ed Thomas/Leadership, LLC presented “Tapping into GenerationalDifferences” on March 14. This session helped participants understand generational differences andidentify strategies for building an effective multi-generational workforce. More than 400 employeesfrom 13 counties participated in the live webcast.• SCAC’s May 16 webcast, “Current Planning and Zoning Issues for Urban and RuralCommunities”, provided three hours of continuing education training for planning and zoningofficials and employees. Six instructors highlighted the importance of agriculture in planning; theadvantages of using transferable development rights to preserve agriculture, open space, and housing;and the option of using form-based codes to designate the character and scale of development. Theprogram also included an overview of the Moving Ahead for Progress in the 21st Century Act(MAP-21). More than 350 participants from 26 counties and eight municipalities viewed this livewebcast.• On October 24, SCAC will host the final webcast for 2013. “Managing Your Time and Stressat Work” will help participants learn to manage competing demands and ensure maximumproductivity.5

Training for Local Planning/Zoning Officials and EmployeesOrientation TrainingAct 39 of 2003 requires appointed officials whoserve on a planning commission, board of zoningappeals, or board of architectural review, and planningprofessionals, zoning administrators/officials, or asdeputies/assistants to these positions, to attend at leastsix hours of orientation training.SCAC was the first entity to receive approval fromthe State Planning Education Advisory Committeeto provide this required training to local planningand zoning officials and employees. In 2010, theAssociation updated its orientation training programto reflect changes in state law and comments fromparticipant evaluations. The State Planning EducationAdvisory Committee approved the use of this neworientation program for a five-year period.Part I of the orientation provides an overview ofthe Local Government Comprehensive PlanningEnabling Act, followed by discussions on conductingmeetings, parliamentary procedure, and the Freedomof Information Act. Part II covers the planning andzoning process, legal concepts in planning and zoning,and the S.C. Ethics Act. The programs can be viewedvia streaming video through SCAC’s website or DVDson loan from the Association.Continuing EducationAct 39 of 2003 also requires local planning andzoning officials and employees to complete threehours of continuing education each year, after theinitial orientation program. Once again, SCAC wasthe first entity to receive approval from the StatePlanning Education Advisory Committee to providethis training; and the Association has updated itscontinuing education courses to address current issuesand changes in state law.Three courses, “Advanced Issues in Land UsePlanning and Zoning”, “Public Service Ethics:Understanding the Law and Beyond”, and “CurrentPlanning and Zoning Issues for Urban and RuralCommunities” can be viewed via streaming videothrough SCAC’s website or DVDs on loan from theAssociation.The State Planning Education Advisory Committeehas also approved four Institute of Government coursesfor continuing education credit for local planning andzoning officials and employees. These courses are:• “Economic Development”;• “Planning and Land Use”;• “Ethical Leadership and Public Service”; and• “Managing and Conducting Meetings”.All courses offered are three contact hours, so one coursefulfills the annual continuing education requirementfor local government planning and zoning officialsand employees.Annual Conference WorkshopsTraining is also provided during SCAC’s AnnualConference. Association group meetings provideopportunities for county officials to keep current withchanges for a particular field of county governmentoperations. In addition, county officials attendingthe Annual Conference may participate in up to twoworkshops offered concurrently on Monday, Aug. 5,from 2–3 p.m. and repeated from 3–4 p.m.:• “Current Issues for County Officials: Implicationsof the Solid Waste Flow Control Statute and aNew Day for Issuer Liability”• “Implications of the 2013 Legislative Session forCounties”• “Making Your County More Cybersecure”• “Tools and Considerations for Securing Federaland State Grants”• “Understanding Your State Retirement Plan”6

SCAC Scholarship ProgramsSince the establishment of its scholarship program in1998, the Association has awarded more than $85,000in scholarships to 38 students.This year, SCAC proudlyawarded $2,500 scholarships to five outstanding highschool seniors who plan to attend a South Carolinacollege or university in the fall.SCAC’s Presidential Scholarship is awarded annuallyto a graduating high school senior who resides inthe same county as our current president (Charles T.Edens of Sumter County Council). Shane M. Bishopof Thomas Sumter Academy was awarded the 2013Presidential Scholarship.The Presidential Scholarship Selection Committee waschaired by Richland County Council Vice ChairmanL. Gregory Pearce Jr. Other committee members wereCharleston County Clerk of Court Julie J. Armstrongand Laurens County Council Chairman James A.Coleman.SCAC also awarded four Board of DirectorsScholarships to graduating high school seniorswho are residents of counties chosen by lot by theAssociation. Calhoun, Clarendon, Darlington, andOrangeburg counties were selected for these awards.Catherine H. Moore of Calhoun Academy; V. MarieFout of Manning High School; R. Brock Fletcher ofMayo High School for Math, Science & Technology;and Toni L. Salsgiver of Orangeburg PreparatorySchool were each awarded a Board of DirectorsScholarship.SCAC’s Scholarship Selection Committee for CalhounCounty was chaired by Darlington County TreasurerBelinda D. Copeland. Chester County Council ViceChairman Joe Branham and Sumter County CouncilMember Charles T. Edens were the other committeemembers.Barnwell County Administrator F. Pickens WilliamsJr. chaired the Scholarship Selection Committeefor Clarendon County. Lexington County CouncilChairman William B. Banning Sr. and OrangeburgCounty Council Chairman Johnnie Wright Sr. alsoserved on this committee.The Scholarship Selection Committee for DarlingtonCounty was chaired by Diane B. Anderson of LaurensCounty Council. Other members were William T.Noonan, Sumter County Special Projects Director,and Ronnie Young, Aiken County Council Chairman.Florence County Council Member Waymon Mumfordchaired the Scholarship Selection Committee forOrangeburg County. R. David Brown of FairfieldCounty Council and Claude Thomas of AbbevilleCounty Council also served on this committee.SCAC’s scholarship selection committees met inthe spring to evaluate applicants for these awards.Scholarship applicants must complete an applicationform and submit an essay about their goals andaspirations. They are also required to provide lettersof recommendation, a transcript, and a descriptionof their community involvement. Financial need—asit relates to the receipt of other scholarships—is alsoconsidered by the committees.SCAC presents a plaque to each scholarship recipientduring their school awards ceremony. The Associationalso recognizes the achievements of the scholarshiprecipients by placing their names on commemorativeplaques in the SCAC offices in Columbia andannouncing the awards in the Association’s newsletter,Carolina Counties.7

Research and Technical AssistanceEach year, the Association’s staff responds to hundredsof inquiries from county officials and employeesranging from simple requests for a sample ordinanceto more complex questions requiring considerableresearch. SCAC conducts numerous surveys and hasdeveloped many helpful research publications that areupdated on a regular basis in an effort to keep countyofficials and staff informed. Many of these resourcesare available on SCAC’s Research and TechnicalAssistance web pages at:Surveyswww.sccounties.org/researchA sample of county surveys conducted during thepast year includes topics such as health plans forcounty employees, euthanasia within animal controldepartments, support of legislative delegations, andcost-of-living adjustments for county employees.Once survey responses are finalized, a summary iseither published on SCAC’s website or made availableto counties upon request.This year, SCAC enlisted the assistance of ClemsonUniversity’s Strom Thurmond Institute of Governmentand Public Affairs, Francis Marion University, and theUniversity of South Carolina’s Institute for PublicService and Policy Research to undertake a study todetermine the financial impact certain state mandateshave on county government in South Carolina. Theresults of this comprehensive survey were publishedin a final report: The Fiscal Impact of Selected StateMandates on County Governments. The report wasused by SCAC staff during this year’s legislativesession and will continue to serve as a reference forunfunded mandates information. The publication isavailable online at www.sccounties.org/publications.Property Tax ReportSCAC published 2012 Property Tax Rates by County inJanuary 2013. This report is the most comprehensive,up-to-date listing of county property tax millages.County auditors provided information regarding theircounty’s operating millages, municipal millages, specialpurpose and special tax district millages, special fees,industrial abatements, local option sales tax credits,and the value of one mil.Property Tax Rates by County is the primary sourceof statewide county property taxes and, as such, iswidely used by local and state officials, the legislature,developers, and the general public.Wage and Salary SurveyPreliminary work for the 2014 Wage and Salary Reportis underway. This biennial publication will contain theresults of SCAC’s survey of more than 200 countygovernment positions and will also be available online.In addition to detailed salary data by county andposition, the report will include information on annualand sick leave benefits, holidays, budgets, payrolls, andemployee totals.County ProfilesIndividual county profiles and county tables aremaintained online and continually updated throughoutthe year as new information becomes available. Thisallows online users to access current statistics byselecting individual counties or county tables.In addition to the online resource, a printed publicationis produced biennially. The fifth edition of CountyProfiles, published in June 2012, consists of countystatistical information gathered from a variety of stateand federal sources. Each county is represented witha one-page profile containing a brief county history,recent population trends, economic data, tax data, andcounty financial and employment data. The entirepublication may be accessed online, and hard copiesare available for use as a convenient desktop reference.County ResourcesSCAC’s research web pages provide convenient accessto a variety of county publications and informationcollected from other websites and resources. Amongthe available documents are individual county budgetsand CAFRs, council rules of procedure, personnelpolicies, planning and zoning documents, purchasingordinances and RFPs, and links to county codes ofordinances and online services. SCAC’s research webpages also provide the latest practical data on issuesof particular importance to counties, such as the mostrecent Local Government Fund distributions, millagerate caps, and state salary supplements of countyelected officials.8

Websitecounty officials, links to county government websites,county employment opportunities, and statisticaltables that address frequently-asked questions aboutcounty government.SCAC’s website, www.sccounties.org, is an integralpart of the Association’s communications programand is the primary internet resource for informationabout South Carolina’s counties and issues affectingcounty government. This year the website receiveda refresh, including an updated home page, updatedFriday Reports and Legislative Alerts pages, and animproved job postings page.Visitors can access general information for all 46counties—including the names and addresses ofThe website provides quick links to timely topics andorganizes content for efficient browsing. A numberof features, such as a search feature and A–Z index,make the site easy to navigate. The home pagefeatures a calendar that displays upcoming events andprovides links to further information on meetings andconferences, online registration, agendas, etc.The website facilitates communication betweenSCAC, county officials, and other related individualsand groups. The Association provides immediate,online access to information about our services,legislative initiatives, research, training opportunities,legal assistance, financial programs, and publications.The website also includes links to listserv forums forcounty chief administrative officers, risk managers,and registration/election officials.Publications and Public InformationCounty Focus and Carolina Counties, SCAC’squarterly magazine and newsletter, are recognizedas being among the best in the business. Thesepublications include articles about current legislation,trends, innovations, and other matters that are relevantto county officials.SCAC won “Best in the Business” for CarolinaCounties in the 2013 Best in the Business Competition,sponsored by the S.C. Society of AssociationExecutives.In the 2013 Awards of Excellence Competition,sponsored by the National Association of CountyInformation Officers, SCAC won Best of Classfor writing (top award for all writing categories); aSuperior (First Place) and two Excellence Awardsfor County Focus; an Excellence Award for CarolinaCounties; and a Superior Award for photography.Other SCAC publications include:• Acts that Affect Counties• Alternate Sources of Revenue for Counties• Case Law Affecting Counties• County Profiles• Freedom of Information Handbook• Handbook for County Government in South Carolina• Home Rule Handbook• Legislative Policy Positions• Model Rules of Parliamentary Procedure• Model Practices in South Carolina Counties• NACo/SCAC Leadership Handbook• Property Tax Rates• Revenue Resources• Wage and Salary Survey9

Legislative ProgramThe legislative program is one of the most visiblefacets of the Association’s service package. It allowscounty officials to come together to speak with onevoice and achieve a result greater than that reached byeach of those voices acting independently. The moreparticipants there are in the legislative program, thebetter the results.The Association’s policy positions are developed bycounty officials through its Legislative Committee.Former SCAC First Vice President Wm. WestonJ. Newton (Beaufort County Council) was theLegislative Committee chairman for FY 2012-13.The Legislative Committee is comprised of 75members: each county council chairman or theirdesignee (46) and SCAC’s Board of Directors (29).Additional members with expertise in various policyareas are appointed by SCAC’s President to serve onone of four steering committees:• County Government and IntergovernmentalRelations;• Land Use, Natural Resources andTransportation;• Public Safety, Corrections and Judicial; and• Revenue, Finance and Economic Development.The Legislative Committee begins its work byrequesting input from more than 1,200 county officialsand employees. Those suggestions may be issues thatcrop up on a daily basis in a particular office, issuesthat have come up in the process of developing a newproject, or issues that are brought to SCAC by othergroups or agencies.These suggestions are assigned to the appropriatesteering committees for their review at work sessionsin September and November.The County Council Coalition also provides input tothe steering committees on the draft policy positions.After review and study, the steering committeesdevelop initial policy positions for consideration bySCAC’s Legislative Committee in December.In December 2012, SCAC’s Legislative Committeeadopted numerous policy positions to set the coursefor the 2013 Legislative Program. Those positionswere published in a document entitled Policy Positionsfor the 2013 Session of the South Carolina GeneralAssembly. The policy positions are also available on theSCAC website — www.sccounties.org. Once policypositions are adopted, it is the responsibility of themembership and the SCAC staff to advocate for theirimplementation.The Association provides a number of tools to involvecounty officials in the legislative process. The mostvaluable of these, the Friday Report, is prepared anddistributed every Friday of the legislative session andis also available on the SCAC website. This reportkeeps county officials informed about legislation thataffects their operations. It may be the only place wherebills of interest to county officials are discussed indetail. It also provides a forum to discuss the impact oflegislation upon county functions.SCAC’s staff works throughout the week to prepareinformation for the Friday Report. There are numeroussubcommittee and committee meetings attended eachweek by staff members who monitor and report thesediscussions to county officials.The actions of the House and Senate are also monitoredevery day the General Assembly is in session. Thatincludes the review of each bill or amendmentintroduced in the House or Senate, and requestinginput from county officials to determine its impactupon county government. When legislative action isoccurring too quickly for the Friday Report to delivernews, special Legislative Alerts are faxed or emailed,or individual telephone calls are made.All of these steps are taken to support, amplify, andtarget the voices of county officials, so our participationin the legislative process is timely and effective.The 2013 Session of the S.C. General Assembly wasa difficult, but ultimately successful legislative year.SCAC successfully blocked the passage of the solidwaste flow control bill. This legislation representsattempts by out-of-state waste companies to makeSouth Carolina their dumping ground by cripplinglocal government legislative authority to controlwhere waste is sent. The waste companies will returnnext year, aiming to pass legislation granting them theunfettered ability to bring tons of out-of-state garbageinto our state.The General Assembly funded the LGF at $182.6million, which is $60 million below full statutory10

funding. Unfortunately, many members of the GeneralAssembly appear willing to break their promise tothe property taxpayers of South Carolina and wantto cut this tax relief. After an additional reduction of$20 million in the LGF passed the Senate FinanceCommittee, SCAC won the fight to put the moneyback in the budget on the Senate floor. SCAC alsodefeated legislation granting a tax exemption for bigbusiness which would have reduced vital services andsignificantly increased taxes on our constituents, andstopped an effort to cripple our animal shelters whichprotect the health and safety of our citizens.The success of the legislative program is the result ofthe relentless efforts of SCAC staff and the work ofhundreds of county officials who remained informedand made timely contact with the members of theGeneral Assembly. SCAC’s legislative success is notmerely important to the membership, but represents avictory for all South Carolinians.The 2013 session was the first year of a two-yearlegislative session. All legislation that was successfullyopposed by SCAC will be back up in the sameprocedural position when the General Assemblyreconvenes in January. The following items wereactively opposed by SCAC staff throughout thelegislative session and were not passed by the GeneralAssembly. These are:• House Local Government Funding Ad HocStudy Committee;• Big Waste Attack on Public Services — H. 3290;• Animal Shelter Regulation — H. 3492;• Cyber Security — S. 334 and S. 22; and• Manufacturing Assessment Ratio Changefrom 10.5 Percent to 6 Percent — H. 3265.Legal Assistance ProgramThe Association’s legal staff responds to numerousrequests from county officials through phone calls,letters, and e-mails, seeking guidance and advice onlegal issues affecting county government operations.The staff works through the county attorney andoutside counsel on these issues. The Association’slegal services include providing informal telephoneconsultations, researching and providing pertinentstatutes, case law and attorney general’s opinions,assisting counties involving statewide interest at thetrial and appellate levels, preparing informal advisoryopinions, and appearing as Amicus Curiae (friend ofthe court). This year, SCAC assisted members in twosignificant cases of interest to the counties.In May 2013, the Board of Directors instructed thestaff to join an Amicus Curiae brief in support ofHorry County in the case Sandlands v. Horry Countyand the Horry County Solid Waste Authority. Theplaintiffs appealed the U.S. District Court’s orderupholding the Horry County Flow Control Ordinanceto the Fourth Circuit Court of Appeals. The DistrictCourt issued its order after the S.C. Supreme Courtupheld flow control pursuant to the S.C. SolidWaste Policy and Management Act. SCAC joins theNational Association of Counties, the InternationalMunicipal Lawyers Association, and several state andcounty solid waste authorities in fighting to maintainlocal government management of solid waste. Oralarguments are expected to held by late Fall 2013 beforethe Richmond, Virginia based court.In June 2012, the Board of Directors instructed thestaff to prepare an Amicus Curiae brief in supportof Saluda County before the S.C. Supreme Court. ACourt of Appeals panel in a 2-1 decision reversed acircuit court decision that allowed county councils toamend council agendas during the meeting. The Courtof Appeals held that while the Freedom of InformationAct (FOIA) is silent on the issue, the “spirit” of the lawprohibited such actions once the agenda is provided tothe public. The Supreme Court has not yet acceptedthe case for review.11

Financial Service ProgramsSelf-Funded Insurance ProgramsThe Association sponsors two self-insurance pools,open to member counties and to agencies with countygovernment-related functions. Both the Workers’Compensation and the Property & Liability Trustsare governed by Boards of Trustees appointed bythe SCAC Board of Directors. All trustees arecounty officials – either county council membersor chief administrative officers. The Trusts employindependent auditors and actuaries to ensure thepools are financially strong. The key to the success ofboth programs is the adoption and enforcement ofstrong risk management programs by participatingmember counties.The S.C. Counties Workers’ Compensation TrustThe S.C. Counties Workers’ Compensation Trust(SCCWC Trust) was formed in the fall of 1984 bythe SCAC Board of Directors in response to a crisis inthe commercial insurance market. The Trust currentlyhas 89 members, including 42 of the 46 counties.Claims administration is provided under contractby Ariel TPA, a third party administrator. Generaladministration and risk management are handled inhouseby Association staff.In May 2013, the General Assembly approvedregulations which will mandate mediation in certaincases. The regulations are an attempt to reduce thenumber of litigated cases going to a hearing before theCommissioners.The state continues toward the orderly termination ofthe Second Injury Fund (SIF) on July 1, 2013. The Trustcontinues to receive reimbursements from the SIF forinjuries occurring prior July 1, 2008. The Trust willincur statutory assessments until the final terminationof the Fund. Based on the recommendations of aworking panel of insurance companies, self-insureds(including the SCCWC Trust), and state agencies, theS.C. Budget and Control Board approved a plan to payoff the SIF’s unfunded liabilities through assessmentstotaling $60 million each year for five years.Boards of TrusteesS.C. Counties Workers’ Compensation and Property & Liability TrustsCHAIRMANDavid K. Summers Jr.Calhoun Council ChairmanGonza L. BryantGreenwood CountyCouncil MemberJames A. ColemanLaurens CountyCouncil ChairmanR. Carlisle RoddeyChester CountySupervisorClyde B. LivingstonOrangeburg CountyCouncil MemberWaymon MumfordFlorence CountyCouncil MemberF. Pickens Williams Jr.Barnwell CountyAdministratorSECRETARY/TREAS.Michael B. ConeSCAC Executive Director12

SCAC successfully fought back a legislative attempt topreempt the S.C. Supreme Court’s decision in Bentleyv. Spartanburg County. H. 3147 would have requiredthe counties to pay compensation claims related toworkplace stress, including PTSD (Post TraumaticStress Disorder). This legislation would have greatlyimpacted workers’ compensation costs. SCAC arguedthat workplace stress claims are more effectivelyhandled through health insurance programs.The S.C. Counties Property & Liability TrustThe S.C. Counties Property & Liability Trust wasformed in August 1995, in response to rapidlyrising liability insurance premiums. The Trust has24 members, including 16 counties. Since 1999, theadministration of the Property & Liability Trusthas been handled in-house by SCAC staff. SCACrisk management staff continues to work with Trustmembers to reduce potential tort liability claims,particularly the legal and indemnity costs related totort claims against county detention facilities.In early 2013, the S.C. Supreme Court held thatambulance drivers responding to an emergency call didnot have the same S.C. Tort Claims Act protectionsthat police and fire employees have. When respondingto calls police and fire are immune from lawsuits aslong as they do not act in a gross negligent manner. TheGeneral Assembly, at the urging of SCAC, introducedlegislation to extend this liability protection toambulance drivers. The bill, S. 380, passed the Senateand will be considered by the House next session.OPEB Trust ProgramThe S.C. Counties OPEB Trust allows counties topool their OPEB (Other Post-Employment Benefits)funds and to invest them in instruments yielding thehighest rate of return. The Trust invests only in bondsor other treasury instruments allowable by law. TheGovernmental Accounting Standards Board (GASB)requires state and local governments to computeand publish the amount of their OPEB liabilityas it is earned by the employees. Although the onlyrequirement is to retain an actuary to compute theliability and to include it in the audited financialstatements, it is anticipated that many state andlocal governments will begin to set aside funds forthis purpose. Continuing the current pay-as-you-gosystem will be seen as a failure to pre-fund OPEBliabilities and could eventually degrade a government’sbond ratings. SCAC has an agreement with Gabriel,Roeder, Smith & Company, a nationally-recognizedactuarial firm experienced with OPEB requirements,to assist counties in determining their OPEB liabilities.Setoff Debt/GEARThe Association assists participants in the SetoffDebt Collection Program to collect delinquent debtsthrough the S.C. Department of Revenue (SCDOR)which could otherwise go uncollected. If an individualwho owes a debt is scheduled to receive a state incometax refund, SCDOR reduces the refund by the amountof the debt, which is returned to the participatingcounty entity through the Association. About $66.7million has been returned to county participantsthrough the first half of 2013.The Association is also working with the SCDORto collect debts under the Governmental EnterpriseAccounts Receivable (GEAR) program. UsingGEAR, delinquent debts may be collected throughtax return garnishments and additional methods suchas payment plans and wage garnishments. For the firsthalf of 2013, SCAC has returned about $12 million toGEAR participants.SCAC’s debt collection programs have proven verysuccessful in returning monies for county operationssuch as emergency medical services, court fines andfees, delinquent taxes, hospitals, alcohol and drugtreatment services, business license fees, water andsewer services, and housing services. Since 1992 whenthe Association’s programs began, SCAC has returnedabout $800 million to the county participants. Overthe last five years, the Association’s collections forcounties has grown by $22 million. And, the numberof participating county entities has increased from 166entities in 2009 to 255 entities in 2013.SCAC provides numerous technical services to assistparticipants in these debt collection programs. SCACoffers free software which helps counties managedata for these programs. SCAC sends verificationtotals for all data files and identifies potential dataerrors. SCAC shares current addresses from stateincome tax returns with counties. SCAC sends alldata and reports electronically using stringent securityand privacy controls. And, SCAC offers participantsan option for electronic funds transfer which allowscounties to receive funds more quickly.13

SCAC continues to implement technological andprogram improvements for the Setoff Debt andGEAR programs. SCAC offers free data find servicesfor counties that do not collect the required data forSCDOR. SCAC submits data to the South CarolinaDepartment of Motor Vehicles (SCDMV) to verifydata with the driver’s license database. And, SCACsends data to LexisNexis to help counties findsocial security numbers and names. With these datafind services, more county entities can participate.Counties can submit more accounts. And, data will bemore accurate. The result is more potential revenue forcounties.In 2013, SCAC is working to automate historical datareports which will allow counties to track individualsubmissions and collections across time. SCAC is alsoworking to prepare a payment file layout for medicalrelateddebts. This file will meet the specifications ofHIPAA technical reports, allowing counties to importdata directly into systems. This effort will eliminate theneed to manually key payment data which will resultin less administrative work for county participants.Additional information on the debt collectionprograms can be found on SCAC’s debt collectionwebsite linked from www.sccounties.org.Cooperative AgreementsProperty Tax Audit ProgramSCAC participates with Tax Management Associates,Inc. (TMA), a Charlotte, North Carolina basedcompany to provide property tax audit and discoveryservices for county business personal property andresidential property tax programs. TMA has workedsuccessfully with 15 other states to assist countygovernments in finding property tax revenue thathas not been collected due to improper claims forClosingSCAC is fully committed to providing an array ofservice programs to help county officials better servetheir citizens. The President’s Report summarizesthese service programs and the activities that occurredin these program areas during the past year.residential property exemption, undervalued claims ofbusiness personal property, or businesses not payingproperty taxes at all. TMA is currently working insix counties, and is actively meeting with county taxofficials to develop specific audit programs to addressparticular county needs.Office Products Purchasing ProgramSince 1997, the Association has participated in apurchase agreement program for office productssponsored through NACo and U. S. Communities. Theprogram uses the purchasing power of a vast number oflocal governments, and a network of local suppliers, todevelop deep discounts for local government. Underthis program, even the smallest governmental entitiescan purchase most office products approximately 60 to70 percent below market price.Surplus Equipment — GovDealsSouth Carolina counties can participate in an Internetauction program for surplus equipment throughGovDeals.com. GovDeals provides a platform forcounties to sell equipment, vehicles, and other surplusassets via online auction. The primary benefits ofusing GovDeals are increased revenue, reduced assetdepreciation, and storage costs, because GovDealsallows governments to sell equipment and assetsimmediately without the need of long-term storage.Currently, GovDeals is working with 40 SouthCarolina counties, as well as 100 other agencies in thestate. Since the program’s inception in early 2004,counties have generated more than $25 million inrevenue through GovDeals. Between May 1, 2012,and April 30, 2013, GovDeals generated sales of $3.3million from 1,085 surplus items for South Carolinacounties.The Association is in excellent condition and is wellpositionedto continue to meet the ever-changingneeds of county governments. The SCAC Presidentand Board of Directors are confident that theAssociation will continue to meet the service needs ofSouth Carolina county governments…now…and intothe future!14

SCAC StaffExecutive DirectorMichael B. ConeDeputy Executive Director and General CounselRobert E. Lyon Jr.Deputy General CounselRobert S. CroomDirector of Administrative ServicesMelinda L. SuddessAssistant General CounselTimothy C. WinslowStaff AttorneysJohn K. DeLoacheM. Kent LesesneJoshua C. RhodesJenna L. StephensPublic Information DirectorW. Stuart Morgan IIIDirector of Insurance ServicesRobert C. Collins, CPCU, CICDirector of Risk Management ServicesJohn D. Henderson, ARM, ALCMRisk ManagerRobert E. Benefield, ARMTrusts’ Program CoordinatorPam S. Collins, ARMInsurance Claims ManagerJohn V. Jervey, AICWorkers’ Compensation Claims ManagerDennis L. Hicks, AICDirector of Research and TrainingAnna B. BergerSenior Research AssociateSusan B. TurkopulsSpecial Projects CoordinatorLeslie M. Christy-JenningsWebmasterJennifer M. HaworthMeeting Planner/Administrative AssistantNilda A. PadgettAdministrative AssistantsS. Ruthie DuvallPearlena A. Khalif-GovanDana M. TomlinsonMary E. WilliamsTrusts’ Program Assistant CoordinatorSusan L. ChambersProcurement OfficerRobert J. Lyon, CPPBField RepresentativeRick K. UcinskiControllerDouglas L. Brockhard, CPA15

SCAC Board of DirectorsTerms Expire 2016William B. Banning Sr., Lexington County Council ChairmanR. David Brown, Fairfield County CouncilFranklin F. Fulmore Sr., Williamsburg County CouncilCharles Jennings, McCormick County Council ChairmanK.G. “Rusty” Smith Jr., Florence County AdministratorTerms Expire 2015Diane B. Anderson, Laurens County CouncilJohn Q. Atkinson Jr., Marion County CouncilJames A. Coleman, Laurens County Council ChairmanLois H. Roddey, Chester County Probate JudgeR. Carlisle Roddey, Chester County SupervisorTerms Expire 2014Gonza L. Bryant, Greenwood County CouncilJoel R. Thrift, Oconee County Council ChairmanF. Pickens Williams Jr., Barnwell County AdministratorRonnie Young, Aiken County Council ChairmanTerms Expire 2013Julie J. Armstrong, Charleston County Clerk of CourtL. Gregory Pearce Jr., Richland County Council Vice ChairmanR. Archie Scott, Dillon County Council ChairmanClaude Thomas, Abbeville County CouncilJohnnie Wright Sr., Orangeburg County Council ChairmanNACo Board MemberWaymon Mumford, Florence County CouncilS.C. Counties Workers’ Compensation and Property & Liability Trusts ChairmanDavid K. Summers Jr., Calhoun County Council ChairmanSouth Carolina Association of Counties:Building Stronger Counties for Tomorrow

South Carolina Association of Counties1919 Thurmond MallPO Box 8207 • Columbia, SC 29202-8207Phone: (803) 252-7255 • (800) 922-6081Fax: (803) 252-0379Email: scac@scac.scWebsite: www.sccounties.org