Ethics Reform Committee Told 'You're Swimming Upstream'

In its first public hearing, the newly-formed South Carolina Commission on Ethics Reform was told by USC Law Professor Jay Bender it will be "swimming upstream" in its pursuit of overhauling rules regarding misconduct. Bender also told the 11-member group that they are working "against human nature" and a longstanding "political culture in South Carolina."

Bender was one of five speakers at the sparsely attended session on Tuesday evening in the Brown Building in Columbia. He has decades of experience as an advocate for open records and expanding the reach of the Freedom of Information Act (FOIA).

Bender said that FOIA laws in South Carolina are sufficient, but a culture of politicization prevents them from being used effectively.

One of the other speakers was conservative activist Craig Adams who said the light turnout for the hearing was a measure of the public's cynicism in the possibility that meaningful ethics reform could happen. But Adams said the mere existence of the Commission on Ethics Reform was proof that the political class is starting to listen to the public's dissatisfaction.

The fundamental issue standing in the way of reform is how to remove the "fox from guarding the henhouse." Right now, the legislature essentially polices itself a situation most voters deem unacceptable. South Carolina State Ethics Commission (SCEC) is technically independent of the legislature, but, as Bender explained, it is both understaffed and underfunded. The funding it does receive is approved by the legislature.

The reform group spent a good portion of the hearing considering ways an independent body might oversee ethics in the state. One of the suggestions receiving the most discussion was a version of the SCEC that was funded in multi-year blocks--which would limit the threat of funding being pulled--and had more enforcement power. But, according to Henry McMaster, who is one of the co-chairs of the reform group, "all options are on the table."

The Commission on Ethics Reform was formed last month by Gov. Nikki Haley. The last year in South Carolina politics has featured a series of ethical missteps by legislators. Committees have been formed in both chambers of the legislature to construct legislation.

The Commission will have its next public session on December 10 at a location to be determined. Persons in interested in appearing before the Commission should contact James Burns, counsel to the Commission, at 803-255-9586 or scethicsreform@gov.sc.gov.

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