Tensions Rise Over Okra Strut Administrator Contract

Editor's note: Article updated to reflect Mayor King's response to article in comments section.

Approval of a contract to hire a council member's wife as the Okra Strut Festival administrator led to questions of ethics and fairness, and much debate during Irmo Town Council's regular meeting Tuesday night.

Council member Paul Younginer made a motion to approve a contract for the Okra Strut administrator in the amount of $12,000 for Susan Hoots, wife of council member Harvey Hoots.

Younginer said Hoots was recommended by Lexington Medical Center, the festival's sponsor.

Before Younginer actually completed his motion and before any action on the motion was made, Harvey Hoots asked to be recused from discussion and voting.

In a letter addressed to council, Harvey Hoots read the following:

“In accordance with South Carolina Code, Title 8, Chapter 13, Section 700 I acknowledge a potential conflict of interest regarding the appointment of an Okra Strut administrator for the 2012 festival, therefore I am recusing myself from any discussion and vote.

The Okra Strut Commission has asked my wife, Susan Hoots, to accept this position as an independent contractor. Her qualifications include several years of experience with the Okra Strut and she is a certified festival planner. She has accepted their proposal and the commission’s recommendation have been forwarded to the Irmo Town Council for approval. I have recused myself in the past and will continue to distance myself from any discussions and voting in regards to this matter.”

Irmo Mayor Hardy King wasn't accepting of Harvey Hoots' letter.

"This statement does more than just recuse himself," King said. "It also attempts to influence, in my opinion … to influence council members that she qualifies and has years of experience and that she’s a certified planner.”

"I object to the way this is written. I think it is a sly way of trying to influence council members. If it had just said he was recusing himself, I think that would be fine."

(See King's response in the comments section.)

Hoots said he consulted legal counsel and sought the opinion of the S.C. Ethics Commission about the potential conflict of interest.

Both Younginer and Walker said Harvey Hoots' statement was acceptable and wanted to hire Susan Hoots since she has worked with the festival in previous years including the 2011 Okra Strut Festival.

Walker said he hadn't receive the letter prior to Tuesday's meeting so his decision hadn't been influenced.

Council also received a letter from the Okra Strut Commission recommending Susan Hoots for the job.

That letter also came into question.

King said the letter should be disregarded because it couldn't have come from the entire commission because no public vote was ever taken at the commission's Jan. 30 meeting - a meeting he attended.

Commission chairman Kirk Luther said he polled commission members - an action King said shouldn't have happened.

King said the commission should've discussed the recommendation in a public setting, not in private.

Luther disagreed saying polling has been done before.

 “I think the mayor is grasping for straws with that sort of thinking," Luther said. 

King suggested the commission meet to vote on the recommendation and that the town take bids for the position.

Citing a town ordinance, the town's nepotism policy and South Carolina Code Section 8-13-700 concerning public officials' use of office to influence a governmental decision, King said he was against approving the motion to hire Susan Hoots and pushed for council to go forth with advertising bids.

After a lengthy debate, town attorney Jake Moore was asked by council to give his opinion on Susan Hoots' contract.

Moore said he thought Harvey Hoots’ letter was a proper recusal and had checked with the S.C. Ethics Commission.

He also advised council to take what he considered a 'conservative path' to address any concerns about the contract.

“I think it’s much better to take a safer path than a less safe path,” Moore said. “The safest way to do it would be to put it out for bids.”

After hearing from Moore, Younginer made a motion to accept the Susan Hoots contract as one bid and advertise for other bids. Younginer later retracted his motion amid more debate over the contract and went back to his original motion of approving Susan Hoots' contract.

Council did, however, end up taking the vote with Harvey Hoots present but not voting.

The motion failed, King said, because only two members – Walker and Younginer – were in favor of the contract. King said three votes were needed. 

Moments later, Harvey Hoots left the room in order for the council to vote again.

That vote was never taken.  

The town’s administrator, Bob Brown, was asked to advertise the position with one of the requirements being that the bidder is a certified festival planner.

An announcement is expected to go out this week and bids will be reviewed at the council’s next meeting on Feb. 21.

What do you think about the contract? Tell us in the comments section.