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Has Joey Preston resigned as Anderson County administrator?
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- Letter to Anderson County Council regarding employment of County Administrator Joey Preston
In a Sept. 25 letter to council obtained by the Independent-Mail Friday, Robert Hoskins, Joey Preston’s attorney, said Preston considers the rumors of planned actions of the oncoming County Council as “termination without cause” of Preston.
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ANDERSON — Anderson County Council will determine whether Anderson County Administrator Joey Preston has tendered his resignation at their Tuesday council meeting, Anderson County Council member Bob Waldrep said.
The meeting is scheduled to start at 6 p.m. in the County Council chambers in downtown Anderson.
In a Sept. 25 letter to council obtained by the Independent-Mail Friday, Robert Hoskins, Preston’s attorney, said Preston considers the rumors of planned actions of the oncoming council as “termination without cause.”
“Regretfully, it has come to Mr. Preston’s attention that certain existing council members have made statements that they and certain newly-elected council members intend, after January 2009, to prevent him from carrying out his duties as County Administrator,” according to the letter.
According to the letter, Preston said some council members “have hindered (his) ability to do his duty for seven years.”
Additionally, the letter said the expected actions of the incoming council could be considered “an anticipatory breach of his employment contract.”
The letter said Preston would like to continue to serve the people of Anderson County.
“However, the political and personal agenda of the obstructionists has rendered his ability to serve the people of Anderson County beyond January 1, 2009 impossible,” according to the letter.
When called for comment, Preston said, “I can’t say anything. I’m not going to comment.”
Attorneys with Foster Law Firm in Greenville could not be reached for comment Friday.
Anderson County Council member Bob Waldrep said he was confused about what the letter meant.
“The letter seems to say he’s resigning or that he has already quit,” Waldrep said.
Waldrep placed a discussion about the letter on the next council meeting’s agenda.
But Eddie Moore, one of the unopposed candidates for council in the Nov. 4 election, said he found the letter to be off-putting.
“I find it extremely offensive and disturbing that Mr. Preston has viewed the new council this way,” he said in a prepared statement. “This is a far cry from the truth. We only want an open, honest, accountable government for Anderson County. If Mr. Preston differs with us on that point, then he has a hidden problem, not us. We only have a positive, progressive agenda scheduled for Anderson County.”
Moore said he was shocked by the letter. He said he had met with Preston on Friday, and there had been no discussion of the letter at that time.
Anderson County Council member Michael Thompson said he would not discuss the issue.
“A council member has a right to place any item on the agenda, that’s why it’s there, but where it goes from there is up to council,” Thompson said. “I cannot comment on it. It’s a personnel issue.”
Thompson said he felt the release of the letter was a violation of ethics.
“If anyone discloses or relinquishes any information pertaining to this, it may be an ethical violation,” Thompson said. “To my knowledge, all copies that I gave out were marked confidential, so they should know better.”
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For those wondering what this tactic is all about, see "John T. Hendricks vs. Pickens County Council" from September 1999.
It'll make a little more sense to you then. (Hendricks won, by the way.)
Watch out folks...he could be setting up a confidence vote and a re-write of his contract with gaurantees. He still has the 3 goonies on council to ram it through before they are replaced.
Or maybe he had lunch with Tommy Bowden and took notes...
Let's all buy him a one way ticket to anywhere!
He sees the writing on the wall and is setting himself up to get paid. I hope they consider this letter to be his resignation and send him on his way without another penny of our money.
I think it is time to look for someone to conduct a forensic audit and begin a RICO investigation of Mr. Preston's activities.
in response to CindyRoper
I agree with you totally. Another slimy move by Mr. Preston.
Maybe he is re-locating to a Country that wont extradite.
I think the bigger question here is who in county government does not understand CONFIDENTIAL. Look at the PDF at the top of the article that Liz has been so gracious to post.
PAGE ONE - Just Below Ron Wilson. You will see where, albeit it's faded due to the poor quality of the fax, the letter is marked CONFIDENTIAL.
So, who is the leak?
Finding the leak may be as easy as scrolling to the third page of that PDF. You'll see two phone numbers listed: One I'm wagering is a fax line, the other, I'm not so sure about.
As they say in the Navy: Loose lips sink ships.
- SSHM
I just read the letter and its seems clear to me He ain't showing up in '09. Whats left to discuss. He resigned. Does the stormwater girl assume command of Anderson County Jan01 or do you hire a new ADMIN????
Is anyone concerned with the assessment on your property that was sent out recently? Is anyone concerned with anything in this town besides Joey Preston, our council included?
in response to Klay67
Klay67,
Apparently this town has decided that JRP is better entertainment than Days of Our Lives, One Life to Live, and General Hospital combined.
Why that is the case and why this town fails to evolve is beyond me. Stupid must be contagious is all I can conclude.
- SSHM
in response to StupidShouldHurtMore
The 2 numbers listed on page 3 are the fax numbers for Anderson Independent Mail (260-1276) and the Anderson County Sheriffs Office (260-4354)
in response to thedavester
Guess that answers the leak question.Guess the return of Cator Gate is getting close.Who's talking????Who's running for cover???
Questions,Questions,
QUESTIONS
What a child. Mr. Preston, no wait, Mr. Preston’s attorney speaks of mysterious people about whom he has no actual evidence. Cry me a river. You know, it has been said that only the paranoid survive. Let’s hope that’s not true in this case. Anderson can do much better than Mr. Preston.
How can his "employment contract has been anticipatorily breached"??? You may forsee it happening, but until it happens, you don't know!
Hey JD, I'm gonna sue you for an accident you are gonna cause me to be in 3 years from now, which will prevent me from "serving the people of Anderson County". Gimme $10,000,000
I didn't say his potential lawsuit in this case had merit on those grounds. I just pointed out the precedent set by the Pickens County issue, where an actual ACTION (contracting with an"interim administrator") was taken by the Council in direct breach of Tom Hendricks' contract.
By the way, if I drain the brake fluid in your car, and three weeks from now you have an accident because your brakes fail, I darned sure CAN be held responsible for the accident. It's kind of the same principle at play here.
I think he is right I think the people of this county that have supported some of the BS that he has had to endure are guilty as charged. You get back what you put out, and now we are going to pay the Piper. Had people look at the half full glass instead of the half empty they might see things for what they are. This county is in much better shape than it was 10 years ago, yes there have been some cost to that but who ever said everything is free? I wish people would objectively look at this Cindy Joey dispute and they would see that she has cost the county millions of dollars that we tax payers have to pay for, Look at ALL the facts.
Finally, an indictment.
in response to robert
The things he accomplished could and would have been by any competent county administrator. It is how he goes about accomplishing these things that raise the questions. Particularly since we have all witnessed the stonewalling and double talk for some time now. If you have nothing to hide you don't take the path Joey Preston is taking. Have you heard the "best defense is a good offense?" He is pre-emptively filing/threatening to file because he knows it is in his best interest to put the county on the defensive first. With it's smooth execution, it appears he has been planning this since he had his employment contract drawn up. So I am sure it will be a well executed money grab. I think the citizens of Anderson County should file a class action against Joey for operating, what appears from what he has shown us, to be a slush fund and trying to milk the funds, over which he has 100% control, for his own purposes and being a conflict of interest. He is not using our money in our best interest, but in his own. A RICO investigation is in order.
If Preston had an ounce of concern for Anderson County, he would step away quietly. The people of Anderson have spoken. Walk away and take your mustache with you.
in response to HF
in response to mom2two
Despite your choice of words, I think you have a genuine desire to discuss issues. I also believe you to have close contact with certain persons in order to speak so definitively about what they think or what they have done. So, that beng said. I would like to ask a few questions so I can fully understand before I respond to your post. For the moment, let's stick to one topic at a time but I would be glad to discuss any aspect of any issue. To preclude a semantics battle, I would like to clarify some terms as I understand them to be.
Non-profit -1. As applied to any private entity, no part of the net earnings of such entity accrues or may lawfully accrue to the benefit of any private shareholder or individual. 2. 501(c) is a provision of the United States Internal Revenue Code (26 U.S.C. § 501(c)), listing 28 types of non-profit organizations exempt from some federal income taxes 3. not seeking to produce a profit.
I have listed three generally accepted descriptions of what a non-profit is. Do you have any other description you would like to put forward? So my questions begin with.
1. Saturday, September 6, 2008. On By Liz Carey reported, “The BalloonFest, Preston said, is a county-driven event, but also a nonprofit organization within the county to which contributions and sponsorships can be made.” … “The county owns the mark. The event is owned by the county,” Preston said. “So far, there isn’t any other organization that has stepped up to offer to help with it.”
Of the 28 types of non-profits permitted by United States Internal Revenue Code (26 U.S.C. § 501(c), what type of non-profit exactly is The Great Southeast Balloonfest? Exempt organizations (including private foundations) must file various returns and reports at some time during (or following the close of) their accounting period. It should be very easy to determine from those documents what type of non-profit it is.
2. Are donations, sponsorships, scholarships or “in kind” donations to The Great Southeast Balloonfest tax deductible and have each of the donors to date received documentation to permit them to act in that fashion?
I guess I am looking for how Anderson County nee Joey has framed the legal description of the The Great Southeast Balloonfest. He has eluded in various newspaper quotations to it being a non-profit in it’s execution, a non-profit by proxy, a non-profit in spirit and a non-profit in fact. Exactly what kind of non-profit is The Great Southeast Balloonfest?
If you do not/cannot provide answers to these simple questions then don't tell I haven’t tried. I try very hard to determine the true facts before forming an opinion. So help me out here. Please do not bombard me with a bunch of defensive language as I have not said anything here other than trying to get on the same page and begin this discussion from a logical starting point.
I would surmise two days is sufficient time to answer those two simple questions. That is the problem with Joey Preston, he talks a lot of words, but when asked for clarification, disappears behind stonewalling and legal walls.
Joey Preston looks like he is operating a huge shell game. He moves money around from account to account, changes what it is called and laughs at us for being rubes.
He and his people sitting on county council stated repeatedly, that NO tax money was involved in Balloonfest and yet when you trace back the origins of the money it is MOSTLY either money collected in taxes and fees (maybe moved to another account and called something else) or money destined, or should have been destined, for the tax coffers but sidetracked to one of Preston's schemes (Allied Waste and their "give back" arrangement is a good example). Rather than a straight up tax arrangement, for that money they are contractually obligated to pay, it looks like they have a "give back to the community" agreement, which includes donating to Joey's non-profits (which I assume is tax deductible as that is generally the purpose of creating non-profits, to be tax exempt and receive tax deductible contributions). That money would otherwise be called tax revenue and have a whole different level of accountability.
Preston said he was operating 50 businesses in Anderson County. Much of what has been discovered to this point, he moves money to non-profits where the money vanishes and becomes unaccountable for. Does he have more non-profits sprinkled around, which we have no knowledge of?
What happened to the $66,000 balance from last years Balloonfest? This year Preston took $68,000 from the accommodations tax/ fees accounts to "balance" his Balloonfest expenditures. Preston claimed repeatedly no tax money was used for Balloonfest. In looking over the list of donors and the source of their money it looks like a majority of the money spent originated from tax/fee money or money that was headed to the tax coffers. That is tax money. I recall Preston explaining how the money he was spending on parties for county employees and his own travels and other spending were coming from this special revenue fund set up for last years Balloonfest sponsors and that it was the sponsor’s wishes that he spend it the way he was. So he spent up the balance from last year on parties and travel and rewarding everyone involved and then hit the accommodations tax source for $68,000 this year. A little switcheroo doesn't change the facts. He basically pre-spent the accommodations tax from this year on parties and high living from the balance from last year. All this hocus-pocus moving funds from accounts funded with tax money, using money generated by FEES and then stating it didn't come from TAX money, calling it something else and then saying it is a private contribution to a non-profit and doesn't have to be accounted for is all a little too slick and slimy for my tastes.
Suspend him with pay today. Start the forensic audit tomorrow. That way his cronies can't pull an Enron on us and shred all the evidence.
in response to CindyRoper
CindyRoper, the simple answer to your question is that in South Carolina, political subdivisions (including counties and municipalities) are considered tax-exempt (non-profit) both constitutionally and by statute. The longer answer would take one of those $300 an hour constitutional lawyers, but for what it's worth, it's already been reviewed. ;)
The bottom line is that not only does the U.S. Internal Revenue Code (Federal government) you cited have to recognize local government subdivisions in its language, but it cannot override the State of South Carolina's designation unless they find a way to do something about that pesky 10th Amendment to the U.S. Constitution.
Any operations under the auspices of Anderson County and any other county do not need any additional "incorporation" papers or 501(c)3 charters to exercise their non-profit rights. It's how contributions to county libraries and county museums are tax-deductible contributions.
That doesn't mean there aren't audit requirements. It just means that if Anderson County wants to operate the Great Southeastern Balloon Fest under its own legal authority as a non-profit, as long as it meets all other legal requirements, it can do so.
You are playing a purely political game here in which you ask a very complicated question with a very simple answer, but the very act of ASKING the question of where Anderson County derives its authority to operate as a non-profit organization serves to raise doubts in the minds of the people of Anderson County. ANDERSON COUNTY (the government) IS A TAX-EXEMPT, NON-PROFIT ENTITY BY LAW. Or, as some person prone to cryptic statements once said, "It is what it is."
Where money for events comes from, and where it goes, are certainly interesting and fair questions to ask of the county regarding that balloonfest. But local governments hold such festivals all the time and not once - ever, to my knowledge - has the Secretary of State of the State of South Carolina ever challenged a county's of municipality's ability to do so under their statutory authority.
in response to JDTippett
Thanks for the time you took to write that post. However, I think you missed the point of what I was saying. Asking the questions I asked were merely what was to be a starting point to a discussion of the issues. Sometimes to have a meaningful discourse you have to start at a point of agreement and grow from there. I am fully aware of the non-profit status of government. I was looking for a definitive answer from the poster, who, I believe to be close to the source. Also, you may take this as political game but I do not. I am in search of the facts and how they play a role in the use of my tax money by Joey Preston.
Let's take your response as the starting point and pretend Joey said the same thing, that The Great Southeast Balloon Fest is a non-profit by proxy (as an extension of the tax exempt status of Anderson County.) Is that a fair summation of your post?
The words tax exempt and non-profit are thrown around interchangeably, but do not mean the same thing. Non-profit status is a state law concept. Non-profit status may make an organization eligible for certain benefits, such as state sales, property, and income tax exemptions. Although most federal tax-exempt organizations are non-profit organizations, organizing as a non-profit organization at the state level does not automatically grant the organization exemption from federal income tax. Even if (for the sake of argument)The Great Southeast BalloonFest is a non-profit by proxy, that does not relieve it from having to file documentation with the IRS to claim it's exemption. I can see where a government entity can be tax exempt as they are not "in business". They are not supposed to be profit motivated to begin with, as they are not supposed to have revenue streams from business ventures. The county is supposed to derive it's revenue from taxation, not profits from business. It isn't supposed to be in business to begin with. That is the gray area I see being exploited in how this is being carried out. Everyone involved with the Balloonfest, vendors amd musicians etc. were there for profit. If the event was paid for with tax money, why were people charged to attend or participate in any part of it. It would be different if the county was just putting on entertainment free of charge. The way I see it Joey used tax money to pull it off and then charged the public to participate.
Then for Preston to state that no tax money was spent to pull off BalloonFest is an out fight fabrication in my opinion. Just follow the money from where it came.
in response to CindyRoper
Quoting from CindyRoper:
"Sometimes to have a meaningful discourse you have to start at a point of agreement and grow from there. I am fully aware of the non-profit status of government. I was looking for a definitive answer from the poster, who, I believe to be close to the source."
Sooo . . . .
If you knew the answer to the question, why did you attempt to mislead others by your responses? Go play fishing games elsewhere. If it is dialog you seek, speak, and speak not in riddles or in a veiled manner.
. . . stupid . . .
- SSHM
"Despite your choice of words, I think you have a genuine desire to discuss issues. I also believe you to have close contact with certain persons in order to speak so definitively about what they think or what they have done."
so... let me get this straight, i'm ready to talk about things, but my logic already is flawed because I can't possibly think on my own or just be smarter than you... if I disagree with you, its because it HAS to be because I'm close to the administration, not because I refuse to be lead around by the nose by a talk-radio host.
nice to see you really want to discuss the issues with an open mind.
"I would surmise two days is sufficient time to answer those two simple questions."
Some of us have real lives Anna... And we spend them with our kids and husbands instead of hanging out online.
Okay - here it is. The county is a non-profit organization. Period. Every division of the county is also a non-profit organization. Period.
Just because the jail charges for concessions does not mean it is in the business of making money. Just because the sheriff charges New Spring for traffic control on Sundays, does not mean its a for profit organization. Just because the museum has a gift shop, does not make it a for-profit organization. Those funds are taken BACK into the budgets of those divisions of the county to reduce the burden on the tax payer.
Ditto with BalloonFest. BUT the difference is, just because they bring in vendors and concert acts, doesn't mean those vendors turn their profits over to the county. The county, as the organizer of the event, takes care of the water, the electricity, the maintenance, the clean up, the manpower to put on the event, and charges vendors a portion of that to cover their costs. If the vendor makes money at it, number one, some of that sales tax money goes back to the county (gasp! It actually BENEFITS the county's bottom line!?!) and number two - it doesn't mean that the county makes the same profit.
"Preston claimed repeatedly no tax money was used for Balloonfest. In looking over the list of donors and the source of their money it looks like a majority of the money spent originated from tax/fee money or money that was headed to the tax coffers. That is tax money."
Can you please explain how money from PRIVATE organizations, public utilities and private donors, is tax money?
I'm personally stymied by that one.
How is it possible that money from the Foothills Foundation (a non-profit organization), the Anderson Independent-Mail (publically held company), Electrolux (ditto) and Alliance Consulting Engineers (PRIVATELY held company) is actually money paid by the county tax payers?
You have totally lost me on that one.
County council contributions came from taxpayer money, accomodations/hospitality tax is taxpayer money, City of Anderson money is taxpayer money, the $66,000 balance from last year that Joey spent was taxpayer's money, grants or other monies received from the State is money that could have been used in other ways that reaches more people. So, my comparison is not how you framed it, but more of an all the above tax monies used versus, "NO taxpayer money was used for Balloonfest." If I recall the balloonists gave all the thanks and praise to Joey Preston. Even going so far as praising him for all the rest of everything else he does for Anderson. http://www.independentmail.com/news/2... I guess that is easy to understand when Preston just plunked down the platinum card.
"In a Sept. 8 report, the county posted expenses of more than $314,000 for the BalloonFest and nearly $89,000 for the Balloon Federation of America National Championships. The county anticipated another $125,000 in expenses for the two events, according to the report."
No thanks for the rest of us, not even the County. Oh, oh, I forgot, Joey Preston IS the county. By proxy, we are thanked as well.
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