By Greg Oliver
Courtesy The Journal

goliver@upstatetoday.com

PICKENS — A five-year contract extension for Pickens County school superintendent Danny Merck approved last month by school board trustees remains a source of contention for trustee Alex Saitta, who voted in opposition.

In fact, Saitta said last week he recently corresponded through email with South Carolina Press Association attorney Jay Bender concerning the legality of the measure.

In his response to Saitta, Bender cited rulings by the South Carolina Supreme Court in Newman v. McCullough and Cowart I and Cowart II. The attorney said that without knowing the terms of the Pickens County School Board, he could not say whether the five-year contract could be void or the severance package disallowed.

But Bender did say that, “at first glance, it seems the contract extension violates Newman and Cowart.”

“It is my opinion that the board cannot lawfully enter into a contract with a superintendent that extends beyond the term of the board members, even if the board members have staggered terms of office,” Bender said when contacted later.

In June, the board voted 4-1 to extend Merck’s contract through June 30, 2021. Voting in favor were board chair Judy Edwards and trustees Brian Swords, Phillip Bowers and Dr. Herbert Cooper, while Saitta voted in opposition and vice chairman Henry Wilson abstained.

Saitta said at the time that while he supports Merck and voted for his initial contract, he voted against the long-term extension. Last week, Saitta again said the school board is responsible, by law, for hiring the superintendent, and can only direct the superintendent, rather than department heads, principals or employees.

What particularly concerns Saitta is that board members face election in 2016 and 2018, meaning that the five-year extension “binds future school board members in the most important decision they make.”

Saitta said he was informed by Bender that rulings by the South Carolina Supreme Court in the cases of Newman vs. McCullough and Cowart I and Cowart II stated that “the appointment of a public officer cannot be impaired by an employment contract extending beyond the term of the members of the government body.”

“It appears the school board cannot give the superintendent a contract beyond November 2018,” Saitta said. “My hope is the school district’s attorney will now review the cited case law presented against the latest contract that extends out to June 2021.”

In the case of Newman v. McCullough, Bender said “the Supreme Court of South Carolina held that a governmental body could not enter into a contract for the performance of a government function if the contract extended beyond the term for which the members were elected.”

The attorney stated the Newman case “involved a resolution adopted by Greenville City Council for the reemployment of returning World War II service members, with the court holding that the resolution was void because it extended beyond the term of office for the council.”

Bic Halligan, whose Columbia-based firm represents the School District of Pickens County, did not respond to a request for comment.

Wilson said that as a school board member, he would defer legal considerations to the board attorney. However, the Dacusville representative said he voted to abstain for several reasons, including the length of the superintendent’s contract extension, which exceeds the term of current board members.

“In my view, the contract extension terms effectively bind current and future boards to the current superintendent in a practical and operational sense,” Wilson said, adding, “Our schools operate in a dynamic, rapidly changing environment, and school boards need both operational flexibility and across-the-board accountability to ensure effective governance.”

But Bowers, who voted in favor of the extension, said the district “is blessed to have a man of Dr. Merck’s character and strong Christian faith in charge of our schools.”

“I wish we could bind him forever, but he will eventually retire,” Bowers said. “The extension is reasonable to me. Unfortunately, there are lawyers and a certain board member who will do anything to rid our schools of strong-principled leaders like Dr. Merck. They are egotistical leeches eager to skim money from taxpayers through frivolous lawsuits and feed their massive egos at taxpayer expense.”

None of the other board members responded to requests for a response to Saitta’s complaint and Bender’s legal opinion. However, when the extension was first approved by the board, Edwards issued a statement of support.

When Merck was initially named superintendent in April 2014, he was awarded a four-year contract at $120,000 annually. Prior to the board’s approval of a five-year extension, the board had voted in Oct. 2015 to extend Merck’s contract by one year to June 2019.

In addition to the same 3 percent cost-of-living increase given to all classified and administrative employees, the superintendent’s five-year contract extension also includes a unilateral termination clause increased to three years or the balance due on the contract, and specifies a procedure for event administrative leave.

By Jason Evans
Staff Reporter

jevans@thepccourier.com

SUNSET — A 7-year-old boy died of injuries suffered in a crash Saturday.

Pickens County coroner Kandy Kelley identified the victim as Christopher Case Johnson, 7, of Tamassee.

The fatal collision occurred on Saturday evening at 11 p.m., according to Cpl. Bill Rhyne with the South Carolina Highway Patrol.

The collision occurred on S.C. Highway 133 a little more than five miles north of Salem, he said.

The collision occurred as a 2008 Chevy four-door driven by Carolina Rose Anna Haley, 28, of Tamassee, was traveling north on S.C. 133, also known as Crowe Creek Road.

The vehicle entered a curve, crossed the center line. ran off the left side of the road and struck an embankment, Rhyne said.

The child was wearing a seatbelt and was in a booster seat, Rhyne said

Kelley said Johnson was transported to Cannon Memorial Hospital in Pickens, where he was pronounced dead. Cause of death was blunt-force trauma.

Haley was injured in the collision and was transported to Greenville Memorial Hospital. She was wearing a seatbelt, Rhyne said.

The Highway Patrol is still investigating the accident.

SIX MILE — The search for a man who had been missing for more than a week came to a tragic end late Thursday, when his body was discovered in a secluded area behind Six Mile Elementary School.

Pickens County Sheriff’s Office Chief Deputy Creed Hashe said Christopher Allen Tankersley, 30, was discovered shortly after 9 p.m. a short distance into the wooded area. Hashe said evidence recovered at the scene indicated Tankersley had died several days earlier from self-inflicted injuries.

The sheriff’s office had been assisting Spartanburg County authorities in attempting to determine the whereabouts of Tankersley. The 30-year-old was first reported missing July 14 after having last been seen the previous evening after visiting a friend in Six Mile. Hashe said Tankersley left a friend’s home on a 2016 Kawasaki motorcycle and said he was headed to his home in Boiling Springs.

But Tankersley never showed up at home, and Hashe said the Pickens County Sheriff’s Office, along with Tankersley’s family and friends, proceeded to search for him and any information in the following days that would answer questions regarding his disappearance.

“During the initial stages of the investigation, the sheriff’s office canvassed the area and interviewed numerous residents and acquaintances,” Hashe said. “Area convenience stores were contacted for any possible surveillance video that may have captured images of Tankersley.”

After requesting and obtaining search warrants to retrieve and review cellphone records, Hashe said the sheriff’s office flew a helicopter in the area between Six Mile and Boiling Springs. However, no signs of Tankersley or his motorcycle could be found.

But Hashe added the sheriff’s office was notified Thursday evening that a motorcycle had been seen by an area resident earlier this week parked in a secluded area near a nature trail behind Six Mile Elementary. Deputies responded to the location and found the motorcycle, as well as Tankersley’s body a short distance away.

Hashe said a shotgun that Tankersley bought from a friend on the date he disappeared was found next to his body.

PICKENS — The Pickens Police Department is in the process of raising funds to procure a police dog.

The department had one in the past, and Cheif Travis Riggs believes bringing a K-9 to the force will be an invaluable asset to the city.

The dog will go through certified training in drug detection and human tracking.

“This dog will not be a bite dog or a protection dog due to the fact that we would like to ensure safe interaction between the dog and the public at community events,” Riggs said.

Riggs said the department will request a Belgian Malinois. They look similar to a German shepherd but are much smaller and friendlier. The cost is estimated at just less than $12,000 which will cover the cost of the dog, the training for dog and handler, the home and car kennel, and other miscellaneous startup costs.

“We are asking for support from the community and business owners to attain the required funding,” Riggs said. “We will be looking into donations, fundraisers and grants. I have been approached by many citizens and business owners already willing and able to donate to our cause.”

After the initial cost, there will be a minimal cost for food and checkups, which the department can support with its current budget. All donations can be made out to the Pickens Police Department K-9 Fund at P.O. Box 217, City Hall Pickens, S.C. 29671.

PICKENS — Farmers in Cherokee, Pickens and Oconee counties are now eligible to apply for South Carolina Farm Aid grants to help offset losses due to the October 2015 flooding.

On July 20, the federal Farm Service Agency informed the S.C. Department of Agriculture that the three counties qualify along with the previously announced 42 counties.

“When we heard this news, we immediately went to work to make farmers in these counties aware of their eligibility,” SCDA commissioner Hugh Weathers said. “Our goal is to help as many farmers as possible recover from the devastation we saw in October.”

Farmers in these three counties who suffered crop loss due to last year’s flooding can now apply for the grants. The deadline for applying is Sept. 6. The application and more information are available at agriculture.sc.gov/SC-farm-aid/.

The S.C. General Assembly approved $40 million in state aid to help farms in flood-ravaged communities. Farmers can receive grants covering 20 percent of their crop loss up to $100,000.

“While this won’t make our farmers whole, we hope through this relief funding, they can begin to recover,” Weathers said.

To be eligible for the grant, farmers must have experienced a verifiable loss of affected agricultural commodities of at least 40 percent as a result of the October 2015 flooding. Their farm must be located in a USDA disaster-declared South Carolina county and have a United States Department of Agriculture-Farm Service Agency issued farm number.

Applicants will also be required to sign an affidavit, under penalty of perjury, certifying that loss information is accurate.

To help farmers apply for assistance, the Clemson University Cooperative Extension Service and SCDA will conduct regional educational workshops in Cherokee, Pickens and Oconee counties.

For complete application instructions and to access the application PDF form, visit agriculture.sc.gov/SC-farm-aid/. For more information about Farm Aid or to be put in contact with Farm Aid staff, call SCDA’s Megan Heidkamp at (803) 734-2210.