Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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Charleston accused of meddlingBy: Jason Hardin Of The Post and Courier StaffOriginally Published on: 03/05/02 Page: B1 AH:Town of James Is. backers say Riley seeks to halt bid On the eve of filing an application to incorporate with the S.C. Secretary of State’s office, backers of a new town of James Island charged city of Charleston officials with meddling in the process. They cited a letter Charleston Mayor Joseph P. Riley Jr. sent to Secretary of State Jim Miles a few weeks ago that asked for a conference before a decision is made on the issue. The Secretary of State’s office must review the application before a referendum on creating a new town can be held. Riley’s letter also said that city staffers believe the town’s proposed boundaries are flawed - as the S.C. Supreme Court ruled they were when the first town of James Island was dissolved a few years ago. James Island attorney Trent Kernodle, who is assisting the incorporation movement, said Monday the city would have the legal right to challenge the town if one is formed. But injecting itself into the process now is inappropriate, he said. “I think it’s none of (Riley’s) business,” Kernodle said. “I’m nonplussed that a mayor of a city would seek to interfere with the secretary of state. That surprises me. I think it just goes to show the lengths this administration will go to interfere with this process.” Kernodle also said the maps prepared by incorporation backers have been carefully pored over. He noted that the city’s objection to the first town, which was that it illegally crossed waterways and other boundaries claimed by the city, has been eliminated by a change to state law.“A lot of people worked for about two years, lot by lot, parcel by parcel ... trying to put it together with an eye toward the fact that when it’s done, some people are doing to make a legal challenge,” he said. Charleston City Attorney Bill Regan said Kernodle is misrepresenting the city’s intent, which he said is merely to ensure that the boundaries of the town would be legal. The city only wants to exercise the rights any private citizen would have to review the documents assembled by incorporation backers and comment to the secretary of state, he said. Regan said he advised Riley that the boundaries might be flawed based on a “gut instinct” he got when he looked at the map. He said the city’s intent is not to “nitpick” the map for minor flaws. The city has an interest in making sure the incorporation process follows all the rules, Regan said. Charleston, along with the county’s other municipalities, would lose shared revenues, such as local sales taxes, to a town of James Island, he noted. “You’re taking another slice out of the pie,” he said. Mary Clark, who has been a lead organizer of the incorporation movement, said the city is terrified that the town will succeed. That would stop cold the city’s strategy of boosting its tax base by annexing land on the island, she said. She said the letter to the secretary of state is an example of how the city is attempting to head off that possibility. “What the mayor is hoping to do is what he has been hoping to do ever since he got into office: Get James Island any way he can,” she said. Kernodle said the city’s aim is to prevent or stall the referendum, which he predicted would take place in the spring. “They don’t want you to have the option because they’re afraid of what you might choose,” he said. Regan said the city doesn’t oppose having a referendum. The two lawyers also disagreed on whether incorporation backers should be able to sit in on any meetings between the Secretary of State’s office and the city. Kernodle said he would want to correct any incorrect information that could be presented during such a meeting. “That’s insulting,” Regan said. Clark said backers plan to hand-deliver the application to Miles today. If Miles’ office signs off on the application - a technical process that involves checking whether it is in accordance with state law governing incorporation - an election commission would be charged with organizing the referendum. Residents would be asked whether they want to form a town and what kind of government it should have. The vote would take place within a few months after the Secretary of State’s office signs off on the application. Jason Hardin covers the city of Charleston. Contact him at 937-5549 or at jhardin@postandcourier.com. |
Reproduced from The
Post and Courier, Charleston, SC (used with permission)
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