BLYTHEWOOD – It was very much like old times at the Monday night council meeting.
New Councilwoman Andrea Fripp took to the podium to question why council will not convene in executive session to re-discuss the now settled (with prejudice) 2021 MPA/Town lawsuits.
By meeting’s end, it was a donnybrook with Fripp repeatedly interrupting and talking over Mayor Sloan Griffin while several people gave Fripp a standing ovation and cheered her on.
She told council that she spent five hours reviewing evidence that she says is “disturbing” in the office of David Black, the Town’s former outside attorney,
Fripp said she stands on the side of the facts.
“I can stand by myself,” she said, “and I believe it is in the best interest of the residents of Blythewood to fully understand what the [MPA] settlement means and how it actually affects the town.”
She insisted that she wants council to go into executive session to discuss why the council settled the case without pursuing sanctions and “to deal with this internally.”
Asked whether such subject matter would qualify to be discussed in executive session, Councilman Rich McKenrick said it would qualify as receiving legal advice.
Media Attorney Jay Bender disagreed in an email response to The Voice.
“The law allows an executive session to receive legal advice relative to a pending or threatened claim or other matter covered by the attorney-client privilege,” Bender wrote. “If the case has been settled there is no pending or threatened claim.
“The receipt of information regarding the reason a case was settled,” Bender said, “does not seem to come within the definition of legal advice. Why the town took an action should not be the basis for an executive session.”
Fripp and McKenrick also expressed their frustration that Councilman Donald Brock continues to be allowed to vote on agenda items at council meetings.
“I’ve heard some serious accusations and allegations of wrong doing by Councilman Donald Brock as it relates to his involvement with the MPA lawsuits and his conduct that was allegedly adverse to the Town,” Fripp said.
“Since taking office, I’ve had the opportunity to sit in the attorney’s office and review the documents about his [Brock’s] direct opposition to the Town of Blythewood while representing Blythewood as an elected official,” Fripp told council.
“Councilman Brock has remained as a voting, decision making member of this body with direct access to privileged information as mayor pro tem,” she continued, punctuating the air with her finger.
“He has not recused himself in this matter nor has he been asked by leadership to do so,” she said. “In fact, it seems to me he is more emboldened in his current role. That to me is unsettling.”
Fripp said she had reviewed the evidence file that she called “facts,” and that “collectively, the whole picture is crystal clear,” concluding that the “evidence” was “disturbing.”
“Unfortunately, there is no ethics or accountability in place with this council,” Fripp said. She said that she is preparing a policy.
“Councilwoman Fripp, if you chose to do a little homework, Title 30, Chapter 4 of the S. C. Freedom of Information Act will answer some of your questions,” Brock said
“You say you’re working on a policy …for something. Unfortunately for you, there’s not a policy you can draft that would prohibit me from sitting in any executive session or voting on any items unless there is a direct conflict of interest.”
Bender agreed.
“There is no authority by which council may preclude a member from voting so there is no provision in the FOIA that would allow an executive session to discuss the ability of a council member to vote,” Bender said.
After reviewing the evidence files in Black’s possession, Fripp did not mention any specific evidence against Brock. No ethics complaints have been filed against him, and no evidence against him has been presented publicly.
Black continues to refuse to turn over what McKenrick said in a council meeting is ‘damning evidence’ against Brock and others. McKenrick said Monday night that he sent an email to Black opposing the dissemination of the evidence to the Town.
“Now that the 2021 lawsuits have been settled and dismissed, why do Mr. Black and Mr. McKenrick not want the ‘damning evidence’ against Mr. Brock, Ms. Hunter and The Voice to be put out there for the public to see, to prove that it exists?” Griffin said. “Maybe it doesn’t exit?
“The Town has also been told that until we pay an additional $150,000 or so to Maynard Nexsen for invoices they say we owe, that they will not turn the files over to us,” Griffin said. “But, so far, Maynard Nexsen has refused to send us the invoices for the additional $150,000 so we can pay them. I wonder if we will ever get those invoices or the files with the so-called ‘damning evidence.’ ”
