Ryberg: Intent of law was violated
A referendum to incorporate Graniteville, Vaucluse and Warrenville failed Tuesday, but a side issue of the campaign remains.
S.C. Sen. Greg Ryberg, R-Aiken, has acknowledged that the Lower Savannah Council of Governments has been cleared of any violation of its nonprofit status involving its assistance to the GVW study committee.
But in a press release, Ryberg continues to contend that LSCOG “violated the intent of the law” in providing bookkeeping services for the committee, which was preparing for the incorporation referendum. He plans to introduce legislation in January that would prohibit LSCOG’s involvement.
In an Aug. 19 letter to Ryberg, however, the S.C. Department of Revenue determined that LSCOG - a regional planning assistance agency for Aiken County and five other counties - was not lobbying in favor of the referendum as a substantial part of its function of providing accounting activities.
“We engaged in no political activity, and the citation of the law is clear” said LSCOG director Wayne Rogers Wednesday. “We were never involved in the campaign or promotion of the proposed incorporation.
The bookkeeping services were the extent of our involvement. That’s what we did and did not do more, and the Department of Revenue is confident we haven’t engaged in political activity.”
But the spirit of the law was violated, Ryberg insisted Wednesday.
“There was clearly an political consequence to their endeavors,” he said, “when they helped organize a campaign to create a consolidated district, city or town. They were doing that with the intent of it succeeding, and I don’t think that should be the case.”
LSCOG staffers also provided other financial services in handling about $40,000 in donations to the study committee’s planning and early legal efforts prior to the referendum campaign.
Only three companies agreed to be identified publicly by name; other companies and individuals sought anonymity.
Ryberg sought that their names be released prior to the referendum.
Rogers said LSCOG had an obligation to abide by the donors’ wishes, and the Department of Revenue also agreed with that position.
In the letter to Ryberg, attorney Rick Handel said, “There is nothing in the state income tax law that would require the release of contributors’ names.”
However, Handel suggested that Ryberg could ask the attorney general’s office if the names should be released through the Freedom of Information Act.
The letters from the contributors were send to LSCOG as the fiduciary agent, Rogers said.
“We have received no letters from contributors changing their position relative to their anonymity,” he said. “What I’m trying to say is that it would be a violation of trust. I don’t think another individual - regardless of his position - telling us to release the names makes it right.”
Handel also wrote that contributions earmarked for use in connection with legislative activities could not qualify for tax deductions.
Ryberg plans to amend existing law on this issue as well, he said. He called it distasteful “in the ability of certain private individuals to use a public body for anonymous political contributions. These individuals used a law designed to allow gifts to public schools or charities and used it for a vehicle for their political ends. I intend to stop that practice.”
By ROB NOVIT
The Aiken Standard
August 27, 2008
