Moral turpitude: Gov. Haley declares Richland seat held by Councilman Washington vacant

Gov. Nikki Haley on Wednesday removed Richland County council member Kelvin Washington from his seat on the Richland County Council.

Haley said she was declaring his Lower Richland council seat vacant because Washington had recently been convicted of the crime of failure to file state income tax returns for three years.

Under state law, the governor has the authority to declare vacant the seat of any county or state official “convicted of a crime involving moral turpitude,” according to the governor’s office.

Failure to pay income taxes is a crime involving moral turpitude, Haley’s office said Wednesday.

The goveror’s office based its action on an Attorney General’s opinion it received earlier Wednesday. The opinion cited ample precedents for declaring failure to file income tax returns a crime of moral turpitude .

Washington pleaded guilty last month to misdemeanor charges related to failure to file state income tax returns and pay taxes. Judge J. Mark Hayes ordered him to pay a $2,500 fine and $1,000 in court costs and gave him probation in lieu of jail time.

Washington also is facing a felony DUI charge and has been absent from the past two council meetings.

Bernice Scott, who represented Lower Richland for 20 years on Richland County Council for years and is Washington’s mother-in-law, filed for the District 10 seat this morning.

“It’s not surprising,” said Scott, when told by a reporter of the governor’s decision. “I’m still running. That’s why you’ve got lawyers. Let it take its course.”

Just a few minutes earlier, Scott said that if Washington were to file, she would take her name out of the pool.

Scott retired in 2008, and Washington won the seat. Filing opened at noon Wednesday. Scott filed as a Democrat.

During last month’s hearing at the Richland County courthouse, asked by Judge Hayes if he had anything to say, Washington, 52, said he had lost track of paying his income taxes during a time of personal and professional change.

“It was a combination of the minutiae of life, transitioning from working at the state Department of Transportation to private industry, and also taking care of the community – I didn’t just take care of my personal stuff,” Washington told a reporter after the hearing.

Washington, who once served as county council chairman, also told a reporter he “most definitely” apologized for his actions.

Washington, who holds a degree in electrical engineering from S.C. State University, worked 25-plus years for the S.C. Department of Transportation in engineering and planning. Now retired from DOT, Washington is a self-employed consultant in public relations and transportation.

This story was originally published March 16, 2016 at 12:43 PM with the headline "Moral turpitude: Gov. Haley declares Richland seat held by Councilman Washington vacant."