State drops ethics complaint against former Beaufort Co. official, but it’s not exoneration
The S.C. Ethics Commission has dismissed an allegation that former Interim County Administrator Josh Gruber broke state law when he wrote a secret $24,000 consulting contract for himself, according to an order obtained Friday by The Island Packet and Beaufort Gazette. The order, which indicated the complaint can be refiled, said the commission failed to follow due process in its ethics investigation.
The order dismissing the complaint against Gruber does not exonerate him but says the commission’s letter detailing probable cause failed to specifically tell Gruber, a lawyer, that he could obtain legal counsel. The commission said it dismissed the complaint “out of an abundance of caution,” without prejudice — meaning the complaint can be refiled.
The complaint, filed Oct. 3, 2018, outlined the secret consulting contract written by Gruber and authorized by then-county attorney Tom Keaveny. At the time of the contract, Gruber had already accepted the job he holds now, Hilton Head Island assistant town manager.
Gruber’s contract — which ran from Aug. 6 to Oct. 8, 2018, and didn’t become public until that September — angered many on county council who said it was written in secret, in nebulous language and without council approval. Others have considered the contract a way to pay Gruber after he wasn’t selected for the permanent county administrator job.
The complaint alleged Gruber violated the State Ethics Act when he wrote his contract by using his office for financial gain and failing to adhere to a one-year “cooling-off” period required of public employees before they accept similar work.
On Sept. 19, the Ethics Commission dismissed the complaint after Gruber said the commission’s failure to inform him of his right to an attorney violated due process. The person who filed the complaint, Port Royal resident Mare Baracco, said she received the dismissal order this week.
“I intend to refile this complaint, so Mr. Gruber should not be popping any champagne corks just yet,” Baracco said.
Asked whether the complaint had been refiled, Ethics Commission Director Meghan Walker said she could “neither confirm nor deny the refiling of a complaint in this matter at this time.”
A phone call to Gruber for comment was not returned Friday.
The Gruber Report
Gruber was originally summoned to appear before the Ethics Commission in Columbia on June 20 for a hearing about his contract, but that hearing was continued. No other hearings were held.
Some council members, including Chairman Stu Rodman and Vice Chairman Paul Sommerville, were aware of the contract with Gruber immediately after it was written and defended it, according to emails and minutes of council meetings.
Others, including Brian Flewelling and former councilman Rick Caporale, said they did not know about the contract until an anonymous citizen emailed the council about it on Sept. 8, 2018.
In February, council decided to conduct its own investigation into the contract. The county hired Chester County attorney Joanie Winters to investigate and report her findings.
According to Winters’ report — which includes interviews with current and former county council members and staff — Beaufort County likely broke state law when Gruber wrote the contract for himself. A former public employee “may not for a period of one year after terminating his employment, accept employment if the employment involves a matter in which the former public employee directly and substantially participated during his employment,” Winters wrote.
Ethics Commission
Anyone who suspects a public official of violating state law may file a complaint with the State Ethics Commission. The commission reviews the complaint for evidence of violation. If evidence is found, the complainant and respondent are notified, and the commission sends the complaint to staff to be investigated.
During the investigation, if the commission determines there is probable cause a violation was committed, it will order a hearing before a three-person panel. In the investigation against Gruber, a hearing was called, but never occurred.
According to the commission’s website, if a public official is found guilty of a violation, the commission may recommend disciplinary action, issue a public warning, order restitution, and levy a fine of no more than $2,000. Criminal violations are prosecuted by the Attorney General’s office and can result in a misdemeanor conviction and a fine of up to $5,000, one year in jail or both.
