Surfside Beach councilman loses appeal in ethics case, will pay thousands in fines
A Surfside Beach councilman will have to pay thousands in fines after losing an appeal with the South Carolina Ethics Commission, which determined last year that several ethics violations were committed during the 2016 election period.
Randle Stevens, who is not seeking re-election this year after serving two terms, was found to have committed six violations related to the April 5, 2016, election. The charges stem from campaign disclosure reports that the commission found were not filed correctly throughout the election.
The decision comes after Stevens appealed an October 2018 decision made by the commission where he was found in violation of the same charges. Stevens will pay $2,150 in fines, including a $1,500 civil penalty charge and a $650 administrative fee, within six months. If he does not pay the fines in total, he will be charged $12,650.
On Sept. 19, 2016, Surfside resident Arnold Gargulio filed a complaint against Stevens to the ethics commission on six different counts, including failure to file election paperwork, disclose campaign-related contributions and expenditures and accepting an anonymous campaign contribution.
According to the filing, Stevens failed to file an election campaign disclosure report on March 21, 2016. While he filed an initial report on Feb. 23, 2016, he was required to file another one up to 20 days before the election outlining all contributions and expenditures.
In that report, the commission found Stevens did not disclose a $60 campaign cost for “self made campaign fliers.” He also failed to disclose the full name, address and total contribution amount for a personal contribution, the filing states.
Additionally, the commission found Stevens accepted anonymous in-kind campaign donations in the form of a truck wrap signage.
In his appeal, Stevens claimed the commission violated his constitutional rights by failing to grant him a jury trial and imposing excessive penalties and fines for what he believed were “minor” reporting errors, the filing states.
He also said that he filed his campaign disclosure reports on time and that his acceptance of an anonymous campaign contribution was not deemed reportable, according to the filing.
But the commission, in its filing, stated Stevens was offered the “appropriate due process protections” but availed himself of those rights to instead appear before a Hearing Panel to present evidence, introduce exhibits, and cross-examine witnesses. After that, Stevens was not entitled to a jury trial.
Stevens also received a reduced civil penalty for his violations. According to the filing, he could have faced $2,000 per violation and an administrative fee of $650, for a total of $12,650. Instead, he was fined $2,150.
“(Stevens) was penalized approximately 17% of the maximum amount allowed by law, well within the permitted statutory range,” the filing states. “Accordingly, the fines and penalties imposed were not excessive.”
Further, Stevens was prohibited from using the truck wrap signage because he was unable to determine its origin, the filing states.
The Sun News contacted Stevens for further comment, but he did not respond.
