FEB. 17, 2012 – Seven months ago, Lt. Gov. Ken Ard signed a consent order admitting 107 counts of violating state ethics rules by using campaign funds for personal items after his November 2010 victory. In the order, Ard agreed to pay a $48,400 ethics fine — the second largest in the state’s history. Ard also agreed to pay $12,500 to reimburse the state for its ethics investigation and $12,121.35 to his campaign account for personal expenses.
Seven months ago, state Attorney General Alan Wilson sent Ard’s case to the statewide grand jury to review whether any criminal charges would be brought.
Since then, the people of South Carolina have heard virtually nothing.
His communications director isn’t talking: “That’s not something the lieutenant governor is able to comment on.” His lawyer isn’t returning calls. And the attorney general’s office is mum: “This office is prohibited by law from commenting on matters that are before the state grand jury,” a spokesman said.
And oddly, the Statehouse gossip mill isn’t churning: “We’re not even hearing rumors, which is even weird around here,” one insider observed.
As best as can be determined, the state grand jury continues to meet monthly on the matter and continues to probe. And Ard, disgraced and reprimanded, continues to put on a purple robe when the state Senate is in session to serve as its presiding officer.
This is not a good way for government to run. The whole mess has created an untenable situation that the public needs resolved. People deserve more than to be kept in a holding pattern about whether the state’s number two officer is going to face criminal charges. As South Carolina continues to try to attract new businesses and move about its business, it’s not helpful for her lieutenant governor to have a black eye that doesn’t seem to ever go away.
Heck, the lieutenant governor deserves better than to face the constant strain of wondering what’s going on. Remember, he’s faced the music at the state Ethics Commission and paid more than $72,000 in fines, costs and reimbursements for his post-election spending spree on fuel (18 expenditures over 50 days), meals (42 expenditures), lodging in five cities, football tickets, airfare, limo services, clothing (including a dress for his wife, men’s shoes, a jacket, pants and two T-shirts), cell phones and computer equipment (including a Playstation 3, flat screen TV, iPod Touch and two iPads).
So here are the options.
First, Ard could resign and deal with the situation as a private citizen. Then the Senate would shuffle into action because its president pro tempore would rise to fill the lieutenant governor’s shoes. (The current occupant of that job, Senate Judiciary Committee Chairman Glenn McConnell, R-Charleston, reportedly doesn’t want the number-two job and would resign so that another person could be elected president pro tem and then become lieutenant governor, but that’s drama for another day.) Under this option, the Charlie Brown-like cloud that’s been raining on Ard would dissipate. Whispering and acting as if nothing were wrong would be over (as much as it can be in Columbia). Things would return to what goes for normal.
Second, we can keep waiting. If Ard is not indicted, the cloud would go away, but his effectiveness would forever be in question because of the $72,000 black eye he got from the ethics probe. If he is indicted, he very likely would be suspended on the constitutional grounds of “moral turpitude” until he was acquitted. If later convicted, he would be removed from office.
Third, the grand jury can issue its report — and sooner rather than later.
While it would be best for the state for Ard to resign, it’s easy to understand why he wants to stay on. More than likely, he feels he has paid the price for a bunch of dumb mistakes and a misunderstanding of what campaign funds can be used for. More than likely, he doesn’t believe he had criminal intent to defraud.
Regardless, one thing is for sure: it’s time for the whole thing to come to a head so we can all move on.
Andy Brack, publisher of Statehouse Report, can be reached at: brack@statehousereport.com.




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