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Lawsuit seeks to void $1 million payout to fired county administrator based on text messages

Suit seeks redacted portions of texts between Gerald Seals and council member Dahlia Myers during negotiation process

COLUMBIA, S.C. — Papers were filed today in Richland County Court regarding the $1 million settlement between the Richland County Council and its former administrator Gerald Seals.

RELATED: $1 Million Settlement Approved for Fired Richland County Administrator

Attorney Joe McCulloch filed for the Plaintiff William Coggins against defendants Richland County Council and former county administrator Gerald Seals asking for copies of unredacted portions of text messages between Seals and Richland County Council Member Dahlia Myers. The texts between Seals and Myers are part of an argument that would invalidate the $1 million payment that Seals received after he was fired by the Council.

RELATED: Richland Administrator Fired for Second Time by County Council

According to the filing, Myers counselled and advised Seals via text on negotiating payment from Richland County that she would later approve. In doing so, the papers say "Myers' advocacy for Seals is arguably both a violation of Richland County's Code of Ethics and a clear conflict of interest that she never disclosed even as she voted to approve the payment."

Portions of the text messages between Myers and Seals are included in the court document show how Myers was involved in getting Seals the money package:

Texts Between Myers and Seals on May 14, 2018 

[Richland County Council enters executive session at 2:35 p.m.]

Myers to Seals (3:36) 

"DO NOT REVEAL YOU KNOW THIS ... choose how much you'd take if you got your job back and IF you are willing to move slightly off 1.4" 

[Richland County Council comes out of executive session at 3:38 p.m.] 

[Richland County Council recesses at 3:39 p.m.] 

Myers to Seals (3:47) 

Force and up or down on your cash out 

[Richland County Council reconvenes and goes back into executive session at 4:00 p.m.] 

Myers to Seals (4:10) 

$985,000 

Seals to Myers (4:12) 

You recommend? 

[Richland County Council comes out of executive session at 4: 13 p.m.] 

Myers to Seals (4:14) 

Yes. If you agree. Or counter with a million. 

Myers to Seals ( 4: 16) 

No confidentiality agreement 

Myers to Seals (4:39) 

OK? 

Seals to Myers (5:49) 

They slipped in a clause to bar future employment or counseling. 

Myers to Seals (5:50) 

It's standard. It's coming out. Let them remove it. 

Seals to Myers (5:51) 

Removed. 

[REDACTED] 

Myers to Seals (5:58) 

Okay? 

Seals to Myers (6:00) 

Signed. 

[REDACTED] 

Seals to Myers (6:06) 

Please make it is known as 1 million dollar settlement. 

Seals to Myers (6:06) 

Press 

Public 

Employees 

[REDACTED] 

According to court papers, the text messages were exchanged while Myers was in executive session with other Richland County Council members discussing Seals' payment. 

"At no time has Myers publicly disclosed her advocacy for Seals or her role in inflating the payment from Richland County to Seals," says the document.

Here's the full document.

Attorney Joe McCulloch filed for the Plaintiff William Coggins against defendants Richland County Council and former county administrator Gerald Seals asking for copies of unredacted portions of text messages between Seals and Richland County Council Member Dahlia Myers.

Hours after the court papers were filed on Monday, Council member Dahli Myers defended the $1 million payout to Seals, saying "Had he sued the County, Seals would have gotten significantly more than his negotiated settlement in a court of law" and "At all times, I was working to protect Richland County and its taxpayers. I still am."

RELATED: Richland County Council member responds to lawsuit

BACKGROUND

Seals was awarded just over $1 million after the county fired him, citing that the administrator had:

  • transferred management of Richland County’s Penny Tax Program from a consortium of private companies to the county administrator without authorization or notifying council members
  • purchased property before consulting the council, or hearing from the public, for the Richland Renaissance plan. The overall plan was an effort to move and consolidate Richland County administrative offices from Hampton Street to Columbia Place Mall on Two Notch Road, build a new judicial center at Hampton Street, and sell the judicial center on Main Street.

RELATED: 'We're not working in the Trump Administration' | Richland County Administrator Fired

Seals was to receive a $800,000 buyout on top of a year’s salary of $184,000, six months of health insurance in exchange for promising not to sue Richland County Council or individual council members.

The April 2018 vote to fire Seals was a close one – 6 to 5.

Council members Norman Jackson, Gwen Kennedy, Paul Livingston, Jim Manning, Greg Pearce, and Seth Rose voted to fire Seals; Joyce Dickerson, Chip Jackson, Bill Malinowski, Yvonne McBride, and Dahli Myers voted against firing Seals.

The vote for the settlement, in May 2018, was 5-4 with Manning and Rose not present for the vote.

Seals, a former Greenville County Administrator, was appointed interim administrator in July 2016 and officially hired as Richland County Administrator in December 2016, replacing Tony McDonald.

RELATED: Richland Co. Administrator Fired Twice & Still Getting Paid

RELATED: Richland Administrator Fired for Second Time by County Council

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