BISHOPVILLE, SC (WIS) -
Bishopville City Council members who took a monthly stipend for the past four years are being asked to give it back.
On Tuesday night, council voted down a motion to force members to pay back the money, but the vote may not stand and the members could now be facing ethics violations.
From 2007-2011, Bishopville City Council members and the mayor were given $150 per month extra on top of their salaries. Those payments stopped last year after the state Municipal Association found the city had no right to give council members more money because it wasn't brought before the public first.
The town attorney, Jacob Jennings, says the city has a right to ask for their money back. In a letter last month, Jennings said, "There is no authority for payments of per diem to be paid to council. I conclude they were improperly paid."
Two council members, Craig Nesbit and Wesley Drayton, want that money paid back to the city by June 28, 2013.
"If the funds are not paid in full by the above date stated in this motion, then he or she must resign from their seat of office," Nesbit said.
Councilman Nesbit never received any extra money. Councilman Drayton already paid back the $1,950 he was given. The four other council members and the mayor still owe the city up to $7,200 each.
"You have a conscience on whether you took this money in a right way or a wrong way," said one citizen who showed up to the city council meeting. "Use your conscience."
Since five of the seven sitting council members have not paid back their money, the city attorney says to vote on the motion would be a conflict of interest. But they voted anyway.
Whether or not that vote counts has yet to be decided.
"We all saw it, but I'm thinking no one realy knows what happened," said city administrator Gregg McCutchen.
If the vote stands, the motion failed, but Councilman Nesbit believes the other council members who owe money should not have been allowed to vote in the first place.
"Once that open discussion started then we were in violation at that time," Nesbit said. "The Ethics Commission will be hearing from me in the morning."
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