WIS porn investigation gets county administrator probation, pay - wistv.com - Columbia, South Carolina |

WIS porn investigation gets county administrator probation, pay cut

Posted: Updated:
Some of the emails from Fairfield County Administrator Phil Hinley's government email account. (Source: SLED) Some of the emails from Fairfield County Administrator Phil Hinley's government email account. (Source: SLED)
Fairfield County administrator Phil Hinley, along with taking a pay cut and being placed on 6 month probation, was supposed to deliver a public apology after council disciplined him after a WIS porn investigation into his county email account. Fairfield County administrator Phil Hinley, along with taking a pay cut and being placed on 6 month probation, was supposed to deliver a public apology after council disciplined him after a WIS porn investigation into his county email account.
Fairfield County council met a standing room-only crowd for Monday night's meeting. Fairfield County council met a standing room-only crowd for Monday night's meeting.
FAIRFIELD COUNTY, SC (WIS) -

A WIS investigation into allegations that the Fairfield County administrator had disseminated pornography from his tax payer-funded computer has ended with county council imposing a pay cut and disciplinary actions against Phil Hinley.

Council voted last week to cut Hinley's $130,621.40 annual salary by five percent, placed him on probation through the end of the year and ordered the county internet technology staff to monitor Hinley's email.

The June 5 council resolution also required Hinley to issue a public apology, but that hasn't happened as of this report.

At Monday night's council meeting, Hinley and the county council heard from a line of voters, all chastising council and Hinley over the issue. Not one person who signed up to speak defended Hinley or council's disciplinary decision.

Council faced a standing room-only crowd as council chairman David Ferguson gaveled the meeting to order Monday.

"Hinley was caught in a scandal and instead of being properly sanctioned or asked to step down for what he did, he takes a five percent pay cut. A five percent pay cut from a salary of over $130,000 a year," Winnsboro business owner Christina Fair told Hinley and council. "Five percent off that is nothing."

"I realize that you would like for Mr. Hinley's alleged, reprehensible behavior to just go away," former Fairfield County employee Bob Carrison told council. Carrison said he worked for Hinley during his 13 years with the county. Carrison accused council of waiting for public pressure before acting on the evidence State Law Enforcement Division agents handed chairman Ferguson nearly three months before.

"I was sorely disappointed when you approved council's remedy, an insignificant, unenforceable probationary period," Carrison told council. Carrison noted the only way anyone could enforce Hinley's email probation would be to examine every email sent and received by his county email account. "How can we ever regain a sense of trust in this man?" Carrison asked.

"That's embarrassing the county and its constituents," Fairfield County voter Wanda Bright told council and Hinley. "Mr. Hinley should be setting an example for professional conduct, not professional misconduct."

County Council chairman David Ferguson, who met with SLED agents in February and viewed every piece of evidence in the file, admitted Monday night that the accusations against Hinley were true, "Did Mr. Thinly make a mistake? Yes he did. Has council addressed it? Yes we have. Is council going to go back and readdress is? No they're not. It's just that simple," Ferguson told voters during Monday night's council meeting.

"I'm catching hell from everybody," Hinley told WIS after Monday's meeting. Hinley continued to deny the allegations that he sent and received pornography via his county email account. Hinley said he had nothing to say to the people who lined up to speak out, "No, I can't convince them."

Hinley told WIS he would not turn his email records over after his attorney demanded a $29,395 payment to inspect the administrator's taxpayer-funded email account. Hinley's personal attorney estimated the cost after we filed a Freedom of Information Act request in April.

"I will produce them. You pay and we'll produce them, just that simple," Hinley told WIS after Monday night's meeting.  

PORN INVESTIGATION

In February, State Law Enforcement Division agents closed an investigation into administrator Phil Hinley's county email account after agents got a string of emails from an informant. The emails were sent from Hinley's "fairfieldsc.com" account, which is a tax payer provided account for all county employees.

SLED closed its case on Feb. 21 after finding all the actors in the pornography appeared to be above 18 years old. SLED and the county solicitor could only file criminal charges had anyone under 18 years old appeared in the files, but that was not the case. SLED records show, on Feb. 21, two agents met with Fairfield County chairman David Ferguson and handed him the Hinley email records.

Ferguson confirmed to WIS he met with the agents and was handed the file, but did not discipline Hinley. Fairfield County policy prohibits pornography-related material on county servers, but Ferguson said Hinley was not subject to the employee conduct rules because he was a "contract" employee.

The emails in the SLED file show that between July and December 2010, pornography files from Hinley's address contained photographs and videos. The SLED file shows 18 emails, all containing either pornographic pictures or videos. We filed a Freedom of Information Act request on April 9, asking the county to provide access to Hinley's email account. Hinley wrote back that "his attorney" would be contacting us about the request.

$29,395 FREEDOM OF INFORMATION ACT CHARGE

In a letter dated May 10 and again on May 14, WYCHE law firm attorney John Moylan, III wrote that not all of Hinley's emails were public record, but the firm would charge us to go through Hinley's account and pull out what they believed were not public. The firm estimated 5,130 emails and 25,000 pages were contained in the Hinley account that our FOIA request asked for.

SC open records attorney Jay Bender said, Moyland's charges for going through Hinley's email account are not allowed under the SC Freedom of Information Act. "The county cannot charge you, and this lawyer cannot charge you to examine the records to see if they may be withheld," Bender told WIS.

South Carolina law requires all public bodies to provide the public access to public records. The FOIA was designed to ensure public business is handled in an open, public and transparent manner. In this case, Bender thinks Fairfield County is allowing the administrator's personal attorney to block access to Hinley's public email account, "They must have a budget shortfall in Fairfield County," Bender said, "It's clear the effort is to stop you from getting public records."

On April 8, we went to the Fairfield County council meeting to question Hinley and Ferguson about the SLED investigation. Hinley constantly denied sending or receiving any of the emails, "Were you viewing pornography on your county computer?," reporter Jody Barr asked, "Hell no, no," Hinley responded. "You never sent anything?," Barr followed up, "Hell no, no," Hinley answered.

"It says right there-nothing charged-there's no pornography. That's bull----, man. You're crazy," Hinley said, pointing to the SLED case status report we asked him to read.

Bender thinks, the $29,395 charge to see Hinley's email records was designed to keep the emails out of the public. "What would be your best advice to Fairfield County, reading over what we've shown you today," Barr asked, "Get real. Read the law and follow it," Bender said.

Despite the fact that Hinley's personal attorney has responded to our Freedom of Information Act request, we have not received any formal response from Fairfield County. The deadline for a response from the county has passed, which deems our request approved and Hinley's emails open to the public.

WIS is still waiting for Fairfield County to comply with the law and turn the public records over.

Copyright 2013 WIS. All rights reserved.

Powered by WorldNow