Staff Report
Published Nov. 5, 2009
The S.C. Supreme Court ruled today that Gov. Mark Sanford has waived all confidentiality in the state Ethics Commission’s investigation into his alleged misuse of state resources.
But the court also ruled that it will not intervene in the case and require the commission to give lawmakers a copy of the report, as House Speaker Bobby Harrell has requested.
In denying the confidentiality request, the court pointed to Sanford’s Aug. 28 letter to the commission, in which he stated he would waive his right to confidentiality.
“In an effort to once again go the extra mile, I would like to waive my right to confidentiality in your upcoming ethics probe,” the letter said.
The justices said that the governor knew his rights and that the language does not specify a limited waiver of those rights.
“The governor asserts, however, that his Aug. 28 letter effected a ‘limited’ waiver of confidentiality, and his expectation was that only the existence of an investigation and the contents of the complaint would be made publicly available. We disagree,” the justices wrote in their opinion. “The intent of the Aug. 28 letter — which Gov. Sanford himself signed and was written on the governor’s letterhead — is clear from the letter’s plain language.”
They also said the governor characterized this waiver as a “unilateral step.”
“Gov. Sanford’s Aug. 28 letter did not limit the waiver in any way, shape or form,” they said. “It did not reference the very specifically delineated restrictions.”
In addition, the governor specifically stated that the waiver was “my decision.” The court ruled that the language the governor used regarding “fighting for transparency,” disclosure and the reference to travel records indicates his intent was to “waive confidentiality without limitation.”
Sanford’s troubles began this summer, after he returned to South Carolina from Argentina and admitted he’d been having an extramarital affair there. Questions have since swirled around the governor’s use of state resources and personnel. The Ethics Commission is investigating whether Sanford broke state law by flying business class instead of coach or by his use of state and private planes.
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