Thursday, January 26, 2012

DHEC's Savannah Port decision gets spanked by 111 state representatives

Posted by Chris Haire on Thu, Jan 26, 2012 at 1:21 PM

I hate defending Nikki Haley. I really do.

In a perfect world, Gov. Haley would stumble from one muck-up to the next, like the Schlitz Malt Liquor Bull in a china shop. And most of the time she does. And nowhere is that more evident than with this whole Savannah Port-DHEC brouhaha.

See, according to the story we've all been told, DHEC staff rejected a water quality permit that would have allowed the dredging stage of the Savannah Port upgrade to move forward. Georgia Gov. Nathan Deal didn't much like this, so he met with Haley and asked her to urge the DHEC board to approve an appeal hearing. Haley did and DHEC granted the port project a hearing. Then that hearing took place and the DHEC board overturned the staff decision denying the permit. Sometime in or around all that, Haley held a fundraiser in Georgia at a lawfirm with ties to the port, ties which she later lied about. And if you believe the whispers, the whole thing was really about Haley getting a primetime speaking spot at the 2012 Republican National Convention. Whew.

Well, a key part of that story is just wrong. In fact, I'm not sure why anybody keeps reporting it. The truth of the matter is, the DHEC board of directors did not overturn the staff decision denying the permit. That simply didn't happen.

I've talked to DHEC spokesperson Adam Myrick on several occasions about this matter and I've gone over what's supposed to be every single piece of e-mail between DHEC staff and the Georgia Ports Authority staff from Sept. 1, 2011, to Nov. 30, 2011, and the one thing that all of that wasted time and energy indicated was that the DHEC staff met with the Army Corps of Engineers and the GPA and came to an agreement. And only after that decision was made did the DHEC board approve the staff's decision to aprove the port project.

Considering that simple fact alone, there was absolutely no reason for the Senate Medical Affairs committee to hold a hearing in November to find out why the DHEC board reversed the DHEC staff's earlier decision. Why? There was no reversal on the board of directors' part. They didn't change their minds about jack shit. In fact, as much as it pains me to say it, that particular committee hearing is looking more and more like the bit of political theater that Haley said it was.

Given all of that, it's simply not clear why the Medical Affairs committee staged the hearing in the first place — or what they hoped to find? Was it to simply embarrass Haley and to give her a public in-out, in-outing? Or was it a move on the part of her defenders to protect the governor from a possible future investigation since the committee's ruling ultimately declared that the Savannah Port-DHEC decision was all on the up and up? Who knows? Certainly not me. I mean, if the Senate Medical Affairs committee really wanted to get to the bottom of it, why didn't they talk to DHEC staff? They're the ones who reversed their decision, not the board. Ugh.

But one thing is clear, this matter is not settled. In fact, yesterday, the entire state House of Representatives — that's 111 people, folks — voted to nix the deal. Evidently, this theatrical production is just getting underway. I hear that's if all goes well, it'll headline Spoleto this year. Fingers crossed. Fingers crossed.

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It's awfully naive of you to believe that the DHEC staff were not "encouraged" to change their permit decision by the board. The reversal only took place after a meeting with the board where their opinion on the matter was made clear to staff. By forcing staff to do the dirty work the board and the governor can look like they weren't meddling.

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Posted by mle on January 26, 2012 at 3:26 PM

MLE,

It is my understanding that on Oct. 7, COE/GPA requested an appeal hearing with the DHEC board. The DHEC board approved a hearing, although could have denied it. If that had happened, the DHEC staff's earlier Sept. 30 decision denying the dredging project would have stood as the final agency decision. (However, it could be argued that DHEC had to make a final agency decision by Nov. 15 or else they would no longer have authority to reject the plan ... but that is separate legal matter entirely.)

On Wed. Nov. 10, COE/GPA contacted DHEC to request a 9 am meeting with DHEC staff on Thurs. Nov. 11.

On. Nov. 11 DHEC staff met with COE/GPA. There had been no contact between staff and COE/GPA prior to the Nov. 11 morning meeting. This was also the first time the parties discussed how the COE/GPA would address the DHEC staff's concerns with the proposed dredging project.

An agreement was not worked out between the parties until after the separate Board meeting was taking place elsewhere at DHEC.

When the item came up on the agenda, the parties came before the board and said that they had come to an agreement.

The DHEC board then approved the agreement.


Are you saying, MLE, that you know that the DHEC board met with DHEC staff prior to the Nov. 11 DHEC staff-COE/GPA 9 am meeting? If so, please tell us how you came by that info and who we should speak to confirming it.

The point here is that Haley may have control over the DHEC board who she appointed and who she can replace, I would guess, at will, and the DHEC board having control over DHEC staff, who are not beholden to Nikki Haley and were not given their jobs at her request.

I would also think that if DHEC staff was pressured by the DHEC board to accept a deal that didn't address the concerns of DHEC staff, then, well, we'd be reading an entirely different story. Until any members of the DHEC staff come forward claiming that they were pressured by the DHEC board, then there is really no controversy here ... except that DHEC failed — and this is important — to use their position so that S.C. could get an economic advantage on Georgia. It would seem that their crime is that they didn't let politics affect their decision.

That said, if any DHEC staff members come forward, then there's certainly reason for me to change my mind.


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Posted by chrishaire on January 26, 2012 at 4:21 PM

After reading this hearticul, I really have started thinking the real issue is really BURIED under all the peach fuzz on Halley's upper lip. Your question about the unjustified presence of the medical board is fetching... Is there a public health issue of some kind that the Governor has the horrors about that involves some kind of hesitant concession from the state of Georgia to resolve a problem for the state of South Carolina? Is the scraper on Georgia's butt (Savannah, Georgia...that is...) AKA dredging some kind of PAYMENT for an off stage adjustment the Governor does NOT want to become FRONT PAGE NEWS? I think some creative digging will prove the dog's NOSE is tuned to the buried truth of tomorrow's front page news. I BET its sure better news than the bonus scraps pitched to local aircroft assembly bees. THAT was NOT front page stuff and in no way was it even bottom of trashcan news print. I really hope to read about the NEWZ Halley does NOT want to become public information. I bet its yet another example of how South Carolina has screwed the voter. Some Georgia/SC border issues of health consequence are: Savannah River NUCLEAR/CHEMICAL waste storage area is located ON TOP of largest aquafier feeding drinking water supplies of lower SC and SE Georgia. What toxic substances taint our drinking water and what are the poison levels, exactly? Is there a public health threat we have a NEED TO KNOW about? What is the big secret they are hoping to lose in the crap tossed by another name: dredging?

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Posted by Probing-Nose Dog on January 26, 2012 at 8:29 PM

If former Arizona Governor, Janet Neopoliticalano, qualifies to become the head of Homeland Security, can the same be said of Governor Halley? Its obvious, one need not know anything much to head a massive federal agency and present a face to the press...so the SC Governor qualifies. SC has at least as many illegal immigrants (national trespassers) as Arizona. Its as much a border issue in one state as the other though it may as easy for an illegal alien to vote as it is for one to become US President. Is there any reason for concern and a shocked GASP?

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Posted by Dune-Dog Potty on January 26, 2012 at 8:42 PM
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