Area fire fees vote violated ethics act

Two members of New Ellenton Town Council violated the Ethics Reform Act when they voted to increase fire fees when it affected their economic interest, according to the State Ethics Commission.

The commission concluded that Councilmen Mike Kellems and Ricky Foster, who are chief and assistant chief of the New Ellenton Volunteer Fire Department, respectively, violated Section 8-13-700(B) when they voted in favor of an increase in fire fees.

That section of the Ethics Reform Act prohibits participation by a public official in actions involving his or her economic interest, and the Ethics Commission found that the town's fire fees include the salaries of both men.

Fire fees are levied against property owners in a fire department district to fund services the department provides.

New Ellenton Mayor Vernon Dunbar said Tuesday that the Town Council members thought they were correct in how they proceeded on the vote.

Both Kellems and Foster wrote in the consent orders that they were advised by the city attorney that it was OK for them to cast a vote on the matter.

"Since there was not a proposed increase for my salary in this budget year, I did not see this vote as a personal gain," Kellems wrote.

As a result of its findings, the Ethics Commission has issued a public reprimand to both men but its findings will not appear to have any bearing on the town's fire fees as they currently stand.

After giving the fire fee increase unanimous approval, the Town Council forwarded the issue to Aiken County Council for final approval.

New Ellenton had proposed a sliding scale for fees based on the assessed value of homes located outside of New Ellenton city limits.

But, the County Council tossed the sliding scale and instead approved a fee structure capped at $100 for homes assessed at $120,001 and higher.

Dunbar said that since the graduated schedule presented to the County Council was not adopted, the vote by New Ellenton Town Council to approve it seems to be voided.

"The new fire fees will go into effect in January," he said.