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by Dwight Drake
The recent revelations concerning Gov. Mark Sanford’s absence from the state, and the reasons for his nearly week-long absence, have given rise to a variety of reactions, ranging from shock, anger, and compassion to glee.
Whether previously a supporter or not of Sanford, a person would have to have a heart of stone not to feel genuine concern and compassion for Jenny Sanford and the boys.
That he walked off the job for almost a week without so much as making provision for communications in an emergency, has enraged even strong supporters. And as more information is made public, it appears he has yet to be completely honest.
On most issues, I would certainly be counted among Mark Sanford’s opponents. Most recently, I am one of the lawyers for Casey Edwards who brought the law suit over the stimulus bill. Having faced off with the governor more than once, I would confess some sense of vindication. Over the years, it has seemed like there was a disconnect between the governor and the reality of most situations. The vindication stems in part from the fact that the governor has made a practice of taking what he has termed “philosophical” positions, but which are more accurately described as academic, on issues that called for roll-your-sleeves-up, rubber-hits-the-road approaches.
At times, when dealing with tough problems with a broad impact, the governor has seemed fueled by his own ambitions rather than a concern for the well-being of our state. But for my own part, any initial satisfaction has dissipated. Lost in the governor’s confession and our personal reactions are the serious and immediate negative consequences for South Carolina. The governor’s escapade has put South Carolina on the front pages of every newspaper in the land and as the lead story for every other form of media – and the attention is all negative.
In representing BMW and other companies that have located – or considered locating – plants or other facilities in South Carolina, I have learned there are a number of determinative factors that decision makers consider when choosing between states. There are always factors specific to any single project. Taxes are oft-times paramount. The speed with which various permitting and other regulatory decisions can be made is in some cases very significant. Whether timely transportation needs can be met will often be critical in determining whether or not a plant locates in South Carolina. However, there is one issue that is always paramount to CEOs and other decision makers. They expect and need from state government one thing: Stability.
When a company is deciding on a location, the CEOs and decision makers generally have two or three other states under consideration and all are roughly equal in terms on the basic needs of the company. Therefore, the decision gets made on (1) whether the company can expect the governmental leaders, especially the governor, to be depended upon to deal honestly and in a forthright manner; and (2) whether the company can depend on the governor to be able to provide continuing leadership to state government. Unfortunately, the behavior of Gov. Sanford leads only to the conclusion that he cannot entirely be counted on to tell the truth. Nor is it reasonable to expect that that he can in any fashion provide leadership for state government as the story now on the radar of every major news outlet continues to unfold.
The result of this uncertainty and instability is that while Mark Sanford is governor, it is very unlikely that any company is going to give serious consideration, much less make a major commitment to locate in South Carolina. With our unemployment rate at 12.3%, we cannot afford for Sanford to remain in office. Thus, he should resign immediately.
Questions have reasonably been raised as to whether or not Lt. Gov. Bauer is up to the job of governor. It is a legitimate question given the immaturity he has demonstrated while holding office. Life often involves choosing between two poor options. With Sanford, we know he cannot provide the kind of leadership that is desperately needed. We will surely have another eighteen months of instability and uncertainty should he remain in office. With the lieutenant governor, there is at least a chance that he can measure up. Gov. Sanford should resign and at least give our state a chance to have the settled, certain, and stable government that is needed for us to deal with job creation and development.
Dwight Drake is a partner in the law firm of Nelson Mullins Riley & Scarborough LLP. He was a senior aide in the administration of Gov. Richard Riley.
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