Clerk of court loses lawsuit
Judge sides with council in audit case, Brown might appeal
MONCKS CORNER — Berkeley County Clerk of Court Mary Brown has lost her costly, four-year court battle with County Council over a special audit into her expenses.
Mary Brown
In an order signed Monday, Circuit Judge Markley Dennis Jr. ruled that Brown did not meet the burden of proof needed to support her claims former Supervisor Jim Rozier and council slandered her, asserted improper control over her office and interfered with her using Department of Social Services funds.
Sandy Senn, the attorney representing the defendants, said the day was long in coming but not unexpected.
"We just believe it was ill-advised — the whole lawsuit — and to this day we still don't understand it," Senn said. "We are happy, however, that the court has ruled in our favor."
Senn said council will decide whether to ask the court to order Brown to pay the hefty fees county incurred over the last four years.
Senn said the exact amount wasn't available Thursday, but the fees, which include legal fees, the cost of the audit and an appeal to the S.C. Supreme Court, are well into six digits.
Past story
Attorneys swap blame in Berkeley County spat; Council, clerk lawyers accuse each other of stalling audit release, published 01/14/08
Meanwhile, the Department of Social Services also will look into whether Brown properly used about $50,000 of its money to help pay for the suit, she said.
Margaret Fabri, Brown's attorney, said that she and Brown are disappointed and that they are discussing a possible appeal.
Brown filed the lawsuit in 2004 after County Council unanimously voted for a special audit of her office, which county officials are still waiting for.
Council became concerned with how Brown was using taxpayer money when it found that she had used a county credit card to buy a $7.13 item at Toys R Us in December 2001 and then bought more than $500 worth of items in stores while at a conference.
The county asked Brown three times to provide documentation to explain the expenditures but Brown refused, according to Monday's order.
The county voted unanimously for the audit, but Brown maintained that the annual county audit was enough, and filed suit. The Supreme Court ruled that the county could go forward with the expanded audit.
According to the order, Brown admitted that she lost her personal debit card and "used the county credit card to pay for some personal expenses." She also admitted that on other occasions she "mistakenly used the wrong credit card" to purchase personal items.
The court order said Brown has not explained certain payments made to her employees, nor has she produced receipts for what she claimed to be reimbursement for county expenses.
Fabri has said that Brown paid the county back promptly while noting that the county did not have a policy at the time prohibiting using the card for personal expenses.
Senn said they still don't understand why Brown resisted the audit, considering there was no proof of illegality.
"For some reason she took offense when she was asked to simply open up her books," Senn said.
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Comments
This article has 24 comment(s)
Posted by lemonhead on August 15, 2008 at 4:15 a.m. (Suggest removal)
she's still clerk of court??
Posted by Tulane75 on August 15, 2008 at 4:55 a.m. (Suggest removal)
"Senn charges an arm and a leg and is known to tack on bogus hours and fees."
I am trying to figure out what Thomas1776 said with the above comment. The first part is subjective and even though it is dumb and without explanation, I suppose it means that lawyer Senn is expensive. Most good lawyers are.
The second part is a baseless and libelous assertion.
Posted by moonpie on August 15, 2008 at 6:44 a.m. (Suggest removal)
Don't forget its County paid for makeup C_B! We the citizens of Berkeley county should demand a better make up artist be provided to Mrs Brown. We also should demand the audit and remove her ass from ofc, and make her pay the county back. But we know none of that will happen.
Posted by ysillyme on August 15, 2008 at 7:49 a.m. (Suggest removal)
It would appear none of the monies spent w/out approval was used for Jenny Craig et al.
Posted by DoaMM on August 15, 2008 at 8:05 a.m. (Suggest removal)
CB, moonpie...that's not an actual photo. It's just an artist rendering of what she looks like in court. Just a really, really bad artist...
good point, ysilly...
Posted by ironhorse on August 15, 2008 at 8:11 a.m. (Suggest removal)
CB, she can't sue because Tammy-Faye Baker is dead.
Posted by keepinitreal on August 15, 2008 at 8:21 a.m. (Suggest removal)
You know the camera always adds 10 pounds! Give her a break.
Posted by jeff61 on August 15, 2008 at 8:32 a.m. (Suggest removal)
You people need to be careful what you post. We now have someone of recent crusing around here looking for untruths to be posted so lawsuits can be filed.
Posted by ysillyme on August 15, 2008 at 8:37 a.m. (Suggest removal)
keepinitreal~
Aint no camera going to add 10 lbs. per sq. inch partner, she's just fat; thats the name of that tune.
Posted by drp7773 on August 15, 2008 at 8:45 a.m. (Suggest removal)
A clerk of court, who uses the wrong credit card, lost her own debit card then used the county card on purpose and what else. And this lady is in charge of what? with what responsibilities? And still has her job? Oh yeah Moncks Corner, my bad..
Posted by number1volsfan1 on August 15, 2008 at 8:48 a.m. (Suggest removal)
I think "big Bubbette" (at Graham Prison in Columbia) is keeping close tabs on this one.
Posted by DoaMM on August 15, 2008 at 8:52 a.m. (Suggest removal)
CB wrote:
"Well then, she needs to stop eating cameras."
Classic dude...an absolute classic...
Posted by luckylady on August 15, 2008 at 8:53 a.m. (Suggest removal)
I wonder how many other people in these types of positions have "mistakenly used the wrong credit card" and have gotten away with it. She should be fired, effectively immediately. I also believe that receipts from credit card purchases should be turned in on a daily basis and signed off on to avoid these things going on for years before someone gets caught. Shame on her!!!
Posted by keepinitreal on August 15, 2008 at 8:55 a.m. (Suggest removal)
ysilly/cb-okay, you got me on that. But when she's behind bars, she'll have time to workout and then we'll all be jealous of her six pack or suitcase. :)
Posted by hotchick on August 15, 2008 at 8:57 a.m. (Suggest removal)
What a great way to start the day. You bloggers are hilarious!
As for the Clerk, she is re-elected because (1)she is related to half the county and (2)people are afraid of her as she is a very powerful woman. I'm not saying that she shouldn't be knocked off her throne, I just know that there are those who are afraid...very afraid....
Posted by keepinitreal on August 15, 2008 at 9:04 a.m. (Suggest removal)
cb-she shoulda stopped by the counter at Belk's to get some wrinkle cream.
Posted by oldglory on August 15, 2008 at 9:09 a.m. (Suggest removal)
Still lmao @CB's first post, not to mention the rest as I finished reading all the comments.
I'm always amazed that people who steal/embezzle/have important positions/in power co-mingle funds with their own. Even a young child would know that pooling money with another child could find a shortaqe in the funds. My evaluation and opinion is that all these people can't count and go into office/a position assuming that all citizens are totally ignorant as well as stupid. They display their distain for 'us' by their actions--they are above us and the law!
Posted by jeff61 on August 15, 2008 at 10:29 a.m. (Suggest removal)
Kind of looks like she got the hose again..
Posted by MissPriss on August 15, 2008 at 11 a.m. (Suggest removal)
ColdBeer and keepinitreal you guys made my morning! You are too funny! Glad your back CB!
DRP- do we really have to pick on M-City like that? It's my hometown... :(
Posted by drp7773 on August 15, 2008 at 11:47 a.m. (Suggest removal)
MissPriss,
I sorry , just had to do it lol but I lived in the city of MC for 2 years then moved to the country till I finished school at Berkeley. I have seen the buddy system in Berkeley County and MC for so long that it is just sickening.
Posted by keepinitreal on August 15, 2008 at 11:59 a.m. (Suggest removal)
misspriss-MC has always been that way. It's not what you know; it's who you know. Well, I'd love to stay and post some more,but my work week ends at noon. PEACE OUT.
Posted by mark29461 on August 15, 2008 at 9:26 p.m. (Suggest removal)
There definitely is a buddy system! Berkeley County's elected officials pretty much seem to hire their friends and family members, so everyone is just like them. Its their way of exerting their power, I guess.
Posted by smalltownrumor on August 15, 2008 at 10:08 p.m. (Suggest removal)
I know you folks like to make jokes and have fun but serious up. It is rumored (and noted in the article) that this woman took $50K of title four federal money to pay a lawyer for a personal law suit. The reason for the audit was because county credit cards were used for personal purchases. If she did nothing wrong, why fight the audit? Please be concerned about taxpayer money and not the color of her hair or her weight.
Posted by jeff61 on August 15, 2008 at 10:23 p.m. (Suggest removal)
We are small.. but what can we do... why has an audit not been done and why would the state allow her to file one and use tax dollars? It think it has been stated that it is peoples belief that she did wrong, but hey we comment and make jokes