Horry Council Chairman Gardner faces 6 counts of ethics violations for 2018 election win
South Carolina ethics officials have formally accused Horry County Council Chairman Johnny Gardner of state ethics violations stemming from his 2018 campaign for chairman.
Gardner faces six counts of ethics violations related to illegal campaign contributions and failing to report loans to his campaign, according to documents from the South Carolina Ethics Commission.
He could face an Aug. 19 hearing or could admit wrongdoing and pay a fine in the meantime, according to state law, which would take the place of a hearing.
A notice of hearing from the Ethics Commission means that state investigators received a complaint and found probable cause, leading to the charges. The six charges, filed March 18, are:
- In his 2018 pre-election campaign disclosure report, Gardner allegedly failed to report a $20,000 loan from Anderson State Bank.
- In his July 2018 quarterly campaign disclosure report, Gardner allegedly failed to report a $8,700 contribution from business associate Luke Barefoot. In this instance, Gardner is also accused of accepting a contribution greater than $1,000, which goes against state law.
- In his October 2018 quarterly campaign disclosure report, Gardner allegedly failed to report a $50,000 loan from Anderson State Bank.
- In his April 2019 quarterly campaign disclosure report, Gardner allegedly failed to report a $1,200 donation from the developer Randy Beverly. In this instance, Gardner is also accused of accepting a contribution greater than $1,000, which goes against state law.
Gardner did not respond to several calls from The Sun News to respond to the allegations.
Gardner, a well-known defense attorney, will have a chance to hire an attorney, call witnesses, present evidence and cross-examine any witnesses at the state’s hearing in August, if he chooses to have one. According to the complaint, Gardner was notified of the charges on March 18.
The charges, which originated in Richland County, came from a February 2020 complaint filed by Myrtle Beach resident William Martin. In that complaint, Martin, a former political operative, accused Gardner of inappropriately receiving and repaying loans to his campaign and failing to file campaign contribution reports with the Ethics Commission.
The Ethics Commission ultimately charged Gardner with violations similar to those outlined in the complaint, though the facts of each differed widely.
Martin said Tuesday he could not comment on the accusations against Gardner.
Missed deadline to file forms
Gardner, a new politician at the time of his election, was first elected as chairman of County Council in 2018 after a close race with then-chairman Mark Lazarus. Political observers described Gardner’s victory as an upset, and he was as surprised to win as Lazarus was to lose.
Gardner ultimately won by 113 votes, beating Lazarus 12,426 to 12,313.
Earlier in 2020, Gardner missed a deadline to file state ethics forms, The Sun News reported. At the time, he said he missed that deadline because he was campaigning and it was a “low priority,” but he filed the reports after The Sun News inquired about them. He said it was an oversight to miss the deadline and that he wasn’t trying to hide anything. Other documents Gardner filed with the Ethics Commission showed that he owed thousands of dollars in a loan from his law firm.
Since becoming chair, Gardner has not been a stranger to controversy. Shortly after taking office in 2019, Gardner beat back a state law enforcement complaint, and later was part of an effort to oust the county administrator, Chris Eldridge.
Dennis DiSabato, the vice chairman of Horry County Council, declined to comment on the accusations against Gardner but said he’s ready to fill the role as chair if needed.
“If he’s unavailable, I’m ready to stand in and lead the county but I don’t think its appropriate for me to comment on his ethics concerns,” DiSabato said.
Gardner will be up for re-election in 2022.
This story was originally published March 23, 2021 at 6:20 PM with the headline "Horry Council Chairman Gardner faces 6 counts of ethics violations for 2018 election win."
