DI's Rep. Jim Merrill indicted on multiple misconduct/ethics violations
State House Representative Jim Merrill of Daniel Island knew there was an investigation underway by First Circuit Solicitor David Pascoe into alleged conflicts between his private work as a public relations consultant and his duties as a state lawmaker. But last week, he learned the full extent of the accusations against him.
Merrill, who represents District 99 in Berkeley and Charleston Counties, was indicted on December 14 in a Court of General Sessions by the Richland County Grand Jury on 30 counts – two for misconduct in office and 28 for violations of the Ethics, Government Accountability, and Campaign Reform Act of 1991. As a result of the indictments, per state law he has been suspended from the House of Representatives pending the outcome of the case.
“At this point in the process, the indictments are mere accusations,” stated Pascoe, in a news release. “Mr. Merrill is presumed innocent until proven guilty. I also need to point out that this is still an ongoing investigation. Therefore, I will have no further comment regarding this matter.”
Merrill is accused of misconduct in office (two counts); offering, giving, soliciting or receiving something of value to influence a public official (three counts); using his official position or office for financial gain (nine counts); failing to report or file with the appropriate supervisory office statements regarding economic interests related to lobbyists or lobbyist’s principal (10 counts); acting as a lobbyist while holding office (two counts); and various charges related to campaign contributions and activities (four counts).
In a statement to The Daniel Island News, Rep. Merrill denied any wrongdoing and asked his constituents not to pass judgment until the facts of the case are presented.
“While I would like nothing more than to address the unfounded and misleading accusations made against me publicly, the prosecution has forced me into a position where I must now defend myself within the confines of the legal system,” stated Merrill, who added that he is unable to comment in detail about the charges against him.
The 30-page indictment accuses Merrill of accepting money from various organizations through his company, Geechie Communications, and then allegedly influencing government decisions or legislation that would benefit them – a violation of state law. The tally includes $391,174 from the South Carolina Association of Realtors, $282,693 from the Charleston Visitors Bureau, $35,000 from Infilaw Management Solutions, $24,000 from the S.C. Trial Lawyers Association, more than $31,000 from the S.C. Manufactures Alliance, and $37,000 from the S.C. Association of Convenience Stores. The indictment also alleges that Merrill accepted more than $172,000 in funding from the Daniel Island-based Student Transportation Association (STA) “in exchange for using his position as a public official to influence legislation” benefitting STA. Additionally, Merrill is charged with a number of alleged financial transgressions related to his work with the House Republican Caucus and the Palmetto Leadership Council. The indictments go on to claim Merrill’s actions constituted “official misconduct, fraud, corruption or habitual negligence.”
According to Rep. Merrill, Geechie Communications provides marketing and public relations services for clients. He has stated previously in published reports that he does not believe this work conflicts with his legislative duties. Merrill’s attorneys, Matthew R. Hubbell and Leon Stavrinakis, who is also a member of the State House of Representatives, issued a statement on his behalf following the indictments last week.
“Representative Jim Merrill adamantly denies the charges brought against him by Solicitor David Pascoe,” wrote Hubbell and Stavrinakis. “He has served honorably and in good faith as a part time member of the General Assembly. For over 20 years, his vocation and livelihood has been in the field of advertising, direct mail, and public relations.”
“Contrary to the flawed allegations made today, the work performed by Jim Merrill’s private company was completely legal and legitimate,” they continued. “Solicitor Pascoe has charged Representative Merrill for conduct that is not illegal under South Carolina law. In fact, the charges include conduct that has been declared legal in written opinions by the South Carolina Attorney General, the bi-partisan House Ethics Committee, and the State Ethics Commission.”
Hubbell and Stavrinakis also stated that Merrill “acted in good faith” and that he looks forward to defending himself in court. Merrill added in his statement that many of the clients named in the indictments have commented publicly that they contracted with him for “the valid and legal professional services” that his business has been engaged in for two decades, and “not for any unlawful influence nor any illegal use” of his official office.
Merrill has served in the State House since 2001 and is a former House Majority Leader. According to the State legislature website, he is currently a member of the House Ways and Means Committee. Merrill earned a bachelor’s degree in 1989 and a master’s degree in public administration in 1992, both from the University of South Carolina. In 2008, just after stepping down from his Majority Leader post, Merrill told the Daniel Island News that he had sponsored or co-sponsored more than 1500 general bills or resolutions in his first seven years in office with the House of Representatives. Nearly 1200 of them passed. Some of the issues he has championed during his 15 year political career include the relocation of a planned new port facility from Daniel Island to the former Navy Base in North Charleston, reforming government by cracking down primarily on contract lobbyists and government-paid lobbyists, swapping property tax revenues with sales tax as a way to pay for schools, and establishing measures to protect the environment, such as issuing tax credits for those who utilize solar energy.
“I respectfully ask that the great people of Mt. Pleasant and Daniel Island, who have humbled me with their trust over the years, allow me the opportunity to present my side of the story before passing judgment,” added Merrill. “Unfortunately, that will require some patience because although I initially attempted to clear these issues up voluntarily and without the use of an attorney, it must now occur in court. In the end, I have no doubt their patience and faith in me will be justified.”
According to the release issued by Solicitor Pascoe’s office, a bond hearing date for Merrill’s case has not yet been set.
