Berkeley County civil service panel delays hearings, affirms FOIA timeline after recusal and eligibility disputes

The Berkeley County Deputy Sheriff’s Civil Service Commission on April 8 debated recusals, a Freedom of Information Act request and promotion-eligibility decisions and ultimately postponed a requested hearing while rescinding a prior eligibility action.

Why it matters: The disputes center on whether a promotion eligibility date for a deputy should be backdated, whether a commissioner must recuse because of family ties and private emails, and how quickly the county clerk must produce records requested under FOIA. The commission’s handling affects who may take an upcoming sergeant promotional test and could expose the county to further litigation if not handled in open session.

President John Buck opened the special meeting saying the panel convened to schedule follow-up on items that arose since the March 31 meeting. Buck proposed suspending the rules to take certain items out of order; the commission later approved suspending the rules after a second and vote.

Commissioner Jim Moffett then acknowledged he had been asked to recuse from two items because, a speaker said, Moffett had exchanged “several disparaging remarks” by email to a commissioner and to a commission member’s son. Commissioner Dobson (a member of the commission) said the emailed material and texts are now the subject of a FOIA request and that, out of courtesy, he would not read the messages at the meeting. Moffett said he did not recall making disparaging remarks and said he would recuse “from those two items.” He said he would “allow it to move forward.”

Corporal Steven Dobson (Berkeley County Sheriff’s Office), who asked the commission on April 1 for a new hearing related to a prior grievance about Corporal Philip Butcher, asked that a new hearing be scheduled. Buck moved to set a hearing date for Dobson’s April 1 request, but the motion received no second and failed. Later in the meeting Buck moved to postpone the Dobson hearing request (agenda item 20250010) to “the meeting of April ’25”; Commissioner Moffett seconded and the motion carried.

County clerk and FOIA timeline: The commission discussed a FOIA request Corporal Dobson filed April 1 seeking correspondence, meeting materials, transcripts, promotion test scores and related records connected to Corporal Butcher’s grievance. The county clerk acknowledged receipt and told the commission the clerk will provide documents; the clerk said the office intends to complete production no later than 5:00 p.m. on April 23, 2025, noting an internal extension granted to one commissioner to provide materials to the clerk by 5:00 p.m. April 18. The clerk asked the commissioners how they prefer to review responsive records so that a quorum is not formed informally while reviewing documents in person.

Promotion eligibility dispute and prior motion rescinded: Commission members debated whether a decision recorded at the March 31 special meeting correctly set Corporal Butcher’s date of rank. Administrative staff reported the vacancy date tied to a lieutenant’s resignation was Feb. 11, 2022, not March 11, 2022, and that using the March 11 date could be incorrect under the judge Wilkes ruling cited in earlier litigation. Several commissioners warned that backdating a promotion or allowing a test for a person who was not eligible on the vacancy date could invite litigation. Lieutenant William Christian, who participated in earlier litigation over promotion rules, told the commission that the prior lawsuit and Judge Wilkes’s order inform the commission’s current standards and cautioned against creating conditions for another suit.

During discussion, a commissioner moved that the commission acknowledge it acted in error and rescind the March 31 action that had effectively backdated an eligibility date. That motion was seconded and carried unanimously.

Sergeant promotional test: Commissioners and department staff discussed a sergeant promotional test scheduled for Thursday, April 17 at 9 a.m. The commission and staff agreed to put test scheduling and possible cancellation or amendment on the agenda for the regular April 16 meeting, since changing the test date was not on the special meeting’s posted agenda and could not be decided without proper notice.

Other actions: The commission voted to close agenda item 20250008 (the request for information why a hearing was not given in October 2023) after discussion; Buck made the motion and it passed. Corporal Dobson told the commission he would withdraw his grievance “and reserve the right” to refile if circumstances change.

What’s next: The county clerk will gather responsive FOIA records and plans to provide them by April 23, 2025. The commission postponed action on Dobson’s hearing request to the April meeting and rescinded the March 31 eligibility action; members said they will place test scheduling and related procedural items on the April 16 agenda to avoid violating the Open Meetings Act.

Corporal Steven Dobson provided a written statement for the record and indicated he would submit it to the secretary; Commissioner Dobson and other members said they want hearings and records to be handled with full notice and participation by affected parties and the department to minimize risk of litigation.