Hanahan council amends city code on outside counsel and votes to retain Haynesworth firm amid complaints

Hanahan City Council voted on Feb. 11 to amend city code to clarify that the city may retain an outside law firm to provide legal services, and after returning from executive session the council voted to retain Haynesworth, Sinkler & Boyd, P.A. (HSB) as corporation counsel under terms of an engagement letter provided in January 2025.

The ordinance under second reading, described by City Administrator Courtley Solaire as a modernization of city code sections 2-2-10 and 2-2-11, clarifies that counsel may be hired either as an individual or as a law firm on a contractual basis. The measure passed after extended council debate over whether a single, sworn in-house city attorney or an outside firm better protects the city’s interests.

The public hearing drew a comment from Eric Lakiri, an attorney speaking on behalf of developer Ray Wren, who argued the ordinance could improperly delegate sovereign authority to a private firm. “What this ordinance incorrectly does is it delegates the sovereign authority of an official government position to private enterprise,” Lakiri said during the public comment period.

Several council members raised the competing concern that a dedicated individual city attorney promotes loyalty and institutional knowledge. A council member who opposed changing the long-standing practice said it risks “removing that shield, that intelligent voice that can help us manage difficult situations,” while others said the amended language simply gives the council flexibility to choose the best arrangement on a case-by-case basis.

Amid that debate, the council voted to form an investigation committee pursuant to ordinance 2-25 and South Carolina law, appointing Mayor Rainwater, Councilman Adams Furlough, and Mayor Pro Tem Kevin Hedgebeth (as named in the meeting) to investigate matters brought to the council’s attention and to retain independent legal counsel with authority to issue subpoenas. The motion to form the committee passed on the council floor.

After council members went into executive session to discuss interviews, retention and negotiations on legal representation under South Carolina Code 30-4-78(1) and (2), the council returned to open session and voted to retain Haynesworth, Sinkler & Boyd, P.A. as corporation counsel “pursuant to the terms of the engagement letter provided in January of 2025.” The motion passed with the roll-call recorded as: Spurlock — no; Colvin Shea — no; Sally — aye; Dyson — aye; Mayor Pro Tem Hedgebeth — aye; Crowley — no; Mayor Rainwater — aye (vote recorded on the retention motion at the close of the meeting).

Separately, earlier in the evening council approved an appointment from executive session: the body authorized Brandon Gaskins to represent the city’s VCA matter, a motion moved and seconded and approved by roll call.

The council’s actions leave the city with an established outside firm as its corporation counsel while a separate committee proceeds with an investigation and the committee’s counsel is authorized to subpoena witnesses and documents. Council members repeatedly asked that any specific allegations and investigative steps be handled outside public comment to avoid prejudicing ongoing inquiries.

Councilors and staff indicated the ordinance change was intended to reflect decades of practice: the city has used outside contracted counsel for more than a decade rather than appointing a sworn, in-house city attorney. Proponents said the revised language retains the option to appoint an individual where appropriate; opponents said the city should prioritize an appointed attorney sworn to the municipality.

The council voted on related procedural motions during the meeting and indicated the investigation committee would proceed under the powers the council granted it. No further criminal or disciplinary determinations were announced at the meeting.