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Alan Wilson
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Attorney General

December 17, 2018

The Honorable Charlie Condon

Santee Cooper Board, Chairman
1 Riverwood Drive
Moncks Corner, South Carolina 29461

Dear Chairman Condon:

First, let me officially congratulate you on being appointed by the Governor to chair
the Santee Cooper Board (board). Now more than ever our state needs a steady and experienced
hand at the helm of that critically important agency.

I write you today in reference to the December 13 article in the Post and Courier that
details budget discussions at the most recent board meeting. Your concerns relate to the amount
of the agency's 2019 budget being allocated for criminal defense expenses. As the state's
Attorney General, and as an ex officio member of the advisory board of Santee Cooper, I join
you in these concerns and am deeply troubled about the appropriateness of these fees and
expenses. This office has issued several opinions concluding that the use of public funds for
criminal defense expenses may violate the state constitution. It is important that the rule of law
be followed and that the lax payers and rate payers be protected.

I believe the advisory board as established in § 58-31-20 has a statutory obligation to

review this matter and advise the board. 1 ask that you seek approval by the board to refer this
matter to the advisory board so that further discussions can be had before these funds are fully
allocated and paid. Additionally, 1 would ask that you request the board to withhold further
payments to criminal defense attorneys until the advisory board has an opportunity to review the
legality of this matter.

I appreciate your time and attention and look forward to working with you and other
board members on this issue.

Sincerely,

Alan Wilson

Ri mhi in C. Dennis Buildinu • Post Office Box 1 1 549 • Columbia. SC 2921 1-1549 • Telephone 803-734-3970 • Facsimile 803-253-6283
 Cc: The Honorable Henry McMaster
The Honorable Curtis Loftis
The Honorable Richard Eckstrom
The Honorable Mark Hammond

Rembert C. Dennis Building • Post Office Box 1 1549 • Columbia, SC 2921 1-1549 • Telephone 803-734-3970 • Facsimile 803-253-6283