Knotts denies interference in DHEC: Exex-agent claims to hav

Knotts denies interference in DHEC: Ex-agent says he was assigned after politicians complained of dumping probe Sammy Fretwell The State, Columbia, SC McClatchy-Tribune Regional News
February 22 - State Sen. Jake Knotts said, he complained of South Carolina for the protection of the environment in the non-professional conduct by one of its investigators.

But the Lexington County Republican said he did not tell anyone to file a criminal investigator of the probe was conducted.

In a federal trial, the former officer, Christopher D. Phillips claims he was dismissed from his post and assigned to another post, after "one or more state officials elected" complained in 2007 of an investigation into the dumping of toxic waste from their "friends" . The complaint further said refrigerated probe.

The suit does not identify all the elect, and Phillips and his lawyer, Lewis Cromer of Columbia, refused to reveal the names.

Other senators and representatives from Lexington County saying not to complain about Phillips' criminal investigation near Swansea. Knotts, but said he would address complaints of residents Phillips at the Department of Health and Environmental Control .

Knotts said he hoped that the trial does not refer to him. Knotts, a former police officer, stressed that he does not require DHEC to dismiss the case or the discipline of the investigator. Knotts said that it would be "stupid" thing for a legislator to do.

Interference with a criminal probe may be illegal.

A search warrant says Phillips investigation involved illegal dumping near Swansea, but Knotts also said he had heard complaints about Phillips' conduct in the county of Richland.

"I saw the guy. It creates its own problems, "said Knotts, adding:" There is a style of cowboy law enforcement, and it is the professional law enforcement. The style cowboy is your opinion, everyone that you arrest deserves death penalty '.

All he did was to forward the complaint, which is his duty as a legislator, "said Knotts. He would not say how many people have complained to him or provide more details about the concerns.

Cromer said it does not matter who was the representative of the State or what he said - is how DHEC responded.

"My concern is that ... they listen to rumors and such an act to deprive scholars of their best job of his life'', said Cromer.

DHEC denied the allegations in the official responses to the lawsuit. They say they have not reduced the dumping investigation. They note the criminal case was passed to the Attorney General's office for possible prosecution.

Questions about the influence on legislators DHEC surface last year during a series of articles in newspapers about the state errors at the agency. Critics say DHEC is too vulnerable to influence legislative and needs a revision. The agency, which are not directly accountable to the governor, is overseen by a part-time, seven members of the board shall appoint an agency commissioner.

The other members of Lexington County Legislative Delegation said that the State had not complained to DHEC Phillips on the conduct of the probe of Swansea. This includes the area from Swansea Republic Kit Spiers, a Republican, and the area of Senator Nikki Setzler, a Democrat.

THE PURSUIT

Phillips, 36, is a former investigator for the state Attorney General's office, a former SC Highway Patrol and a former soldier attached to the Lexington County Sheriff's Department. During his 14-year law enforcement career, he was recognized for efforts to catch drunk drivers, stop illegal dumping and help clean up hazardous waste, records.

He filed the lawsuit against 19 November DHEC Deputy Commissioner Bob King, Deputy Assistant Commissioner Jim Joy and investigations director Michael Tempel. Phillips claims the civil rights and First Amendment rights were violated. It seeks $ 500,000, plus punitive damages not specified.

"I do not wish him any ill will,''said Knotts." But obviously, if filing a complaint because, it must always have an attitude problem.''

Phillips said he trial DHEC against senior management because of its efforts to stop illegal dumping. Separate court records show was suspected dumping near Swansea, south of Lexington County.

Phillips said the suit was withdrawn from the case after seeking permission from his superiors in the fall of 2007 to obtain a warrant for the arrest of three people suspected of illegal dumping. DHEC and the Temple of Joy later said at least one elected to the State wanted to discipline or dismissal, the suit said. Phillips was transferred to another division DHEC one year later, in August 2008.

The color gives no reason why his superiors would have waited a year to pass him. Phillips, a native of Washington, DC, lives in Elgin.

Personnel records provided by Cromer, Phillips lawyer, show a career filled with comments and congratulations.

In its assessment 2007-08, Phillips received a rating of 4.5-5.0, regarded as "outstanding" and the highest total score. He had high marks in evaluations dating back to his hiring in 2003, according to personnel records.

Phillips also won at least twice per month from the Agency for excellence.

"Employees, as you demonstrate the values and visions of the agency," Bo DHEC chairman of the board said in a Aughtry Sept. 1, 2008, letter to Phillips, who praise his team work on cleaning and investigating a spill of toxic waste near Spartanburg.

Paul Cavanaugh, a former FBI agent who hired Phillips to work at DHEC in 2003, said he could not understand why Phillips has problems with anyone. Phillips has described as a professional, hardworking and astute law enforcement officer. Cavanaugh hired Phillips away from the office of the Attorney General.

"Chris is an excellent officer," said Cavanaugh. "I am very high on him."

A CONFRONTATION

Despite good reviews, Phillips received a written reprimand in July 2008 after DHEC officials "made and embellished with a histoire''sur his trial said.

DHEC officials declined to comment on the details of the case.

Phillips troubles began in spring 2007. It is when he obtained a search warrant for evidence of illegal dumping of several miles outside Swansea. The work to take videos and dig for evidence of illegal disposal. He then requested permission from top officials to DHEC a warrant of arrest of three men suspected of being involved in the elimination but was arrested, the trial said.

Court records show the asbestos on the site of Swansea is similar to equipment that has been missing an old hut that was razed for the city of Swansea. But the property where the debris was found was not permitted for waste disposal, as the search warrant.

Asbestos is a toxic substance which can increase the chances of lung cancer and respiratory problems if stirred. That is why a licensed contractor must be hired to remove asbestos from buildings. The equipment must also be disposed of in a landfill approved. However, this can cost money and time.

Phillips research of asbestos caused a confrontation with Jake Moore, a lawyer who was called to the scene by the owners the day of the raid Swansea. Moore, who represents some of the landowners, DHEC has caused an unnecessary uproar in the community.

"You should have seen," said Moore. "It looked like the FBI. They had on these tight T-shirts that said:" DHEC criminal investigation. " They had the track hoe there, the moon and costumes. And they had a great old time digging. "

"I had some heated words with the right people DHEC on site that day."

Knotts said he "could have" received a complaint from Moore on DHEC. Moore said he could not remember whether he called Knotts.

Knotts said he has no qualms about passing on their concerns to DHEC - or organization - when it receives complaints about a staff member. Public employees should be friendly and courteous to the people they serve, "he says.

"The question is the attitude of the public servant," said Knotts. "If I get a call to him tomorrow I'll do the same damned thing."

Reach Fretwell at (803) 771-8537.