BLYTHEWOOD – In their last meeting as the majority members of town council, former Mayor Bryan Franklin, former Councilman Eddie Baughman and current Councilman Rich McKenrick voted Tuesday night against approval of the meeting agenda and, instead, tried to add an action item to the agenda that Franklin said would be an “update” on the MPA lawsuits and countersuit.
That attempt was blocked, however, when Councilman Donald Brock pointed out that state law requires a super majority vote to add an action item to the agenda.
The Town’s Municipal Attorney Pete Balthazar confirmed Brock’s assertion, that four votes would be required for this particular kind of vote.
Toward the end of the meeting, after the new council was sworn in and seated, the lawsuit update was brought up again by McKenrick with a fierce rebuttal from Brock. The discussion came after Brock made a motion to give greater authority to Mayor Sloan Griffin to resolve ongoing litigation with its former marketing firm, MPA Strategies.
Brock and Griffin both stated that the motion was about transparency and trying to bring two costly lawsuits and a countersuit to a close.
Councilwoman Andrea Fripp voiced support for the ordinance, but expressed concerns about not knowing more about the history of the ongoing lawsuits and countersuit between the town and MPA Strategies.
“Just reading the motion on the face, it seems to be okay but I wish I had been given more notice or a little more clarity or background on the lawsuits before I vote,” Fripp said. “I am in agreement with it but I certainly would like to get some more information as we move on.”
Councilman Donald Brock pointed out that he and Griffin had no more access to information about the lawsuit than she and the public have had. He said they [he and Griffin], too, had only had access to what is on the Richland County public index.
MPA has two active lawsuits against the town. One lawsuit alleges violations of the S.C. Freedom of Information Act by the Town; the other is a defamation suit in which the Town and Franklin are named as co-defendants. The Town, represented by Franklin, Town Administrator Carroll Williamson and Town Attorney Shannon Burnett, also filed a countersuit against MPA and its CEO Ashley Hunter in response to MPA’s FOIA lawsuit.
McKenrick launched into the discussion, basing his opposition on the claim that Fripp deserved more time to be educated about the town’s legal position before she should be expected to vote on the motion.
“Ms. Fripp and I had the opportunity to speak before she was sworn in this evening. It was a very limited conversation because she was not yet a town representative,” McKenrick said. “I’ve served on this council for two years. When I was elected, it took me six weeks to get fully up to speed on executive sessions and what went on in those executive sessions and the mounting legal expenses the town incurred.”
Councilman Donald Brock with his children Ethan and Elizabeth 
Councilwoman Andrea Fripp with her brother James Fripp
Leading the Attack
For the next several minutes, McKenrick lodged personal attacks against MPA Strategies, opposing council members, and the media.
McKenrick began by attacking The Voice and its publisher, Barbara Ball, who is not named in any of the lawsuits or countersuit. He stated, without providing any evidence or examples, that the newspaper “misrepresents the Town [government]” and “misrepresents the happenings of the Town [government].”
Then he attacked Brock as being “adversed to the Town of Blythewood,” even though Brock is also not named as a defendant in any of the three lawsuits.
Additionally, McKenrick attacked MPA Strategies over a recent legal filing that he said found that her company destroyed evidence the town previously sought through discovery.
“A judge signed five orders six months ago …one found MPA Strategies guilty of destruction of evidence against a judge’s order,” McKenrick stated, “and holds her personally liable for sanctions that the Town will be awarded when this case is heard in court.”
McKenrick lamented that the town won’t benefit from any sanctions, predicting that the current council will likely seek to settle the lawsuit in its entirety, essentially negating any relief for the Town.
But the judge’s order does not assure there will be any “relief for the Town.”
While the hearing was held Aug. 9, 2023, the order was not signed until 10 days ago, on Nov. 20, and after the Nov. 7 election. The order stated “that MPA has violated the rules prohibiting spoliation of evidence, the remedy for which will be determined by the trial court at the appropriate time.”
The Town’s attorneys have continued to make legal filings as late as the day before Thanksgiving.
“Wouldn’t you want to be afforded the knowledge of lawsuits we’ve spent well over $500,000 defending? I certainly would,” McKenrick said.
Brock pointed out that in May, 2022, it was McKenrick who made a similar motion ceding all power to former Mayor Bryan Franklin over legal decisions concerning MPA litigation and other parties, including The Voice and Barbara Ball, et al.
McKenrick later told The Voice publisher, Ball, that he included her because she was named in the Town’s counterclaim. However, the counterclaim does not name Ball.
Brock and Griffin Respond
Brock pushed back on McKenrick’s monologue, saying it’s ludicrous to continue litigating a case that’s already cost the town $500,000 in legal fees.
“In 2 ½ years, 50 percent of this council has not been told a thing about this lawsuit,” he said, indicating himself and Griffin. “Everything was hidden from us from day one,” Brock said. “We are hundreds of thousands of dollars behind the eight ball and you want to continue this?”
Brock also took issue with McKenrick’s “adverse relationship” remark, noting the previous council majority routinely blocked the voting minority from viewing legal documents.
“Apparently, the voters didn’t think [that I was adversed to the Town],” Brock said. “I am neither named as a defendant or a plaintiff in any document filed on the Richland County Public Index. Anyone is welcome to look for themselves,” he added.
“This gentleman right there (pointing to Griffin) and this guy right here (pointing to himself) had nothing to do with this [lawsuit],” Brock said.
“Councilman McKenrick, if you have seen evidence that proves that something illegal has happened, then you’ve got something that we haven’t got. And that spurs a lot of questions that I’d like to have answers to. Because you should have the same information we have – what’s available on the public index.
The former council majority of McKenrick, Franklin and Baughman – who was defeated by Fripp in the Nov. 7 election – opposed releasing itemized legal expenses, saying financial records would jeopardize the town’s legal strategy.
Jay Bender, a media law attorney representing the SC Press Association said, “I think that claiming that how much a local government is paying an attorney is subject to attorney-client privilege is total hogwash. There might be elements of the claim regarding strategy or witness identification that can be redacted, but how much is being spent by the Town of Blythewood is public information.”
“The longer we stall, the more money we spend,” he said. “It’s getting to the point that it’s time to move past this. It’s time to heal. The voters clearly issued a mandate to Mayor Griffin. I don’t even think the word landslide describes the result on Nov. 7. It was a mandate to make a change and to make a change now. We don’t have the time and energy to continue to fight something that should never have been initiated in the first place.
“The actions of our former mayor were a gross abuse of the Freedom of Information Act. You do not answer a FOIA request with a lawsuit,” Brock said. “You simply submit the documentation that was requested. The only remedy to [the Town’s] failure to respond to the FOI request is for the plaintiff to file a lawsuit. Any lawyer will tell you that except the ones who are being paid $500 an hour by the Town of Blythewood.
“We will release the invoices of how much money this town has paid to fight this lawsuit for 2 ½ years. We ran on transparency and that’s what this town is going to get,” he said. “The former administration had 2 ½ years to do something. They did nothing but write checks to their lawyer friends.”
“The madness has to stop,” he said.
Council cedes authority to mayor
During a roll call vote, council members voted 3-1 to approve Brock’s motion, with McKenrick dissenting and Fripp pausing momentarily before voting “yes.”
Griffin didn’t specify during the meeting what direction the town would immediately take concerning the active lawsuits, but he pledged to release town financials, including invoices for legal services, upon request.
We Mean Business
“We made a promise to people that we’re going to be transparent. I put this on the agenda tonight to show you all that we mean business from day one,” Griffin said. “We’ve spent enough money, we’ve wasted enough time.
“The town is open for business and the town is going to be transparent,” Griffin said.
Prior to the heated monologues by McKenrick and Brock, Judge Diedra Hightower administered the oath of office to the Town’s newly elected officials – Mayor Griffin and Council members Brock and Fripp.
After the new council was seated, Brock was unanimously elected Mayor Pro Tem; Robert McLean was appointed to the Board of Zoning Appeals; and council voted to approve the 2024 Town Meeting Calendar.
Following the meeting, a reception with heavy hors-d’oeuvres was held for the community to meet the newly elected officials.
The next regularly scheduled town council meeting will be at 6 p.m., Dec. 18 at Doko Manor.
Former Blythewood Mayor Keith Bailey 
R1 school admin Tracy Young and Tinnelle Griffin 
Caterer Deidre Jeffcoat of Deidre’s Kitchen
Scout liason Punam Patel with Blythewood Town Clerk Sharon Durst 
Robert McLean was appointed to the Board of Zoning Appeal 
