Attorneys for the members of Barnwell County Council have filed a motion to dismiss a lawsuit filed against them Dec. 20, 2011.
The motion to dismiss was filed Jan. 19 by attorney Pete Kulmala of Harvey and Kulmala.
The motion states they (members of County Council) are asking for the lawsuit to be dismissed “on the ground that Plaintiffs have failed to allege facts constituting any cause of action against the Defendants.”
The lawsuit alleges that members of the Barnwell County Council breached their fiduciary duty by:
- paying the Williston Rescue Squad “excessive amounts” of $830,000 per year - including $149,000 per year to the director of the rescue squad - while reducing the millage rate to the hospital to 12 mills;
- While acting as County Council, refused to approve a 4 percent interest loan to the hospital from the USDA which was needed to pay Medicare and Medicaid;
- and “Financially crippled” and “forced” the hospital into bankruptcy;
The complaint also asks for the resolution passed by county council members to sell the hosptial be declared “illegal, unconstitutional and without force of law in that it violates the prohibition against dual office holding.” The complaint lists two resolutions the hospital board approved - one authorizing the sale of the hospital’s assets and one authorizing the hospital to file a Chapter 9 bankruptcy petition.
The suit was filed by eight people, some of whom are former Barnwell County Hospital board members; Don Alexander, Carolyne Williams, Georgia F. Fields, William R. “Bob” Dixon, Colonel Joe H. Zorn Jr., Melanie Wright, Dr. M.O. Khan and Janice Livingston.
Alexander, Williams and Khan are former hospital board members. Alexander and Williams were ousted when Barnwell County Council members voted to replace the current hospital board members with themselves, April 26.
Dr. M.O. Khan, who was appointed by the medical staff of the hospital, resigned from the board last year. The other plaintiffs are listed as residents of Barnwell County.
A hearing for the motion has been set for Feb. 9 in the Barnwell County Courthouse at 10 a.m.