Mayor of Batesburg-Leesville, Lancer Shull, appeared in front of the South Carolina Ethics Commission on Thursday, July 17, with his attorney, James Randall Davis, to appeal the decision that found him guilty of state ethics law violations. The decision will be announced within 60 days.

According to an earlier report from The Chronicle, the South Carolina Ethics Commission investigated Shull because of a complaint filed by Batesburg-Leesville town council members Stephen Cain and Shirley E.  Mitchell. 

Cain and Mitchell’s 2023 complaint states Shull should have recused himself from Batesburg-Leesville Town Council meetings on items involving the town potentially starting a contract with the Joint Municipal Water and Sewer Commission, since the mayor receives expense reimbursement from serving as a JMWS commissioner.

Earlier this year, Shull was fined $1,300 ($50 for each count, plus a $1,000 administration fee) by the ethics commission. The charges included three counts of failure to recuse himself from a vote in which he had an economic interest and three counts of attempting to influence a governmental decision in which he had an economic interest.

The economic interest was the per diem.

Every commissioner on the Joint Municipal Water and Sewer Commission, which is Lexington County’s main water supplier, receives a $250  per diem for expenses incurred from their role on the water commission, including food and travel.

“A per diem, by legal definition, is not money or compensation,’’ Davis told the panel at the appeal hearing. “It’s reimbursement for work and time spent with the agency.” 

Davis said the Joint Municipal Water and Sewer Commission’s per diem plan was approved and falls below the cap the IRS has on allowances. He argued that Shull became a commissioner to help his town after it was placed under a Department of Health and Environmental Control consent order.

The order stated the town needed to find safe, secure and reliable water for its customers.

"He’s not in it for the $250,” Davis said, noting Shull has taken a reduced pay as mayor.

Courtney Laster, general counsel for the Ethics Commission, argued that the per diem constitutes as an economic interest because Shull receives $3,000 per year as a commissioner from per diem funds, totaling $18,000 since he began serving.

She said Shull shouldn't have participated as a member of the town council to appoint himself on the commission because of this benefit.

She also said that Shull had been paid $250 each month since 2018, even if he wasn’t present at meetings. 

JMWSC CEO Jay Nicholson told the Chronicle that Shull has a near-perfect attendance record, having missed three out of 61 meetings since his appointment to the commission. He further stated that all of Shull's absences were family-related.

“This is another public official who believes he's the only one who is capable to do a specific task,” Laster said regarding Shull voting for himself across three meetings to be a commissioner. “Another case with officials acting in contravention of the Ethics Act because of their own ego.”

She requested that the commission panel keep the violations and increase them to the maximum penalty of $2,000 per count.

The Ethics Commission will issue a ruling on Shull’s appeal within 60 days.

In other news

The Town of Batesburg-Leesville council approved Hazen and Sawyer as the contractor for a water valve study, but the decision did not come without pushback at the most recent town council meeting.

In January 2024, the town applied for a Community Development Block Grant (CDBG) for a water valve assessment study. The initial request totaled $499,000. In July 2024, the town was awarded a grant of $399,852.

“Historically, the town has faced several instances where it has been forced to isolate a majority of its water system to repair leaks. Through this assessment, the town will be able to identify operational valves as well as those requiring replacement and abandonment,” a public document from the town reads. “Identifying the location and quality of isolation valves will also significantly enhance employee safety by reducing the frequency that maintenance is required to be performed on lines under pressure.”

Town Manager Jay Hendrix, Utility Director Andrew Bodie and former director Tim Schumpert reviewed six requests for quotation (RFQs). After reviewing all six, they identified Hazen and Sawyer, Eastern Engineering and Water Source Inc. as the top three candidates.

Hazen and Sawyer estimated 1,700 assets (valves and hydrants) at a cost of $136 per asset. Repairs would cost $90,000, totaling $497,000. Eastern Engineering estimated 850 assets at $251 per asset, totaling $481,731.25, with no repair estimate included.

Water Source Inc. did not provide a total cost but estimated $115 per asset, with training at $85 per hour. Hendrix, however, told council members that this provided time frame is not compatible with the grant.

The town administration recommended Hazen and Sawyer as the contractor, and the grant requires a minimum 10% match, which would cost the town $97,898.

Council members Stephen Cain and Shirley Mitchell voiced concerns, stating the issue had already been discussed and voted down at a prior meeting.

Hendrix acknowledged the initial recommendation was presented at the April 14, 2025, meeting, where the vote ended in a 4-4 tie. He said that when the initial vote took place, council members made comments over the lack of pricing details. Following that meeting, Hendrix said he was able to get quotes and brought the item back for discussion.

Council members Mitchell, Cain and Hartley argued that the agenda item should not be reconsidered due to the timing. Cain said that for the past 20 years, council had to wait a year before revisiting items they had already voted for that failed.

“You have to respect council’s decision,” Cain said. “Council already voted not to do it.”

“According to what we learn and practice, it’s not supposed to come back up until a year later,’’ Hartley said. “So, therefore, to bring it up to this July meeting is inappropriate and out of order.” 

The town attorney joined the conversation, telling members it’s a different matter and a different circumstance. He said that since there's new additional information, the council can vote on the item.

“What is so important that you can’t wait a year? Why can’t you follow rules?” Mitchell said. “You are not the attorney for the town manager, you are the town attorney for town council and everybody else, so how is this okay?’’

The town attorney responded, saying that if they don’t take advantage of this grant now, they will lose it.

A dispute then arose between Cain and Shull when Shull said, “This is your second time speaking, so get it all out."

Cain asked in response, “Who are you talking to like that?” He then repeated himself, this time adding a profanity, and standing next to Shull's chair.

Cain was asked to sit back down by a police officer present.

Following the discussion, Councilman Jason Prouse made a motion to approve Hazen and Sawyer, with Councilman Bouknight seconding this motion. The motion was approved by six council members.

The next regular council meeting is Aug. 11 at 7 p.m. at the Town Hall Complex located at 120 West Church St., Bldg. B, in Batesburg-Leesville.