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FERNANDEZ
LAW
477 Whispering Breeze Ln | Summerville | SC | 29486 | (843) 580-6045 | (843) 970-1814 fax

October 25, 2019

Sent via Certified Mail to

The Honorable Alan Wilson
Office of the Attorney General
P.O. Box 11549
Columbia, S.C. 29211

The Honorable Henry McMaster

Office of the Governor
State House
1100 Gervais Street
Columbia, South Carolina 29201

RE: The Town of Moncks Corner Mayor

Call for Investigation based on Potential Misconduct in Office

Dear Governor McMaster and Attorney General Wilson:

I hope this letter finds you well. Please find enclosed a copy of a complaint filed in Berkeley
County against the elected Town of Moncks Corner Mayor Michael Lockliear. The complaint
alleges facts that in August of this year, the Mayor threatened a citizen at an adult kickball game.
Not only this, the Mayor then went out of his way to ensure the citizen was fired from his privately
held job at a private company. The story is quite fantastical; however, I would appreciate you
reading the facts of the case to learn the background allegations.

The primary concern in this letter, though, is the conceivable misconduct in office that
occurred when Mayor Lockliear not only threatened a fellow South Carolinian – Mr. Graylnn
Moran – he executed his threat by getting the man fired from his job! If this is not crooked good
ole boy politics, I do not know what is. Thankfully, politicians can be punished for this behavior.
In South Carolina, there is the common law crime of misconduct in office. In order for a person
to be prosecuted for misconduct in office, they must be a public official. State v. Hess, 279 S.C.
14 (1983). Moreover, the conduct by the public official must have been done willfully and
dishonestly. Id. Finally, there are three types of misconduct in office: (1) malfeasance, which
means acting illegally; (2) misfeasance, which means acting legally but immorally, and (3)
nonfeasance, which means not carrying out a required duty of the office. Id.

Under S.C. Code Ann. Section 8-1-80, misconduct in office is defined as “habitual
negligence, habitual drunkenness, corruption, fraud, or oppression;” penalties include up to a year
in prison. We are most interested in what constitutes oppression.1 Furthermore, the Office of the
Attorney General has on several occasions described misconduct in office as a crime of moral
turpitude. See, Op. S.C. Atty. Gen., October 13, 1995; Op. S.C. Atty. Gen., September 14, 1995;

1
Oppression: unjust or cruel exercise of authority or power. Merriam-Webster. Retrieved October 24, 2019.
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FERNANDEZ
LAW
477 Whispering Breeze Ln | Summerville | SC | 29486 | (843) 580-6045 | (843) 970-1814 fax

Op. S.C. Atty. Gen., November 1, 1979. A crime of moral turpitude2 is something “immoral in
itself, regardless of whether it is punishable by law as a crime.” State v. Horton, 271 S.C. 413, 414,
(1978).

Of course, Mr. Moran is proceeding with his civil claim against the Mayor and his
colleagues. However, he also petitions you for investigation into the potential and very likely
misconduct in office committed by this public official. As you both know, our public officers must
be watertight when it comes to corrupting influences. Similarly, our public servants must not
belittle, demean, debase, degrade, or threaten their constituents or any private citizen; especially
when they lose their temper over something so trivial as a kickball game. Our public servants must
conduct themselves honestly and openly in the light of public scrutiny. I am of the opinion that
Mayor Michael A. Lockliear of Moncks Corner did not conduct himself in a position worthy of a
public servant over the Town of Moncks Corner. His behavior and actions rise to the level of
misfeasance, misconduct, oppression, immorality, corruption, and moral turpitude.

Thank you in advance for your attention to this matter. If you have further questions, do
not hesitate to contact me.

Very Truly Yours,

Thomas M. Fernandez
Email: Tom@TomFernandezLaw.com
Direct Fax: (843) 970-1814

2
Moral Turpitude: An act or behavior that gravely violates the sentiment or accepted standard of the community.
Merriam-Webster. Retrieved October 24, 2019.