The board of directors of the state’s largest regulatory agency has selected a fellow board member to be the agency’s new director.

The Department of Health and Environmental Control selected board member Richard Toomey after a 13-month search.

DHEC used the firm Find Great People to help find a candidate satisfactory to the board. The firm did not find a candidate, but will be paid 20% of Toomey’s $178,126 salary for its fee.

A review of DHEC meeting agendas and minutes reveals that the decision to hire Toomey was conducted in violation of South Carolina law.

It disregarded the public interest in commenting on the candidates under consideration in advance of the hiring decision.

State law required DHEC to provide copies of all materials collected during the search for applicants.

A request was made by The State newspaper for such documents in early October. DHEC denied the request and has yet to make the material available to the public.

In both instances DHEC violated a law the General Assembly determined to be “vital in a democratic society.”

A review of board meeting agendas and minutes also indicates that no agenda item stated that the board was considering applicants for the position. Nor was there an agenda item showing a public vote to narrow the field of candidates—both steps required by law.

Mark Elam, chairman of the board, said the public would have an opportunity to examine Toomey’s qualifications for the position during the State Senate confirmation process.

Jay Bender is a retired University of South Carolina professor and media lawyer. He represents the SC Press Association and its newspapers.