reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-140. Extension of police jurisdiction and authority of municipalities bordering on high tide line or high water mark of navigable body of water.

(A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.
(B) The corporate limits of any municipality bordering on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to include all that area lying between the high-water mark and the low-water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section.
HISTORY: 1962 Code Section 47-43; 1975 (59) 692; 1986 Act No. 4576; 1996 Act No. 420, Section 3, and 1996 Act No. 443, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-145. Lifeguard and safety services provided by coastal municipalities.

(A) Each municipality bordering on the Atlantic Ocean is authorized to provide lifeguard and other safety related services on and along the public beaches within its corporate limits. A coastal municipality may enact and enforce regulations it determines necessary for the safety of all persons on the beach.
(B) Lifeguard services may be provided using municipal employees or by service agreement with a private beach safety company.
If the municipality elects to provide the services by an agreement with a private beach safety company, the following conditions apply:
(1) the municipality shall follow the procedures of the State Procurement Code, as found in Chapter 35 of Title 11, or the procedures of the municipal procurement code, in the awarding of contracts with private beach safety companies;
(2) the agreement between the municipality and private beach safety company may last no longer than seven years;
(3) the municipality may grant the exclusive right to the beach safety company to rent only the beach equipment and to sell only the items to the public on the beach that are allowed by the municipality on the effective date of this section; provided, however, that on and after the effective date of this section there shall be no granting of the right to rent any additional tangible items, or to sell any beverages to the public on the beach, or otherwise, unless and until additional personnel are hired for the additional rentals and additional activities sufficient in number so that employees already employed on the effective date of this section will not be unduly burdened as determined by the appropriate municipal governing body;
(4) lifeguard personnel employed by the private beach safety company must be tested and certified as required by the municipality; and
(5) the conduct of the limited commercial activities granted to the private beach safety company shall not prevent or interfere in a substantial way with the peaceful, recreational use of the public beach by the general public.
(C) Nothing in this section enlarges, restricts, or infringes upon the existing rights of the owners of private property adjacent to the public beaches.
HISTORY: 1999 Act No. 113, Section 21.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-150. Coastal municipalities' criminal jurisdiction over piers and other structures and waters of the ocean.

Every coastal municipality has criminal jurisdiction over piers and other structures and the waters of the ocean, a sound, or an inlet within one mile of those portions of the strand within the corporate limits. The corporate limits of the municipality are extended in a straight line from the strand into the ocean, inlet, or sound from the point where the corporate limits of the municipality reach the high-water mark of the strand. If an extension overlaps with the criminal jurisdiction of another political subdivision, the jurisdiction of each political subdivision extends to the equidistant point from the high-water mark of each strand.
HISTORY: 1962 Code Section 47-44; 1975 (59) 692; 1991 Act No. 133, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-155. Police jurisdiction over certain streets and highways along which municipal boundaries run.

If any portion of a street or highway is within the boundary of a municipality, the right of way of the street or highway not within the municipal boundary but touching the boundary is nevertheless considered to be within the boundary of that municipality for purposes of its police jurisdiction.
A street or highway which serves as the boundary between municipalities is under the police jurisdiction of both municipalities regardless of the municipality in which the street or highway is located.
HISTORY: 1987 Act No. 164, Section 1; 1989 Act No. 141, Section 1; 1994 Act No. 414, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-160. Powers of municipality vested in council; quorum.

All powers of the municipality are vested in the council, except as otherwise provided by law, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the municipality by law. A majority of the total membership of the council shall constitute a quorum for the purpose of transacting council business.
HISTORY: 1962 Code Section 47-45; 1975 (59) 692; 1976 Act No. 623, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-170. Salaries and expenses of mayor and councilmen determined by council through ordinance.

The council may determine the annual salary of its members by ordinance; provided, that an ordinance establishing or increasing such salaries shall not become effective until the commencement date of the terms of two or more members elected at the next general election following the adoption of the ordinance, at which time it will become effective for all members whether or not they were elected in such election. The mayor and council members may also receive payment for actual expenses incurred in the performance of their official duties within limitations prescribed by ordinance.
HISTORY: 1962 Code Section 47-46; 1975 (59) 692; 1979 Act No. 98, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-180. Mayor or councilman prohibited from holding other political office during term elected.

Except where authorized by law, no mayor or councilman shall hold any other municipal office or municipal employment while serving the term for which he was elected.
HISTORY: 1962 Code Section 47-47; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-190. Mayor pro tempore elected from council membership.

Immediately after any general election for the municipal council, the council shall elect from its membership a mayor pro tempore for a term of not more than two years. The mayor pro tempore shall act as mayor during the absence or disability of the mayor. If a vacancy occurs in the office of mayor, the mayor pro tempore shall serve as mayor until a successor is elected.
HISTORY: 1962 Code Section 47-48; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-200. Grounds for forfeiture of office of mayor or councilman; filling vacancies in office.

(a) A mayor or councilman shall forfeit his office if he (1) lacks at any time during his term of office any qualification for the office prescribed by the general law and the Constitution; (2) violates any express prohibition of Chapters 1 to 17; or (3) is convicted of a crime involving moral turpitude.
(b) A vacancy in the office of mayor or council shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty days or more prior to the next general election.
HISTORY: 1962 Code Section 47-49; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-210. Council as judge of election and qualifications of its members and of grounds for forfeiture of their office.

The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing, and notice of such hearing shall be published in one or more newspapers of general circulation in the municipality at least one week in advance of the hearing. Decisions made by the council under this section may be appealed to the court of common pleas.
HISTORY: 1962 Code Section 47-50; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-220. Appointment and duties of municipal clerk.

The council under the council and mayor-council forms of government or city manager under the council-manager form shall appoint an officer of the municipality who shall have the title of municipal clerk. The municipal clerk shall give notice of council meetings to its members and the public, keep the minutes of its proceedings and perform such other duties as are assigned by council.
HISTORY: 1962 Code Section 47-51; 1975 (59) 692; 1978 Act No. 435, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-230. Appointment or election of municipal attorney and judge of municipal court.

The city council may elect or appoint a municipal attorney and a judge or judges of the municipal court, whose duties shall be as prescribed by law. No mayor or councilman shall be so elected or appointed to serve as municipal judge during his term of office. The provisions of this section do not apply to a mayor who presides over a mayor's court in his capacity as mayor as authorized in Section 5-7-90.
HISTORY: 1962 Code Section 47-52; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-240. Municipal audits.

(A) The council of each municipality having total recurring revenues at or above the threshold in Section 5-7-240(D) shall provide for an annual audit of financial statements. The council may, without requiring competitive bids, designate a certified public accountant or public accounting firm annually or for a period not exceeding four years, provided, that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year.
(B) The council of each municipality having total recurring revenues below the threshold in Section 5-7-240(D) may elect to provide for either an audit of financial statements or a compilation of financial statements in lieu of an audit as follows:
(1) annually for municipalities that have a court system; or
(2) at least once every three years for municipalities that do not have a court system.
(C) The audit or compilation must be performed by an independent certified public accountant or a firm of certified public accountants. The report of the audit or compilation shall be made available for public inspection. Financial statements of municipalities with a court system must include the requirements of Section 14-1-208.
A municipality that exceeds the threshold in the current fiscal year but was below the threshold in the previous fiscal year must begin submitting audited financial statements annually beginning no later than the fiscal year following the year in which its total revenues exceed the threshold.
(D) Beginning with the municipality fiscal year which begins after January 1, 2024, the reporting threshold is $500,000 of the total recurring revenue of a municipality. As soon as practicable at the beginning of each subsequent calendar year, the Revenue and Fiscal Affairs Office must determine the increase or decrease in the ratio of the Consumer Price Index to the index as of December 31 of the previous year and the threshold must be increased accordingly. If the average of the twelve-month consumer price index experiences a negative percentage, the average is deemed to be zero. For purposes of this subsection, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics.
HISTORY: 1962 Code Section 47-53; 1975 (59) 692; 1977 Act No. 109; 2023 Act No. 71 (S.31), Section 1, eff June 7, 2023.
Effect of Amendment
2023 Act No. 71, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-250. Council meetings; rules and procedures for meetings; freedom of information; emergency ordinances.

(a) The council, after public notice shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of a majority of the members.
(b) The council shall determine its own rules and order of business and shall provide for keeping minutes of its proceedings which shall be a public record.
(c) Procedures for meetings of a municipal governing body shall not conflict with the provisions of the general laws of the state with regard to freedom of information.
(d) To meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances; but such ordinances shall not levy taxes, grant, renew or extend a franchise or impose or change a service rate. Every emergency ordinance shall be enacted by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment.
HISTORY: 1962 Code Section 47-54; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-260. Acts of municipal council which are required to be done by ordinance.

In addition to other acts required by law to be done by ordinance, those acts of the municipal council shall be by ordinances which:
(1) Adopt or amend an administrative code or establish, alter or abolish any municipal department, office or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation in which a fine or other penalty is imposed for violations;
(3) Adopt budgets, levy taxes, except as otherwise provided with respect to the property tax levied by adoption of a budget, pursuant to public notice;
(4) Grant, renew or extend franchises;
(5) Authorize the borrowing of money;
(6) Sell or lease or contract to sell or lease any lands of the municipality; and
(7) Amend or repeal any ordinance described in items (1) through (6) above.
In matters other than those referred to in this section council may act either by ordinance or resolution.
HISTORY: 1962 Code Section 47-55; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-270. Form and procedures for introducing and passing ordinances.

Every proposed ordinance shall be introduced in writing and in the form required for final adoption. Each municipality shall by ordinance establish its own rules and procedures as to adoption of ordinances. No ordinance shall have the force of law until it shall have been read two times on two separate days with at least six days between each reading.
HISTORY: 1962 Code Section 47-56; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-280. Adoption of standard codes or technical regulations in ordinances.

The council may adopt any standard code or technical regulations authorized under Section 6-9-60 by reference thereto in the adopting ordinance; provided, that the council shall hold at least one public hearing before the adoption of any such standard code or technical regulations. The procedure and requirements governing such ordinance shall be as prescribed for ordinances listed in Section 5-7-260 and subject to the provisions of Section 5-7-270.
Copies of any adopted code or technical regulations shall be made available by the municipal clerk for distribution or for purchase at a reasonable price.
HISTORY: 1962 Code Section 47-57; 1975 (59) 692; 1982 Act No. 351, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-290. Municipal ordinances to be codified; public inspection.

Each municipal council shall provide by ordinance for the codification and indexing of all ordinances, either typewritten or printed, and the maintenance of ordinances in a current form reflecting all amendments and repeals. All ordinances as codified shall be available for public inspection at reasonable times.
HISTORY: 1962 Code Section 47-58; 1976 Act No. 623, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 7 - General Structure, Organization, Powers, Duties, Functions And Responsibilities Of All Municipalities › Section 5-7-310. Provisions of Section 4-9-55 apply to general laws which affect municipalities.

The provisions of Section 4-9-55 apply to general laws enacted by the General Assembly which affect municipalities.
HISTORY: 1993 Act No. 157, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 9 - Mayor-council Form Of Government › Section 5-9-10. Applicability of Chapter 7.

Except as specifically provided for in this chapter, the structure, organization, powers, duties, functions and responsibilities of municipal government under the mayor-council form shall be as prescribed in Chapter 7.
HISTORY: 1962 Code Section 47-60; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 9 - Mayor-council Form Of Government › Section 5-9-20. Structure of mayor-council form of government; election of council members.

(a) Under the mayor-council form of government there shall be a municipal council composed of a mayor and not less than four council members.
(b) The members of council shall be elected in accordance with Chapter 15.
HISTORY: 1962 Code Section 47-61; 1975 (59) 692; 1976 Act No. 623, Section 8.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 9 - Mayor-council Form Of Government › Section 5-9-30. Responsibilities and powers of mayor.

The mayor shall be the chief administrative officer of the municipality. He shall be responsible to the council for the administration of all city affairs placed in his charge by or under Chapters 1 through 17. He shall have the following powers and duties:
(1) to appoint and, when he deems it necessary for the good of the municipality, suspend or remove all municipal employees and appointive administrative officers provided for by or under Chapters 1 through 17, except as otherwise provided by law, or personnel rules adopted pursuant to Chapters 1 through 17. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency;
(2) to direct and supervise the administration of all departments, offices and agencies of the municipality except as otherwise provided by Chapters 1 through 17;
(3) to preside at meetings of the council and vote as other councilmen;
(4) to act to insure that all laws, provisions of Chapters 1 through 17 and ordinances of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;
(5) to prepare and submit the annual budget and capital program to the council;
(6) to submit to the council and make available to the public a complete report on the finances and administrative activities of the municipality as of the end of each fiscal year; and
(7) to make such other reports as the council may require concerning the operations of municipal departments, offices and agencies subject to his direction and supervision.
HISTORY: 1962 Code Section 47-62; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 9 - Mayor-council Form Of Government › Section 5-9-40. Establishment of municipal departments, offices and agencies by council; employment of administrator to assist mayor; offices and agencies under direction of mayor administered by officer appointed by mayor; annual budget.

The council may establish municipal departments, offices, and agencies in addition to those created by Chapters 1 through 17 and may prescribe the functions of all departments, offices and agencies, except that no function assigned by law to a particular department, office or agency may be discontinued or assigned to any other agency. The mayor and council may employ an administrator to assist the mayor in his office.
All departments, offices and agencies under the direction and supervision of the mayor shall be administered by an officer appointed by and subject to the direction and supervision of the mayor.
The council shall adopt an annual budget for the operation of the municipality and capital improvements.
HISTORY: 1962 Code Section 47-63; 1975 (59) 692; 1976 Act No. 623, Section 4.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 11 - Council Form Of Government › Section 5-11-10. Applicability of Chapter 7.

Except as specifically provided for in this chapter, the structure, organization, powers, duties, functions and responsibilities of municipal government under the council form shall be as prescribed in Chapter 7.
HISTORY: 1962 Code Section 47-70; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 11 - Council Form Of Government › Section 5-11-20. Structure of council form of government; election of mayor and members of council.

(a) Under the council form of government there shall be a municipal council composed of five, seven or nine members including the mayor.
(b) The mayor and members of the council shall be elected in accordance with Chapter 15.
HISTORY: 1962 Code Section 47-71; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 11 - Council Form Of Government › Section 5-11-30. Legislative and administrative powers of municipality vested in municipal council.

All legislative and administrative powers of the municipality and the determination of all matters of policy shall be vested in the municipal council. Each member of council, including the mayor, shall have one vote.
HISTORY: 1962 Code Section 47-72; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 11 - Council Form Of Government › Section 5-11-40. Establishment of municipal departments, offices or agencies; employment of administrator; administrative officers appointed and controlled by council; annual budget; taxes.

(a) The council may establish municipal departments, offices or agencies in addition to those created by Chapters 1 through 17 and may prescribe the functions of all departments, offices and agencies. The council may hire an administrator to assist the council.
(b) All departments, offices and agencies may be administered by an officer appointed by and subject to the direction and supervision of the council.
(c) The municipal council shall adopt annually, prior to the beginning of the fiscal year, operating and capital budgets for the operation of city government and shall in such budgets identify the sources of anticipated revenue including taxes necessary to meet the financial requirements of the budgets adopted. The council shall further provide for the levy and collection of taxes necessary to meet all budget requirements except as provided for by other revenue sources.
HISTORY: 1962 Code Section 47-73; 1975 (59) 692; 1976 Act No. 623, Section 5.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-10. Applicability of Chapter 7.

Except as specifically provided for in this Chapter the structure, organization, powers, duties, functions and responsibilities of municipal government under the council-manager form shall be as prescribed in Chapter 7.
HISTORY: 1962 Code Section 47-80; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-20. Structure of council-manager form of government; election of members of council and mayor.

(a) Under the council-manager form of government there shall be a municipal council composed of a mayor and four, six or eight councilmen.
(b) The members of council and the mayor shall be elected in accordance with Chapter 15.
HISTORY: 1962 Code Section 47-81; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-30. Powers and duties of municipal council.

All legislative powers of the municipality and the determination of all matters of policy shall be vested in the municipal council, each member, including the mayor, to have one vote. Without limitation of the foregoing, the council shall:
(1) Employ a manager;
(2) Establish other administrative departments and assign and distribute the work thereof upon recommendation of and with the approval of the manager;
(3) Adopt the budget of the municipality;
(4) Authorize the issuance of bonds by bond ordinance, subject to such restrictions and limitations as may be prescribed by law;
(5) Have the power to inquire into the conduct of any office, department or agency of the municipality, make investigations as to municipal affairs and give the public information concerning them;
(6) Adopt plats;
(7) Adopt and modify the official map of the municipality;
(8) Provide for an independent annual audit of the books and business affairs of the municipality and for a general survey of municipal business;
(9) Provide for the general health and welfare of the municipality in accordance with the statute law of the State with reference to the general police powers granted to municipalities;
(10) Enact ordinances of any nature and kind, not prohibited by the law or Constitution of the State or of the United States; and
(11) With the advice of the manager, appoint all committees, boards and commissions relating to the affairs of the municipal government, except as otherwise provided by law.
HISTORY: 1962 Code Section 47-82; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-40. Councilmen prohibited from holding other offices during term, appointing or removing employees whom manager is empowered to appoint and dealing with employees under control and supervision of manager.

(a) Except where authorized by law, no councilman shall hold any other municipal office or municipal employment while serving the term for which he was elected to the council.
(b) Neither the council nor any of its members shall in any manner be involved in the appointment or removal of any municipal administrative officers or employees whom the manager or any of his subordinates are empowered to appoint.
(c) Except for the purpose of inquiries and investigations, neither the council nor its members shall deal with municipal officers and employees who are subject to the direction and supervision of the manager except through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.
HISTORY: 1962 Code Section 47-83; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-50. Employment and qualifications of manager.

The council shall employ a manager and fix his compensation. The manager shall be employed solely on the basis of his executive and administrative qualifications. He need not be a resident of the municipality or state at the time of his employment and may reside outside the municipality while in office only with the approval of the council.
No councilman or mayor shall be employed as manager of the municipality from which he was elected during the term for which he shall have been elected.
HISTORY: 1962 Code Section 47-84; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-60. Surety bonds of manager and other municipal employees.

The municipal council may require suitable surety bonds of the manager and other municipal employees conditioned for the faithful performance of their duties. The cost of such bonds shall be paid by the municipality.
HISTORY: 1962 Code Section 47-85; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-70. Term of employment and compensation of manager; removal of manager by council.

The term of employment of the manager shall be at the pleasure of the council and he shall be entitled to such compensation for his services as the council may determine. The council may, in its discretion, employ the manager for a definite term. If the council determines to remove the manager he shall be given a written statement of the reasons alleged for the proposed removal and the right to a hearing thereon at a public meeting of the council.
Within five days after the notice of removal is delivered to the manager, he may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than twenty days nor later than thirty days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing. The removal shall be stayed pending the decision at the public hearing.
HISTORY: 1962 Code Section 47-86; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-80. Designation by manager of administrative officer to act in manager's absence or disability; effect of manager's failure to designate officer.

By letter filed with the municipal clerk the manager shall designate a qualified municipal administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability.
In the event of the failure of the manager to make such designation the municipal council may by resolution appoint an officer of the municipality to perform the duties of the manager until he shall return or his disability shall cease.
During such absence or disability, the council may revoke such designation at any time and appoint another officer of the municipality to serve until the manager shall return or his disability shall cease.
HISTORY: 1962 Code Section 47-87; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-90. Responsibilities of manager.

The manager shall be the chief executive officer and head of the administrative branch of the municipal government. He shall be responsible to the municipal council for the proper administration of all affairs of the municipality and to that end, subject to the provisions of this chapter, he shall:
(1) Appoint and, when necessary for the good of the municipality, remove any appointive officer or employee of the municipality and fix the salaries of such officers and employees, except as otherwise provided in this chapter or prohibited by law and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office;
(2) Prepare the budget annually, submit it to the municipal council and be responsible for its administration after adoption;
(3) Prepare and submit to the municipal council at the end of each fiscal year a complete annual report on the finances and administrative activities of the municipality for the preceding year and make such other financial reports from time to time as may be required by the council or by Chapters 1 through 17;
(4) Keep the municipal council advised of the financial condition and future needs of the municipality and make such recommendations as may seem to him desirable; and
(5) Perform such other duties as may be prescribed by law or required of him by the municipal council, not inconsistent with the provisions of Chapters 1 through 17.
HISTORY: 1962 Code Section 47-88; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 13 - Council-manager Form Of Government › Section 5-13-100. Council authorized to create, change and abolish offices, departments or agencies.

Municipal council may, by ordinance, create, change and abolish offices, departments or agencies of municipal government upon the recommendation of the manager or may, in accordance with such recommendations, assign additional functions and duties to such offices. The head of each department shall be designated director thereof and shall have supervision and control over his department subject, however, to the direction of the manager.
HISTORY: 1962 Code Section 47-89; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-10. Municipal primary, general and special elections conducted mutatis mutandi.

Municipal primary, general and special elections shall be conducted pursuant to Title 7, mutatis mutandi, except as otherwise provided for specifically in Chapters 1 through 17.
HISTORY: 1962 Code Section 47-90; 1975 (59) 692.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-20. Methods of election of council; mayor elected at large; qualifications.

Each municipality in this State shall provide by ordinance for the election of its council. Councils shall select any one of the following methods of election of council:
(1) Members of the council elected from the municipality at large.
(2) One member elected from each ward of the municipality by the qualified electors of the ward. Candidates seeking office from a particular ward shall be residents of the ward during their entire terms of office.
(3) Some members elected from wards as provided for in (2) and the remainder elected from the municipality at large.
(4) Members required to be residents of particular wards but be elected from the municipality at large.
(5) Some members may be required to be residents of particular wards and others may be residents of the municipality without regard to a particular ward and all members shall be elected from the municipality at large.
Regardless of the form adopted by the municipality, the mayor shall be elected at large.
Mayors and councilmen shall be qualified electors of the municipality and, if they are elected subject to residential or ward requirements as provided in this section, they shall be qualified electors of the ward prescribed for their election qualification.
HISTORY: 1962 Code Section 47-91; 1975 (59) 692; 1976 Act No. 623, Section 6.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-30. Procedure for changing number of or method of election of council members.

If by action of a majority of council, or if fifteen percent of the registered municipal electors present to the municipal election commission a duly executed petition on which none of the signatures is more than six months old, in which an election is sought to change the number of council members to a number authorized by the form of government under which the municipality is then operating or to change the method of election of council members, then the municipal governing body shall call a referendum not later than ninety days nor earlier than thirty days after the petition has been certified and delivered to the governing body by the municipal election commission. A petition must be certified as valid or rejected by the municipal election commission within sixty days after it has been delivered to the commission. There may be only one question framed by the municipal governing body for the referendum in a format similar to that provided by Section 5-5-40, and no other election on the same question may be held for two years after that time. If more than one petition is received before publication of a notice of special election, the change sought in the petition bearing the highest number of qualified signatures must be submitted on the ballot. A change receiving a majority of the votes cast is effective at the next general election of the municipality.
HISTORY: 1962 Code Section 47-91.1; 1975 (59) 692; 1988 Act No. 455; 1990 Act No. 490, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-40. Terms of office of mayor and councilmen.

The mayor and councilmen of each municipality shall be elected for terms of two or four years. Unless otherwise provided by ordinance, four-year terms shall be set so that not more than one-half of the council and mayor shall be elected in the same general election; provided, that in the first election after incorporation of a new municipality or adoption of a form of government pursuant to Section 5-5-10, one-half of the councilmen may be elected for terms of two years and one-half of the councilmen and mayor may be elected for terms of four years if necessary to establish staggered terms. Two-year terms shall not be staggered.
HISTORY: 1962 Code Section 47-92; 1975 (59) 692; 1977 Act No. 81, Section 1A.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-50. Establishment of municipal ward lines and time for general and special elections; public notice of elections.

Each municipal governing body may by ordinance establish municipal ward lines and the time for general and special elections within the municipality. Public notice of the elections shall be given at least sixty days prior to such elections.
HISTORY: 1962 Code Section 47-93; 1975 (59) 692; 1978 Act No. 435, Section 3.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-60. Municipality to adopt method of nominating candidates for and determining results of nonpartisan elections.

Each municipality in this State shall adopt by ordinance one of the following alternative methods of nominating candidates for and determining the results of its nonpartisan elections:
(1) The nonpartisan plurality method prescribed in Section 5-15-61;
(2) The nonpartisan election and runoff election method prescribed in Section 5-15-62;
(3) The nonpartisan primary election and general election method prescribed in Section 5-15-63. If nonpartisan elections are not provided for, nomination of candidates for municipal offices may be by party primary, party convention or by petition in accordance with the provisions of this chapter, the applicable provisions of the state election laws and the rules of municipal political party organizations not in conflict therewith.
HISTORY: 1962 Code Section 47-94; 1975 (59) 692; 1977 Act No. 81, Section 2.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-61. Determination of election results under nonpartisan plurality method.

In conducting nonpartisan elections and using the plurality method, election results shall be determined in accordance with the following rules:
(1) When more than one person is seeking election to a single office, the candidate who receives the highest number of votes shall be declared elected.
(2) When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, those candidates receiving the highest number of votes, equal in number to the number of offices to be filled, shall be declared elected.
HISTORY: 1962 Code Section 47-94.1; 1977 Act No. 81, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-62. Determination of election results under nonpartisan election and runoff election method.

(a) Except as otherwise provided in this section, results in nonpartisan municipal elections in municipalities using the election and runoff election method shall be determined by a majority of the votes cast. A majority within the meaning of this section shall be determined as follows:
(1) When more than one person is seeking election to a single office, the majority shall be ascertained by dividing the total votes cast for all candidates by two. Any excess of the sum so ascertained shall be a majority and the candidate who obtains a majority shall be declared elected.
(2) When more persons are seeking election to two or more offices (constituting a group) than there are offices to be filled, the majority shall be ascertained by dividing the total vote cast for all candidates by the number of officers to be filled and by dividing the result by two. Any excess of the sum so ascertained shall be a majority and the candidates who obtain a majority shall be declared elected. If more candidates obtain a majority than there are offices to be filled, those having the highest vote (equal to the number of offices to be filled) shall be declared elected.
(b) If no candidate for a single office receives a majority of the votes cast in the first election or if an insufficient number of candidates receives a majority of the votes cast for a group of offices, a runoff election shall be held as herein provided:
(1) If no candidate for a single office receives a majority of the votes cast in the first election, a second election shall be conducted two weeks later between the two candidates receiving the largest number of votes in the first election who do not withdraw. The candidate receiving a majority of the votes cast in the runoff election shall be declared elected.
(2) If candidates for two or more offices (constituting a group) are to be selected and aspirants for some or all of the positions within the group do not receive a majority of the votes cast in the first election, a second election shall be conducted two weeks later between one more than the number of candidates necessary to fill the vacant offices. The candidates receiving the highest number of the votes cast in the second election equal in number to the number to be elected shall be declared elected.
HISTORY: 1962 Code Section 47-94.2; 1977 Act No. 81, Section 1.
2023 South Carolina Code of Laws › Title 5 - Municipal Corporations › Chapter 15 - Nominations And Elections For Municipal Offices › Section 5-15-63. Determination of election results under nonpartisan primary election and general election method.

(a) In municipalities whose elections are nonpartisan and which use the nonpartisan primary election and general election method, there shall be a primary election to reduce the field of candidates to two candidates for each position to be filled, if when the filing period closes there are more than two candidates for a single office or the number of candidates for a group of offices exceeds twice the number of positions to be filled. If only one or two candidates file for a single office, no primary election shall be held for that office and the candidates shall be declared nominated.
(b) In the primary election the two candidates for a single office receiving the highest number of votes and those candidates for a group of offices receiving the highest number of votes, equal to twice the number of positions to be filled, shall be declared nominated.
(c) In the election, the names of those candidates declared nominated without a primary election and those candidates nominated in the primary election shall be placed on the ballot. The candidate for a single office receiving the highest number of votes shall be elected. Those candidates for a group of offices receiving the highest number of votes, equal in number to the number of positions to be filled, shall be declared elected.
HISTORY: 1962 Code Section 47-94.3; 1977 Act No. 81, Section 1.