By David Taub
When South Carolina’s General Assembly passed the Home Rule legislation, in 1975, citizens of the state’s municipalities voted to select one of three forms of government.
South Carolina (S.C.) established general laws that provide for the powers, duties, functions and responsibilities that apply equally to all municipalities; for example, Article VIII, Sections 8 and 9 of S.C.’s Constitution. Sections 7 and 10 prohibit local and/or special laws from being enacted by any municipality.
Municipal governments must meet at least once every month, adopt rules of procedure by ordinance, respond to Freedom of Information Act requests, and notify the public of date/time of meetings. Additionally, formal actions can only occur during a public meeting. Minutes must be taken and preserved as public records, but records of executive sessions are not required, and votes cannot be taken in executive sessions.
Significant differences exist between each of the three forms of municipal government, although certain requirements apply to all three forms. The specific statutory powers listed for each form of municipal government primarily reflects the administrative differences between the forms.
The Mayor-Council Form of municipal government has both legislative and administrative powers. The Mayor, however, has strong executive powers much like the manager’s powers in the council-manager form. Because of the mayor’s authority, it is often referred to as the “strong” Mayor form.
The Mayor presides over meetings, S.C. Code 5-9-30 (3), performs ceremonial duties, calls special meetings, may designate a temporary judge, performs administrative duties (if authorized by council), and acts and votes as a member of council. The Mayor has no additional statutory authority beyond that of other council members, but he/she may call special meetings as needed, and acts as chief administrative officer, and appoints and removes employees subject to personnel rules adopted by council.
Because the “strong” Mayor has administrative authority, he/she supervises departments, acts and votes as a member of council, and ensures the faithful execution of laws. In addition, the Mayor prepares and submits a budget and capital program to council, makes an annual financial report to the public and council, and reports to the council on the operation of departments.
The council establishes departments, prescribes functions and may employ an administrator to assist the Mayor. The Mayor, in cooperation with the council, also investigates departments, adopts a balanced budget, whereas the Mayor elects the mayor pro tempore, and appoints a clerk, a City attorney and the municipal court’s judge.
Municipalities operating under the Council form of government have five, seven or nine members, including a mayor. The Council maintains all legislative, policy and administrative powers. The Council establishes departments and prescribes functions, may appoint an officer to administer departments subject to Council’s direction, investigates departments, appoints a clerk, attorney and judge, elects the mayor pro tempore (S.C. Code 5-7-190), and prepares and adopts a balanced budget.
Council may appoint an administrator to assist the mayor and council. The administrator has all authority delegated by the Council. Council may appoint an officer of the city, other than a member of Council to administer departments pursuant to S.C. Code 5-7-180. However, such authority may not be in conflict with authority delegated by state law.
Beaufort city adopted and operates under the Council-Manager form of government. The Mayor and Council have all legislative and policy powers. Mayor/Council employs a manager, attorney and judge; elects the mayor pro tempore, establishes departments and functions, and adopts a balanced budget. Also, the council authorizes bond issues, investigates departments, adopts plats and the official map, provides for an annual audit, exercises general police powers, appoints boards and commissions with advice of the manager, appoints a temporary manager (if necessary), and may require surety bonds.
Municipalities operating under the Council-Manager form have a mayor and four, six or eight council members. The Mayor presides over meetings, calls special meetings, designates a temporary judge (if needed), and acts and votes as a member of council. Neither the mayor nor council members have administrative powers, nor additional statutory authority beyond that of other council members.
The Manager is the administrative chief executive, serves as head of the administrative branch of its municipal government and possesses all administrative authority. The Manager is ruled by the city council, including the Mayor; the Manager rules the municipality’s employees and everything part and parcel within the administrative arena. He/she appoints, sets salaries for and removes employees at will, including the clerk. The Manager also prepares and administers the annual budget, makes financial reports, advises council on departments and appointments, and designates a manager during temporary absence.
Now that you have a “road map” of how Beaufort’s Council/Manager government works, the stage is set for us to take a closer look at some of the major issues during my tenure as Mayor.
“Well, all I know is what I read in the newspapers.” – Will Rogers.
David M. Taub was Mayor of Beaufort from 1990 through 1999 and served as a Beaufort County Magistrate from 2010 to 2015. You can reach him at david.m.taub42@gmail.com.
