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2013 South Carolina Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagsc0026 and id is 1 raw text is: ALAN WusoN rOM $ ArronNY GeNERAL January 3, 2013 The Honorable William Bo McMillan Mayor, City of Mullins P. O. Drawer 408 Mullins, South Carolina 29574 Dear Mr. McMillan: Attorney General Alan Wilson has referred your letter of December 5, 2012 to the Opinions section for a response. The following is our understanding of your question presented and the opinion of this Office concerning the issue based on that understanding. Issue: Is the City of Mullin's Ordinance number 11-304 enforceable under South Carolina law? In other words, may a municipal council remove by ordinance certain powers of a mayor and assign them to a mayor pro tempore? Short Answer: Ordinance number 11-304 appears to have potential issues under South Carolina law. Under a Council form of government, a municipal council may delegate some duties satutorily, but a mayor pro tempore has statutory limitations and requirements. Law/Analysis: The City of Mullin's ordinance number 11-304 reads: 1. Amend Section 2.04.120. Presiding Officer The Mayor Pro-Tern shall be the chief executive officer of the City. He/She shall cause the ordinances and laws for the government of the City to be duly executed and put in force. He/She shall preside at all meetings of the Council and in his/her absence, the Council shall elect a presiding officer for the meeting and he/she shall preside. 2. Amend Section 2.04.130. Appointment of Committees: The Mayor Pro-Tem shall appoint all Committees and especially a standing committee of finance, streets and sanitation, police, fire, water-sewer-waste treatment, and recreation. 3. Amend Section 2.04.150. Contracts, agreements, and checks: The Mayor Pro-Tem shall sign in the name and on behalf of the Council, all contracts and agreements made by the Council, and shall see that such contracts and agreements are faithfully performed by those contracting with the City. He/She shall also sign all deeds to real property sold by the City, and all checks and other obligations issued or authorized by the Council. In determining whether a local ordinance is valid, it must pass a two-part test. The first prong of the test is to determine if the municipality was authorized to adopt the ordinance. The second prong is if the municipality had the power to adopt the ordinance whether it is consistent with the South Carolina RsEMBER C. DENNs BUILDING * PoiT OmCE Box 11549 * COLUMBIA, SC 29211-1549 * TELEPHONE 803-734-3970 * FAcsDMILE 803-253-6283

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