bill draft: County Council may hire attorney and auditor

The Anderson County Council passed a resolution asking for this legislation. I plan to introduce it this week. It amends home rule, so it may open up a good debate on home rule. We’ll see.

Section A is current law, Section B is new

A BILL: TO AMEND SECTION 4-9-660 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF A COUNTY COUNCIL AND ITS MEMBERS OVER COUNTY OFFICERS AND EMPLOYEES, TO PROVIDE THAT A COUNTY COUNCIL MAY GRANT ITSELF THE AUTHORITY TO EMPLOY AND DISCHARGE THE COUNTY ATTORNEY AND INTERNAL AUDITOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 4-9-660 of the 1976 Code is amended to read:

“Section 4-9-660. (A) Except for the purposes of inquiries and investigations, the council shall deal with county officers and employees who are subject to the direction and supervision of the county administrator solely through the administrator, and neither the council nor its members shall give orders or instructions to any such officers or employees.
(B) Notwithstanding the provisions in subsection (A), the council may by resolution grant itself the sole authority to employ and discharge the County Attorney and Internal Auditor. In the absence of a resolution granting that authority to the council, the county administrator shall have the sole authority to employ and discharge the County Attorney and Internal Auditor.”

SECTION 2. This act takes effect upon approval by the Governor.