Could Allendale make its mayor the paid town administrator under the council form of government?

Plain-English summary

Allendale’s town attorney asked whether the mayor could take on town administrator duties without changing the town’s council form of government, and whether the mayor’s salary could then rise. The 1996 AG relied on an earlier office opinion to reject official service as both mayor and administrator. Under the council form, the council supervises an administrator; a mayor serving in both roles would occupy both employer and employee positions.

The opinion drew a narrower distinction for day-to-day oversight. The council could informally designate the mayor to oversee daily town operations without additional compensation, other than reimbursement of actual expenses. Because the proposed paid administrator arrangement was not available, the AG considered the related salary-increase question moot.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could the mayor be hired as Allendale’s town administrator? A: The AG said no under the council form of government, citing the council’s supervisory role and the conflict between the two positions.

Q: Could the mayor oversee daily work without becoming administrator? A: The opinion said the council could informally assign the mayor that oversight role without extra compensation, apart from actual expense reimbursement.

Q: Did the AG approve a pay raise for the added work? A: No. He treated that question as moot after rejecting the proposed dual role. He mentioned a separate earlier opinion about mayoral salary increases without resolving a raise here.

Background and statutory framework

The letter discussed S.C. Code Ann. §5-7-180 and quoted an earlier AG opinion that cited Section 5-11-10 on the council’s supervision of an administrator. It reasoned that combining the official positions would effectively alter the town’s form of government without using the required process.

Citations and references

Statutes discussed: S.C. Code Ann. §5-7-180; Section 5-11-10.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-24-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96apr24harvey.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY C O NDON
ATTORN EY GEN ERAL

April 24, 1996

J. Martin Harvey, Esquire
Allendale Town Attorney
Post Office Box 1005
Barnwell, South Carolina 29812
RE: Informal Opinion
Dear Mr. Harvey:
Thank you for your letter of April 12, 1996, to Attorney General Condon, in which you have sought an opinion as to the mayor of the Town of Allendale assuming the position of town administrator as a part of his duties as mayor and, if such is to be done, how or when the salary of the mayor might be increased to reflect the increased
,responsibilities. You have advised that the Town of Allendale operates under the council 'form of government and that the Town is not interested in changing the fonn of government. You indicated that you had advised council that hiring the mayor to fill the position of town administrator would contravene S.C. Code Ann. §5-7-180. This Office has previously opined on that issue in an opinion dated September 18, 1979, a copy of which is enclosed; the opinion states: You have requested the advice of this Office concerning whether or not you, as the Mayor of Ridgeland, South Carolina, may also serve as the administrator of Ridgeland. In my opinion, you may not do so in any official capacity. Under the council form of municipal government, the city council, of which you as mayor are a member, is charged with the direction and supervision of the administrator, should one be hired. Section 5-11-10,
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PosT OFF1nBox 11 549

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COL.DIRL. S.C.29'.l l l- 1.54<)

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TELEPHO:--'F.:

803-n4-3970

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fA('SJ~H:.E.Sil~-25:;-''2:' .~

J. Martin Harvey, Esquire
Page 2
April 24, 1996
CODE OF LAWS OF SOUTH CAROLINA, 1976. To serve as mayor and administrator would thus put you in the dual capacity of employer and employee, which public policy forbids. See also, Sec. 5-7-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, as amended. I would point out, however, that, under the council form of government, there is no requirement that an administrator be hired. It would, therefore, seem possible that the council could informally designate you to oversee the day-to-day functioning of the municipal government without compensating you therefor except to reimburse you for any actual expenses incurred. Based on the previous opinion, I am of the opinion that Town Council could informally designate the mayor to oversee· the day-to-day functioning of the Town of Allendale, without additional compensation other than to reimburse the mayor for actual expenses incurred. To reach any other conclusion would contravene the common law masterservant principles and would effectively change the form of municipal government from council to mayor-council without complying with the statutory requirements for changing the form of government. I believe that the response to the initial question makes moot the question of how to increase the mayor's salary. However, I am enclosing a copy of an opinion dated February 17, 1989, concerning the issue of increasing a mayor's salary, particularly with respect to the effective date of such increase. The relevant statute makes no distinction between or provision for the type of circumstances outlined above and the ordinary situation in which the salaries of the mayor and members of council would be increased. This letter is an informal opinion only. It has been written by a designated Senior Assistant Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. I trust that it has satisfactorily responded to your inquiry and that you will advise if clarification or additional assistance should be needed. With kindest regards, I am Sincerely,

'-Pal'Y1'c<a,, (j) .A-fi.1~ ...
Patricia D. Petw~y, -- ....
Senior Assistant Attorney General

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Enclosures