Could Florence County Council use budget lines to control an elected treasurer’s staff?

Plain-English summary

In 2011, the South Carolina Attorney General said Florence County Council had broad authority to adopt budgets and appropriate county funds, but that power did not let it prevent an elected county official's office from performing duties assigned by state law. The council had to provide a budget sufficient for the office's functions and could not effectively abolish it through a funding reduction.

The AG also said the council's general power to employ and discharge county personnel did not extend to staff working under the direction of an elected official. The treasurer's request described budget lines tied to particular employees and positions to influence an elected office's services. The opinion gave the governing limits rather than judging a specific line item against a complete budget record.

Currency note

This opinion was issued in 2011. 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

Could county council set the elected treasurer's budget? A: Yes. The AG recognized broad county budget authority, while saying the appropriation had to permit the office to carry out its statutory duties.

Could the council cut funding until an elected office could not function? A: The AG said no. It followed earlier opinions that council could not indirectly abolish an elected office by starving it of funds.

Could council hire or fire employees directed by an elected county official? A: No. The opinion said the county employment-and-discharge power expressly excluded personnel under an elected official's direction.

Background and statutory framework

Florence County's treasurer asked whether council could tie budget appropriations to specific positions and employees in an elected office. The AG reviewed Section 4-9-25 on general county power and the more specific home-rule provisions on appropriations and employment. Earlier AG opinions supplied the limit against using budget cuts to stop an elected office from functioning.

Citations and references

The opinion quotes Section 4-9-25 and discusses the budget and personnel limits in the county home-rule statutes. It relies on earlier South Carolina AG opinions about elected offices.

Official title

As to a county council’s use of its budgetary authority to control the service provided by an elected official.

Requester

The Honorable Dean Fowler, Jr., Treasurer, Florence County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-29-2011/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/fowler-d-jr-os-9255-4-29-11-county-council-budgetary-authority-elected-official.pdf

Original opinion text

ALAN W il.SON

ATrORNEY GENERAL

April 29, 2011

The Honorable Dean Fowler, Jr.
Treasurer, Florence County
180 North Irby Street MSC-Z
Florence, South Carolina 29501
Dear Mr. Fowler:
We received your request for advice as to a county council' s use of its budgetary authority to control the services provided by an elected official. Specifically, you state as follows: The Florence County Council is attempting to direct the Offices of Elected Officials by the budgetary process. They are tying the budget to specific employees and positions in order to compel the Elected Executive to comply with their directives as to service provided by the Elected Executives. Offices. Can the County Council usurp the authority of the Elected Official's offices? Law/Analysis The Legislature gives county governments broad authority in chapter 9 of title 4 of the South Carolina Code. Section 4-9-25 of the South Carolina Code (Supp. 2010) states: All counties of the State, in addition to the powers conferred to their specific form of government, have authority to enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of these powers in relation to health and order in counties or respecting any subject as appears to them necessary and proper for the security, general welfare, and convenience of counties or for

REMBERT c. Dl!NNIS BUIIDING • POST OFFJCB Box 11549 • COLUMBIA, SC 29211-1549 • Tul..EPHONE 803-734-3970 • FACSIMILB 803-253-6283

The Honorable Dean Fowler, Jr.
Page2
April 29, 2011

preserving health, peace, order, and good government in them. The powers of a county must be liberally construed in favor of the county and the specific mention of particular powers may not be construed as limiting in any manner the general powers of counties. More specifically, the Legislature, through the Home Rule Act, gave county councils broad authority with regard to budgets and how to appropriate funds for county purposes. See S.C. Code Ann. §§ 4-9-30(5)(a) (Supp. 2010) (giving county governments the power to "make appropriations for functions and operations of the county . . ."); 4-9-140 ( 1986) (instructing county councils to annually adopt operating and capital budgets for the year). Numerous opinions of this Office discuss the broad authority of county councils' to make budgetary decisions. See Ops. S.C. Atty. Gen., January 8, 2007; October 29, 1992; August 14, 1985; February 7, 1978. However, these opinions also recognized that with regard to the budgets of elected officials, county councils "cannot so decrease the appropriations of an elected official' s office as to prevent the proper functioning thereof and, thus, indirectly, to abolish that official's office." Op. S.C. Atty. Gen., February 7, 1978. See also, Op. S.C. Atty. Gen., August 14, 1985 (stating "a governing body cannot indirectly by a reduction of compensation of an office abolish it where it is not empowered to abolish the office directly."). Furthermore, while section 4-9-30(7) of the South Carolina Code (Supp. 2010) gives county governing bodies the authority to employ and discharge county personnel, this provision also states " [t]his employment and discharge authority does not extend to any personnel employed in departments or agencies under the direction of an elected official or an official appointed by an authority outside county government." Therefore, we continue to advise that a county council's have no authority with regard to the employment or discharge of personnel serving an elected official within the county. Conclusion

County councils maintain vast authority with regard to the operations of counties. However, county councils are in limited in that they cannot enact any regulations, resolutions, or ordinances that conflict with State law. Accordingly, the Florence County Council (the "County Council") cannot interfere with any of the duties and responsibilities given to elected county officials under State law. Moreover, while the County Council has broad authority with regard to budgetary decisions, this authority is somewhat limited by the fact that the County Council must provide County elected officials with a budget sufficient to perform the functions of their

The Honorable Dean Fowler, Jr.
Page 3
April 29, 2011

offices. Moreover, in accordance with section 4-9-30(7) the County Council does not have authority to employ and discharge personnel under the direction of County elected officials.

Very truly yours,

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Cydne~ Mil~g

M.
Assistant Attorney General

REVIEWED AND APPROVED BY:

Deputy Attorney General