Did appointing a Spartanburg County fire marshal change older fire districts’ powers?

Plain-English summary

A legislator asked whether Spartanburg County's selection of a county fire marshal affected fire-protection special purpose districts created before home rule. The AG concluded that appointing the marshal did not change those districts' internal operations or day-to-day business. The districts continued to exercise the powers they held when the home-rule provisions took effect.

The opinion did not say the county lacked every role involving the districts. It identified possible county-council responsibilities for bonds, temporary millage increases, and boundary changes. A district's contract to provide service under the county fire plan could also give the county an agreed role. Those qualifications mattered to the conclusion about the marshal appointment itself.

Currency note

This opinion was issued in 1994. 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

Did the new county fire marshal take over existing fire districts?
No. The AG said the appointment did not affect the internal operations or daily business of districts that existed at home rule and provided fire service then.

Did the county council have no authority over those districts?
The opinion identified particular statutory council roles, including bonds, temporary millage changes and boundary adjustments.

Could a district's fire-service contract matter?
Yes. The AG said a contract under the county fire plan could give the county some effect on that district's operations by agreement.

Which districts did the conclusion address?
It addressed the special purpose districts already in existence and providing fire services when South Carolina's home-rule provisions took effect.

Background and statutory framework

The opinion cited the state constitution's continuation of preexisting local-government powers and § 4-9-80's protection of existing special-purpose districts' statutory functions. It used those provisions to distinguish the county's creation of a fire marshal position from a legislative change to a district's powers.

Citations and references

• § 4-9-80: home-rule provision preserving existing special-purpose district functions.
• Article VIII, § 1: constitutional continuation of preexisting local powers.

Official title

Asking how the selection of the new fire marshal will affect existing special purpose districts.

Requester

The Honorable G. Ralph Davenport, Jr., Member of House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-26-1994/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1994aug26davenport.pdf

Original opinion text

T. TRAVIS MEDLOCK

REMBERT C. DENNIS BU ILDING
POST OFFICE BOX 11549
COLUMBIA. S.C. 29211
TELEPHONE, 80 3-734-3970
FACSIMILE, 803-253-6283

ATIORNEY GENERAL

August 26, 1994

The Honorable G. Ralph Davenport, Jr.
Member, House of Representatives
105 Ashland Terrace
Spartanburg, South Carolina 29303
Dear Representative Davenport:
You provided to this Office a copy of a memorandum form the County of Spartanburg regarding the selection of a new County Fire Marshal. You have asked how the selection of the new fire marshal will affect existing special purpose districts. The memorandum of February 2, 1994 from the Deputy County Administrator of Spartanburg County announced that an individual has been selected to be the new County Fire Marshal. The memorandum provided in relevant part: The position of Fire Marshal was created by County Council in the Fiscal Year 1994 budget. The purpose of the position is to provide assistance and direction to Spartanburg County fire departments. The Fire Marshal will be able to provide guidance to the County Administrator's office and County Council on matters relating to fire service and will also work very closely with the Spartanburg County Fire Prevention and Protection Advisory Committee in the development of a Master Plan for Fire Service in Spartanburg County. It is our understanding that Spartanburg County has a large number of special purpose districts created by acts of the General Assembly before the advent of home rule to provide fire protection services. We further understand that Spartanburg County has a county-wide fire protection plan in place, pursuant to S.C. Code Ann. § 4- 19-10 et seq., and that several special purpose districts provide fire services under this plan by contract.

The Honorable G. Ralph Davenport, Jr.
Page 2
August 26, 1994
Article VIII, § 1 of the State Constitution provides: The powers possessed by all counties, cities, towns, and other political subdivisions 1 at the effective date of this Constitution shall continue until changed in a manner provided by law. Article VIII is commonly referred to as the "home rule" portion of the Constitution, and it became effective on March 7, 1973, upon ratification by the General Assembly after a favorable referendum vote in the November 1972 general election. Then, as the Home Rule Act (Act No. 283of1975) was enacted,§ 4-9-80 was adopted to provide in relevant part: The provisions of this chapter shall not be construed to devolve any additional powers upon county councils with regard to public service districts, special purpose districts, water and sewer authorities, or other political subdivisions by whatever named designated, (which are in existence on the date one of the forms of government provided for in this chapter becomes effective in a particular county) and such political subdivisions shall continue to perform their statutory functions prescribed in laws creating such districts or authorities except as they may be modified by act of the General Assembly, .... For the special purpose districts in existence at the advent of home rule and providing fire services at that time, it is our opinion that the districts would continue to exercise the powers being exercised as of March 7, 1973, when Article VIII was ratified by the General Assembly, particularly since§ 4-9-80 states that the Home Rule Act does not devolve any additional powers upon county councils with respect to special purpose districts. Thus, the appointment of a County Fire Marshal for Spartanburg County would have no effect on the internal operations or day-to-day business of the special purpose districts. I must caution, however, that Spartanburg County Council has the potential to be involved in some aspects of the special purpose districts' operations. As examples, if bonds are being issued, temporary increases in millage are being sought, or boundaries

1

A special purpose district is considered to be a political subdivision.

The Honorable G. Ralph Davenport, Jr.
Page 3
August 26, 1994
of special purpose districts are being enlarged or diminished, county council, by statute, has been granted certain authority or responsibility by the General Assembly to help the special purpose districts accomplish these acts. Too, if a special purpose district has entered into a contract to provide fire services under the county fire protection plan, it is possible that by agreement the county may have some impact on special purpose districts. I trust that the foregoing has satisfactorily responded to your inquiry. Please advise if clarification or additional assistance should be needed. With kindest regards, I am Sincerely,

'Pril1..iWu.lJ.~
Patricia D. Petway
Assistant Attorney General
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REVIEWED AND APPROVED BY:

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Robert D. Cook
Executive Assistant for Opinions