Could Surfside Beach’s council assign manager-like duties to a town administrator?

Plain-English summary

The Attorney General concluded that Surfside Beach's council could assign duties to a town administrator under its council form of municipal government, provided the duties did not conflict with state law. The statute permitted the council to hire an administrator to assist it but did not spell out the position's duties. Earlier opinions left the administrator's duties, salary, tenure, and oath to council discretion.

The office also quoted the council-form statute vesting legislative, administrative, and policy powers in the council. Another quoted provision places appointed department officers under council direction and supervision.

Currency note

This opinion was issued in 2010. 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 council give its administrator duties resembling those of a manager? A: The opinion said council could assign the administrator's duties so long as they did not conflict with state law.

Q: What did the statute say about appointed department officers? A: The opinion quoted a provision placing those officers under council direction and supervision.

Q: Did the opinion identify a fixed statutory duty list for town administrators? A: No. It said the council-form provisions did not specify those duties.

Background and statutory framework

Surfside Beach's mayor asked about disputes over the administrator's authority under a council form of government. The office applied the provisions for council authority and administrator appointments, along with earlier opinions about local discretion.

Citations and references

The original opinion text below quotes sections 5-11-40 and 5-11-30 of the South Carolina Code.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-20-2010-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/deaton-k-a-os-8890-1-20-10-town-administrator-duties.pdf

Original opinion text

HENRY M CM ASTER
A TTORNEY G ENERAL

January 20, 2010

The Honorable K. Allen Deaton
Mayor, Surfside Beach
115 US Highway 17 North
Surfside Beach, South Carolina 29575
Dear Mayor Deaton:
We received your letter requesting an opinion of this Office as to the duties of a town administrator in a council form of municipal government. In your letter, you state as follows: The Town of Surfside Beach, South Carolina was established as a Council Form of Government. The town council adopted, by ordinance, to appoint a town administrator and with this ordinance has given the administrator duties similar to that of a Manager Council fonn of government. There seems to be some controversy with some of our councilmembers in the authority of the administrator versus the authority to the council. Thus, you ask for clarification on the duties which may be assigned to a town administrator in a town with a council form of government.

Law/AnaJysis
Section 5-11-40 ofthe South Carolina Code (2004) allows a municipal council with a council form of government to hire an administrator "to assist the council." Furthermore, subsection (b) of this provision states: "All departments, offices and agencies may be administered by an officer appointed by and subject to the direction and supervision of the council." S.C. Code Ann. § 5-1 l40(b). However, neither section 5-11-40, nor any other provision applicable to council forms of government, specify the duties of such an administrator. Section 5-11-30 of the South Carolina Code (2004) provides that " [a]ll legislative and administrative powers of the municipality and the determination of all matters of policy shall be vested in the municipal council. Each member of council, including the mayor, shall have one vote.,,

REMBERT

c. DENNIS B UILDING • P OST OFI'ICl.l B ox 11549 • COLUMBIA, SC 292 Ll -1549 • T ELEPHONE 803-734-3970 • FACSl.M lLE 803-253-6283

The Honorable K. Allen Deaton
Page2
January 20, 2010

Thus, as we concluded in a 1988 opinion of this Office, the duties, oath, salary, and tenure of a town administrator is left to the discretion of the council. Op. S.C. Atty. Gen., October 18, 1988. See also, Op. S.C. Atty. Gen., March 30, 1998. Therefore, we are of the opinion that so long as the duties proscribed by council do not conflict with State law, they are permissible. Very truly yours, Henry McMaster Attorney General
./

~M~~~
Assistant Attorney General

REVIEWED AND APPROVED BY:

/~~p~
Robert D. Cook
Deputy Attorney General