When would Columbia’s change of municipal government have taken effect after a 2010 referendum?

Plain-English summary

The Attorney General concluded that if Columbia voters approved a change in the city's form of government on or after July 1, 2010, the change would take effect on July 1, 2014. The statute kept members of the existing governing body in office for their elected terms and until successors qualified. Because Columbia's council terms were staggered, some members serving after a referendum held on or after that date would remain through 2014.

The opinion also noted a federal preclearance position applicable to changes in municipal government at the time. Its dates and preclearance discussion describe the 2010 situation.

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: Would the new government form begin as soon as the referendum passed? A: No. The opinion said the existing mayor and council members would complete their elected terms before implementation.

Q: What date applied if Columbia approved the change on or after July 1, 2010? A: The opinion identified July 1, 2014, because of the city's staggered council terms.

Q: Did the opinion mention another step before implementation? A: Yes. It recorded the Justice Department's then-existing position that a municipal government change required federal preclearance.

Background and statutory framework

Columbia's city attorney asked about the implementation date for a referendum changing the city government form. The opinion applied the statute preserving existing officials' terms and earlier Attorney General interpretations of that statute.

Citations and references

The original opinion text below quotes S.C. Code Ann. § 5-5-60.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-17-2010-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/gaines-k-e-os-9006-3-17-10-columbia-date-change-form-of-government.pdf

Original opinion text

HENRY MCMASTER
A'ITORN6Y G ENERAL

March 17, 2010

Kenneth E. Gaines, Esquire
Columbia City Attorney
P.O. Box 667
Columbia, South Carolina 29201
Dear Mr. Gaines:
We received your letter requesting an opinion of this Office concerning the implementation date to change the form of government in the City of Columbia. You asked whether the implementation date would be July 1, 2010 or July 1, 2014 "if favorable passage of a referendum occurred on or after July I, 201 O[. ]" As noted in your request, prior opinions ohhis Office have addressed the question of when implementation takes place for a change in the form of municipal government. This opinion will address those and other prior opinions regarding implementation dates.

Law/Analysis
S.C. Code Ann. § 5-5-60 provides that, ' 'Upon initial adoption of or on any change to one of the alternate forms of government, all members of the existing governing body shall continue to serve their elected terms and until their successors are elected and qualify." On numerous occasions, we have opined that changing the form of municipal government would not be immediately implemented upon favorable passage of the referendum. Instead, the change in form becomes effective (assuming all pre-clearance requirements have been met) upon the expiration of the terms of the council members serving at the time the referendum is held. See Ops. S.C. Atty. Gen. dated May 1, 2008; August 9, 2004; November 12, 1981 ; April 17, 1979.

If the referendum is passed prior to July 1, 2010, the terms of the current Mayor and all six current members of the City Council will have expired by July I , 2012. However, if the referendum is passed on or after July 1, 2010, there will be a new mayor and three new council members. Hence, because of the two year staggered election for three of the six council members, the terms of those individuals will not expire until July 1, 2014. S.C. Code Ann . § 5-560 is clear that the terms of all members of the governing body must expire.

REMB.ERT c. D ENNIS B UILDING •

Posr OA'ICE Box 11549 •

C OLUMBIA, SC 29211-1549

•

T ELEPHONE 803-734-3970

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FACSIMll..E 803-253-6283

Mr. Gaines
Page 2
March 17, 2010

Conclusion
If the referendum to change the form of government passes on or after July 1, 2010, then the implementation date of the change would occur on July 1, 2014. I would also note that the United States Department of Justice has taken the position that any change in the form of municipal government must be submitted to it for pre-clearance pursuant to Section 5 of the 195 Voting Rights Act before it can be implemented.

Sincerely,
Henry McMaster
Attorney General

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By:

REVIEWED AND APPROVED BY:

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R~.Cook

Deputy Attorney General

Leigha Blackwell
Assistant Attorney General