Could a South Carolina county council set holidays for staff employed by elected county officials?

Plain-English summary

In a 1996 informal opinion, an assistant attorney general distinguished the holiday schedule of employees in elected county offices from the holidays of the elected officials themselves. He said county government could set holidays for the staff as part of general county personnel policies. The county's authority over such policies did not extend to dictating holidays for county officials elected directly by voters.

The probate judge had cited a state-employee holiday statute. The author said it applied to state employees, not this county question, and noted that no code section enumerated holidays for county employees. His answer therefore rested on the county personnel-policy statute and earlier AG opinions about employees of elected county officials.

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 county council choose holidays for employees in an elected official's office?
A: The author said yes, as a general county personnel policy applying to county employees.

Q: Could council dictate the elected official's own holidays?
A: No. The letter said officials elected directly by voters were excluded from the county personnel-policy authority it discussed.

Q: Did the state-employee holiday list govern county staff?
A: The author said no. That cited provision applied specifically to state employees.

Background and statutory framework

The Abbeville probate judge asked whether county council could deny holiday observance to elected officials and their staff. The author separated the two groups under the county personnel-policy provision. Earlier AG opinions had treated general policies as applicable to the staff of elected officials, while the statute excluded directly elected county officials themselves.

This was an informal opinion signed by an assistant attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• The original letter discusses the state-employee holiday list and the county personnel-policy provision.

Official title

Asking “should the county council have the right to deny Elected Officials the right to allow their employees as well as themselves the opportunity to enjoy and observe legal holidays that are codified in the S.C. Code of Laws?”

Requester

The Honorable Carol F. Speer, Judge of Probate, Abbeville County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-29-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96oct29speer.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

October 29, 1996

The Honorable Carol F. Speer
Judge of Probate - Abbeville County
P.O. Box 70
Abbeville, South Carolina 29620
Re:

Informal Opinion

Dear Judge Speer:
You seek an opinion on the following question: "[s]hould the county council have the right to deny Elected Officials the right to allow their employees as well as themselves the opportunity to enjoy and observe legal holidays that are codified in the S.C. Code of Laws?" As an initial matter, you cite S.C. Code Ann. § 53-5-10 (1977), in your opinion request. This section of the Code, which is entitled 11 Legal holidays enumerated; state employees," applies specifically to employees of the State of South Carolina and, therefore, is not applicable in the present matter. Furthermore, there are no Code sections that enumerate the holidays of county employees.

Pursuant to S.C. Code Ann. 4-9-30(7)(1986), county governments are authorized to develop personnel system policies and procedures for county employees by which all county employees are regulated except those elected directly by the people, and to be responsible for the employment and discharge of county personnel in those county departments in which the employment authority is vested in the county government but this authority shall not extend to any personnel employed in departments or agencies under the direction of an elected official . . ..

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POST OFFICE Box 11549

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COLUMBIA,

s.c. 292 11- 1549

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TELEPHONE: 803-734-3970

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FACSIM:LE: 803-253-62 83

The Honorable Carol F. Speer
Page 2
October 29, 1996
In previous opinions discussing the application of county personnel policies to county employees working for elected county officials, this office has opined that the personnel employed by the elected official would be subject to the general personnel system policies and procedures for county employees by which all county employees are regulated. See Ops. Atty. Gen. dated January 24, 1985 (Sheriffs) and February 18, 1983 (Clerks of Court). Since the determination of holidays for county employees is a general personnel policy matter, it is within the county government's authority to determine the holidays of those county employees working for elected county officials. County employees elected directly by the people are not included among the county employees subject to a county government's personnel policies and procedures. S.C. Code Ann. 4-9-30(7)(1986). Therefore, the county government does not have the authority to dictate the holidays of an elected county official. This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain

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· /'£/:!Koch
Assistant Attorney General