|
1. MEETINGS
1.1 All meetings are to be conducted in accordance with the general laws of South
Carolina affecting meetings of public bodies and, when not covered in state law, shall
be guided by the latest edition of Robert's Rules of Order.
1.2 All meetings of Council, which include committee meetings, shall be open to the
public except as provided for in the S. C. Freedom of Information Act.
1.3 Executive sessions shall be permitted only in accordance with the S. C. Freedom of
Information Act and for the purpose of discussing:
A. employment, appointment, compensation, promotion, demotion, discipline
or release of an employee or person appointed to a public body;
B. negotiations incident to proposed contractual arrangements and proposed
sale or purchase of property, the receipt of legal advice, settlement of legal
claims or the position of Council in other adversary situations involving the
assertion against the county of a claim;
C. investigative proceedings regarding allegations of criminal misconduct;
D. matters relating to proposed location, expansion or the provision of services
encouraging location or expansion of industries or other businesses
impacting the area served by the public body.
Executive sessions shall not be called for the purpose of defeating the reason or the spirit of the S. C. Freedom of Information Act. Before going into executive session, Council shall vote in public on the question, and when such vote is favorable, the presiding officer shall announce the purpose of the executive session. No vote or formal action may be taken in executive session. Once concluded, Council must return to open session to take formal action or to adjourn.
1.4 Regular meetings of Council are routinely held on the first and third Tuesdays of the
months of January, February, March, April, May, June, September, October, November,
and December, when feasible. During the months of July and August, only one
monthly meeting is held. Special meetings may be called by the Chairman of Council
or a majority of the members of Council provided that 24 hours notice has been given
the public, unless the meeting is deemed an emergency, as provided for in state law.
1.5 A quorum for the transaction of official business by County Council shall consist of five
members.
II. PROCEDURES
2.1 There shall be an agenda for meetings of Council.
2.2 All matters, excluding emergency matters and the selection of chairman and vice
chairman, shall first be referred to a standing committee for recommendation before
Council may take any vote or action thereon. Exceptions require unanimous consent of
Council.
2.3 The Chairman, when addressed by a member, shall name the member being
recognized. The first member heard by the Chairman shall be the first recognized. In
cases when several members address the Chairman at the same time, the Chairman
shall decide who is first.
2.4 A roll call vote on any motion, ordinance or resolution shall be taken upon request of
any member. The roll shall be called and votes recorded by the Clerk of Council.
2.5 When a question is under debate by Council, the following motions shall have
precedence in this order:
A. to adjourn
B. to recess
C. to raise a question of privilege
D. to raise a question of order
E. to lay on the table
F. to call for the previous question
G. to postpone debate to a subsequent meeting
H. to commit or recommit
I. to strike out the ordaining or resolving words
J. to amend
Only the first four motions listed above (A-D) shall be permitted to interrupt the speaker.
2.6 All motions shall be debatable except motions to adjourn, to recess, to raise the
question of privilege, to lay on the table and to call for the previous question.
2.7 The Chairman in the absence of the Vice Chairman, or the Vice Chairman when he is
presiding, may name a member to fill the Chairman's place on a temporary basis
during an occasional absence from the Chair, but such substitution shall not extend
beyond an adjournment. In the absence of the Chairman and Vice Chairman, Council
shall elect an acting Chairman to serve until the return of the Chairman or Vice
Chairman.
2.8 In no cases, shall Council members be allowed to vote by proxy or shall that voting
privilege be assumed by another member.
2.9 No member of Council shall take any books, records or papers from the possession
of the clerk without first notifying the Clerk of Council, and, if necessary, giving a receipt
to return the same in a reasonable length of time or on demand by the Clerk.
III. LEGISLATIVE ACTION
3.1 With the exception of emergency ordinances, all ordinances, including those making
supplemental appropriations, shall be read at three public meetings of council on
three separate days with an interval of not less than seven days between the second
and third readings.
3.2 Ordinances may be introduced by any member. When an ordinance is sent to Council
from a committee, it shall be placed upon the Council agenda at its next regular
meeting and shall be read, by title only, by the Clerk of Council. Any member may
debate the matter, but no vote on passage shall be taken. Any other motion relating
thereto, including amendments, may be entertained and voted on.
At the next meeting of Council, the Clerk of Council shall read, by title only, the
ordinance for the second time. The matter then may be debated, and a vote on
passage shall be taken. Any other motion relating thereto, including amendments,
may be entertained and voted on.
At the next meeting of Council which is held not less than seven days later, the Clerk of
Council shall give the ordinance its third reading, by title only, and a vote on passage
shall be taken. With the exception of a budget ordinance or an ordinance pertaining to
a bond issue, there shall be no debate, amendments proposed or voted upon without
unanimous consent of the members present.
At the direction of the Chairman of Council, an Ordinance may be removed from any
agenda and considered at a later meeting.
3.3 All proposed ordinances and resolutions shall be in writing, and each member of
Council must be provided with a copy at the time of introduction. A council committee
may propose a resolution not in writing and forward it without recommendation to
Council with instructions that the County Administrator or Clerk of Council have the
resolution written in time for Council's consideration.
3.4 Unless otherwise stated all ordinances, regulations, resolutions and actions of
Council shall be deemed published and public notice thereof shall be effective as of
the date of enactment by Council. The full ordinance shall be made available for public
inspection at the office of the Clerk of Council.
3.5 Notice of the subject, time and place of public hearings shall be published by the Clerk
of Council in a newspaper of general circulation in the County at least 15 days prior to
the hearing. All proposed and enacted ordinances shall be available for inspection in
the office of the Clerk. Public hearings shall be held before the third reading by Council
to:
A. adopt annual operational, capital, enterprise fund and special revenue fund
budgets;
B. make appropriations including supplemental appropriations;
C. adopt building, housing, electrical, plumbing, gas and all other regulatory
codes involving penalties;
D. adopt zoning and subdivision regulations;
E. levy taxes;
F. sell, or contract to sell real property owned by the County.
3.6 Any ordinance increasing the County's ad valorem taxes shall require a positive
majority vote of Council, which consists of at least five of its nine members, at third
reading of the said ordinance.
3.7 To meet public emergencies affecting life, health, safety or the property of the people,
emergency ordinances may be adopted upon a two‑thirds affirmative vote of the
Council members present.
An emergency ordinance is effective immediately upon its enactment without regard to
any public hearing, reading, publication or notice requirements. It automatically expires
after 60 days. Every emergency ordinance shall be designated as such, shall contain a
declaration that an emergency exists and shall describe the emergency. Emergency
ordinances shall not levy taxes, grant, renew or extend a franchise, or impose or
change a service rate.
3.8 A member of Council, who voted on the prevailing side of an issue, may make a motion
to reconsider action at that or the next meeting of Council.
IV. COMMITTEES
4.1 The Chairman of Council shall appoint the chairman and members of the following
standing committees and announce appointments at the second Council meeting of
each January. These committees shall function in an oversight and advisory capacity.
No member of a committee may be removed by the Chairman of Council without the
approval of Council. If a vacancy occurs during the year, the Chairman of Council shall
appoint a replacement as soon as reasonably possible.
A. Finance Committee consists of all members of Council. It functions as a
ways and means committee on matters dealing with budgets, capital
improvements, bond issues, county personnel policies, purchases and
bids, taxation, Community Development, Housing Authority and matters
related thereto.
B. Public Safety/Health & and Human Services Committee consists of four
members of Council. It functions as a review, oversight and advisory body
on matters relating to criminal ordinances, public safety, social services,
cultural affairs, health services and matters related thereto.
C. Administration Policy/Rules Committee consists of four members of
Council. It functions as a review, oversight and advisory body on the rules of
Council, appointments by Council, issues involving legislative and
governmental liaison and matters related thereto.
D. Planning/Public Works Committee consists of all members of Council. It
functions as a review, oversight and advisory body on Subdivision
Regulations, building and other regulatory codes, the Zoning Ordinance,
public works and matters related thereto.
E. Recycling/Solid Waste Committee consists of four members of Council. It
functions as a review, oversight and advisory body on the recycling and
disposal of solid waste and matters relating thereto.
F. Economic Development Committee consists of four members of Council. It
functions as a review, oversight and advisory body on economic
development and matters related thereto.
G. Audit Committee consists of four members of Council. It functions as a
review, oversight and advisory body to consider the county's annual fiscal
audit, any supplemental or interim fiscal audits, any operational or fiscal
audits by the county's Internal Auditor and matters related thereto.
4.2 A minimum of five members shall constitute a quorum of the Finance and
Planning/Public Works Committee. All other committees shall have a minimum of two
of its members present to constitute a quorum. The Chairman of Council shall be
counted to determine a quorum.
4.3 Any member of Council may attend any meeting of any committee, and enter into
discussion of matters before that committee; however, only members of the particular
committee may vote on matters before that committee. The Chairman of Council, who
chairs the Finance Committee and is an ex-officio member of all other committees, is
entitled to vote on matters before all committees.
4.4 Special Finance Committee meetings may be called by the Chairman of Council or a
majority of the members of Council. All other special committee meetings may be
called by the Chairman of Council or the respective committee chairman. At least 24
hours notice shall be provided to the public for all committee meetings.
4.5 In the event of a tie vote in committee, committees may send matters to Council
without recommendation. Any member of Council or the County Administrator shall
have the right to place, in a timely manner, a matter on the agenda of a standing
committee with notification to the chairman of the committee. Committee chairman
may remove any items placed on the agenda by the Administrator.
4.6 All committee agendas, and committee recommendations shall be furnished to
members of Council prior to consideration or adoption by Council. With the approval of
a majority of any committee the furnishing of such reports may be waived and the
committee recommendation read by the Clerk of Council at the time of the meeting.
4.7 Members of Council, whenever possible, shall make inquiries and requests for
information at committee meetings.
4.8 All procedures outlined in Section II also shall apply to all meetings of Council
committees.
V. CONFLICT OF INTEREST
5.1 Member of County Council shall follow the Ethics and Conflict of Interest Laws of the
State of South Carolina.
VI. AUDIT
6.1 Council shall provide for an independent annual audit of all financial records and
transactions of the County and any agency funded in whole by County funds. The audit
shall be available for public inspection.
6.2 The County Administrator shall present the audit to Council within forty five days after
completion of the said audit.
6.3 A certified public accountant or firm of such certified public accountants, who has no
direct or indirect personal interest in the fiscal affairs of the County government or any of
its officers, shall perform the annual audit. The selection of an independent auditor or
firm shall be made according to the County's Procurement Ordinance.
VII. CHAIRMAN AND SELECTION OF
7.1 Whenever, as a result of absence or illness, the Chairman of Council is unable or
unavailable to take action authorized by Council, the Vice Chairman of Council shall be
authorized to act in his stead. In the event the Vice Chairman is, for any reason, also
unable or unavailable to so act, any other member of Council designated by the
Chairman shall be appointed to act in his stead.
7.2 At its first meeting in January, Council shall select by majority vote one of its members
as Chairman of Council and one of its members as Vice Chairman. The Chairman
and Vice Chairman shall serve for a term of one year unless otherwise resolved by a
majority vote of Council either at the time of selection or during the term.
VIII. RELATIONS BETWEEN COUNCIL AND COUNTY AND EMPLOYEES
8.1 Except for the purposes of inquiries and investigations, the Council or any member
shall deal with county employees, who are subject to the direction and supervision of
the County Administrator, solely through the Administrator. Neither the Council nor any
member shall give orders or instructions to any employees.
8.2 County property and/or equipment shall not be used for any purpose other than its
stated purpose. This rule shall not prohibit the use of County vehicles by members of
Council when representing Charleston County Government at an event sanctioned by
the majority of Council. Any exceptions regarding Council's use of property and/or
equipment shall require the consent of a majority of Council.
IX. CLERK OF COUNCIL
9.1 County Council shall appoint a Clerk of Council to serve at the will of Council. The
Clerk, or a designee, shall attend all meetings and public hearings of Council and its
committees.
9.2 All meetings of Council and its committees, except those matters discussed in
executive sessions, shall be electronically recorded by the Clerk. Additionally, the
Clerk shall also prepare and send written copies of the minutes of full Council
meetings to each member of Council prior to the next meeting thereof. All electronically
produced records and written minutes shall be retained in the office of the Clerk for a
period of not less than two years.
9.3 The Clerk shall prepare and ensure that reports and recommendations of all
committees are furnished to members prior to consideration and adoption by Council.
9.4 The Clerk shall ensure that all ordinances and resolutions are provided to all
members of Council as outlined in Section III.
9.5 The Clerk shall keep a calendar listing, in the order in which they are adopted, all
ordinances and resolutions.
9.6 The Clerk is charged with the duty of notifying members of Council and members of
committees of all meetings to be held.
9.7 As provided in the Subdivision Regulations the Clerk shall sign the Certificate of
Approval by County Council.
9.8 The Clerk also shall serve as secretary of Council under the supervision of the
Chairman of Council and maintain an office open to the public.
X. COUNTY ADMINISTRATOR
10.1 Council shall appoint a County Administrator to serve at the will of Council. The
Administrator, or a designee, shall attend all meetings and public hearings of Council
and its committees.
10.2 The Administrator shall see that all ordinances, resolutions, policies and orders of
Council are faithfully executed.
10.3 The Administrator shall be the chief administrative officer of the County and be
responsible for the day-to-day administration of county operations.
10.4 The Administrator shall bear the ultimate responsibility for the hiring and supervision of
all county employees who do not work for elected or appointed officials. Employment,
compensation, suspension and removal of such employees under his direction and
control shall be carried out in accordance with the County Personnel Policies and
Procedures most recently adopted by Council. This authority is subject to the
limitations imposed by 1976 Code Section 4‑9‑30(7).
10.5 The Administrator shall prepare and submit annual operating, capital, enterprise fund
and special revenue fund budgets to Council and be responsible for their
administration after adoption.
10.6 The Administrator shall prepare and submit to Council an annual report on the
finances and administrative activities of the County at the end of each fiscal year and,
as may be requested or required, make such other financial reports available to
Council.
10.7 The Administrator may issue administrative orders to establish, abolish, transfer,
consolidate or alter offices, agencies or departments over which he has operational
authority to promote efficiency, reduce cost, increase adequacy or improve
effectiveness of programs.
10.8 The Administrator shall: examine regularly the accounts, records and operations of
every County department, office and agency; make reports to Council on County
operations; keep Council advised on the financial condition and future needs of the
County; and make such recommendations on County operations as he deems
desirable.
10.9 The Administrator shall supervise: all phases of financial administration; the care and
custody of all County property; the recording of all county- related legal instruments;
and the execution of such other duties as may be prescribed by Council.
XI. COUNTY ATTORNEY & INTERNAL AUDITOR
11.1 Council shall hire a County Attorney and an Internal Auditor who shall serve at the
pleasure of Council.
XII. RULE CHANGES
12.1 To rescind, suspend or alter any of the foregoing rules, a written resolution must be
approved by a majority of five members after notice to rescind, suspend or alter has
been given at a prior meeting and a written copy provided. The rules may be
rescinded, suspended or altered at a meeting without notice only if given unanimous
consent by all members of Council.
12.2 Any rules or regulations or parts of rules or regulations previously adopted by Council
which are inconsistent or in conflict with the foregoing rules shall be repealed to the
extent of such inconsistency or conflict.
Adopted 01/20/98
Revised 09/21/04
Revised 07/29/08
|
