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GENERAL PROVISIONS:
Sec. 2-21.
Legislative powers; matters of policy:
All legislative powers
of the city and the determination of all matters of policy are vested
in the city council with each member, including the mayor, having one
vote.
(Code 1980, § 1-2-1)
State law
reference-Powers and duties of council, S.C. Code 1976, 1 5-13-30.
Sec. 2-22. Mayor:
A mayor shall be
elected from the city at large in the manner provided by law. The
mayor shall be recognized as head of the city government for all
ceremonial purposes and by the governor for purposes of military law.
He shall preside over the meetings of the city council, but shall have
no regular administrative duties.
(Code 1980, § 1-2-2)
Sec. 2-23. Mayor
pro tempore:
Immediately after any
general election for the council, the council shall elect one member
of their body as a mayor pro tempore to serve as such for two years,
who shall act as mayor during the absence or disability of the mayor,
and if a vacancy occurs, shall act as mayor until a successor is duly
qualified and elected.
(Code 1980, § 1-2-3)
State law
reference-Similar provisions, S.C. Code 1976, 5-7-190.
Sec. 2-24.
Qualifications of mayor and council members; proceedings to vacate
offices:
(a) The mayor and
council members shall be qualified electors of the city. Except where
authorized by law, neither the mayor nor any member of council shall
hold any other elected position in local, state or federal government
or any other municipal office or municipal employment. The mayor or
any council member shall forfeit his office if he:
(1) Lacks at any time
during his term of office any qualification for the office prescribed
by city ordinance or the general law and constitution of the state;
(2) Violates any
express prohibition of S.C. Code 1976, §§ 5-1-10 through 5-17-30;
(3) Is convicted of a
crime of moral turpitude.
(b) The council shall
be the judge of the election and qualifications of its members and of
the grounds for forfeiture of office as provided in S.C. Code
1976, § 5-7-210.
(Code 1980, § 1-2-4)
Sec. 2-25.
Compensation:
The council shall
determine the annual salary of the mayor and council members by
ordinance; provided, that an ordinance establishing or increasing such
salaries shall not become effective until the commencement date of the
terms of two or more members elected at the next general election
following the adoption of the ordinance, at which time it will become
effective for all members whether or not they were elected in such
election. The mayor and council members shall also be reimbursed for
their actual expenses incurred in the performance of their official
duties upon submission of signed expense reimbursement forms as
provided by the city finance department.
(Code 1980, § 1-2-5)
State law
reference-Salaries and expenses of mayor and council members
determined by council through ordinance, S.C. Code 1976, § 5-7-170.
Sec. 2-26. Oath of
mayor and council members:
The mayor and council
members before entering upon the duties of their respective offices
shall take the following oath:
"I do solemnly swear
(or affirm) that I am duly qualified, according to the
constitution of this state, to exercise the duties of the office to
which I have been elected and that I will, to the best of my ability,
discharge the duties thereof and preserve, protect and defend the
constitution of this state and of the United States.
"As mayor (or council
member) of the City of Myrtle Beach, I will equally, fairly and
impartially, to the best of my ability and skill, exercise the trust
reposed in me, and will use my best endeavor to preserve the peace
and carry into effect according to law the purposes for which I
have been elected. So help me God."
(Code 1980, § 1-2-6)
State law
reference-Similar provisions, S.C. Code 1976, § 5-15-150.
Secs. 2-27-2-40,
Reserved.
MEETINGS:
Sec. 2-41. Date and
time:
(a) Regular meetings of
council shall be held on the second and fourth Tuesdays in each month
unless changed by a majority vote of members present at any regular or
special meeting.
(b) Special meetings of
council may be held on the call of the mayor or city manager or a
majority of the members. Notice of a special meeting shall be given
immediately to all available members and the news media by the city
manager.
(c) All regular and
special meetings of council shall be open to the public.
(Code 1980, § 1-3-1)
Sec. 2-42.
Executive sessions:
The council may hold
executive sessions as permitted by the South Carolina Freedom of
Information Act and this Code at such times and in such places as may
be deemed necessary and in the public interest by a favorable vote of
the majority of the council members present.
(Code 1980, § 1-3-2)
Sec. 2-43. Quorum
and rules of order:
A majority of the
council members serving shall constitute a quorum for the conduct of
business at any meeting. The mayor or mayor pro tempore shall preside,
except that in the absence of both, the members present shall elect a
presiding member. Except as otherwise required by state law or
ordinance, all proceedings of council shall be governed by Robert's
Rules of Order and the city attorney shall act as parliamentarian.
(Code 1980, § 1-3-3)
State law
reference-Council to determine its own rules and order of business,
S.C. Code 1976, § 5-7-250(b).
Sec. 2-44. Voting
requirements:
(a) All actions of city
council shall be by majority vote of members present at a public
meeting.
(b) Every member of
city council present shall vote on every question except when required
to refrain from voting by state law.
(c) The vote on every
question shall be by roll call when the vote is not unanimous and
shall be recorded in the council minutes by the city clerk.
(Code 1980, § 1-3-4)
Sec. 2-45. Minutes
of meetings:
The city clerk shall
keep the minutes of all public meetings of council which shall be a
matter of permanent public record. At each council meeting the minutes
of the previous meeting shall be presented for approval. Minutes shall
not be considered the official record of a meeting until approved by
council. Any member of council desiring to express a position on a
matter voted upon by council in the minutes may do so by presenting
the position in writing to council not later than the next regular
meeting.
(Code 1980, § 1-3-5)
Sec. 2-46.
Appearance of citizens:
Any citizen of the
municipality shall be entitled to an appearance before council at any
regular meeting concerning any municipal matter with the exception of
personnel matters. Persons desiring to speak must notify the city
clerk prior to the beginning of the meeting.
(Code 1980, § 1-3-6)
Sec. 2-47. Agenda:
All requests or matters
for official action of the city council shall be submitted to the city
clerk by Wednesday preceding the regular council meetings. The agenda
shall then be prepared and mailed or placed in the hands of the
members of the city council. Nothing shall be brought up in meetings
of the city council which is not on the official agenda, except by
council members or the city manager.
(Code 1980, § 1-3-7)
Sec. 2-48. City
attorney to attend:
The city attorney shall
attend all meetings of council unless excused by council. He shall act
as parliamentarian, prepare ordinances, review all ordinances and
documents presented to council and give opinions upon questions of
procedure, form and law to any member of council.
(Code 1980, § 1-3-8)
Sec. 2-49. City
clerk is ex-officio clerk of council:
The city clerk shall be
ex-officio clerk of the city council. The clerk shall give notices of
meetings, post the agenda, attend regular and special meetings, record
votes of council, keep minutes of council meetings and perform such
other duties as may be assigned by the city manager.
(Code 1980, § 1-3-9)
Sec. 2-50. Special
committees:
Council may appoint a
special committee to assist in or hold a public hearing for council at
any time upon any matter pending before it. Minutes or reports of
hearings held by special committees shall be filed with the city clerk
as public records.
(Code 1980, § 1-3-10)
Sec. 2-51. Removal
of committee members:
Council may remove any
member appointed to any city committee or commission for misconduct or
nonperformance of duty, after written notice and opportunity to be
heard. For the purposes of this section, three consecutive unexcused
absences, as determined by the respective committee or commission,
shall be deemed nonperformance.
(Code 1980, § 1-3-11)
Secs. 2-52-2-60.
Reserved:
ORDINANCES:
Sec. 2-61.
Ordinances required:
Council shall act by
ordinance in all matters required by state law to be accomplished by
ordinance.
(Code 1980, § 1-3-21)
State law
reference-Actions requiring an ordinance, S.C. Code 1976, §
5-7-260.
Sec. 2-62.
Codification of ordinances:
All ordinances relating
to administration, health, safety, vehicles, streets (except
franchises and encroachments), traffic, railroads, crimes and
offenses, utilities, solicitations, pollution, municipal court,
descriptions of areas annexed to the city, and any other ordinances or
portions of ordinances so required by council shall be codified and
updated regularly in a loose-leaf Code of Ordinances. Standard codes,
technical regulations and zoning ordinances may be cited in the Code
by reference and copies thereof shall be made available by city clerk
for distribution or for purchase at a reasonable price.
(Code 1980, § 1-3-22)
State law
reference-Codification of municipal ordinances, S.C. Code 1976, §
5-7-290.
See. 2-63. Notice
required:
Prior to the
introduction of an ordinance granting a franchise, license or right
for the use of any street or for the permanent closing of any
abandoned street, the applicant for the ordinance shall publish a
notice in three issues of a newspaper having general circulation in
the city stating the nature of the franchise, license or right sought
or a description of the street sought to be closed, and the date on
which the application is to be presented to council, which shall be at
least one week after the last notice. This requirement shall not apply
to the temporary closing of a public street initiated by council.
(Code 1980, § 1-3-23)
Sec. 2-64. Form:
(a) Every proposed
ordinance shall be introduced in writing and in the form required for
final adoption, which shall include:
(1) A title briefly
describing the content;
(2) Findings, reasons
or basis for the ordinance, if desired;
(3) An enacting clause;
(4) Citation of any
ordinance repealed;
(5) The provisions of
the ordinance, including section numbers if the ordinance is to be
codified or amends an existing codified ordinance;
(6) The effective date
of the ordinance, to be effective when adopted unless otherwise
stated;
(7) Space for the
signatures of the mayor and the city clerk attesting date ordinance
was introduced and date of final reading.
(b) Written resolutions
shall be in similar form as deemed appropriate by the city attorney or
city manager.
(Code 1980, § 1-3-24)
Sec. 2-65.
Deduction of ordinances:
An ordinance may be
proposed by any member of council or the city manager. A proposed
ordinance shall be referred to the city attorney or city manager for
approval as to form. The city attorney may render assistance in the
preparation of notices and ordinances. After an ordinance is in proper
form, and any notice required by this Code of Ordinances or by state
or federal law has been given, the ordinance shall be held by the city
clerk for public inspection. An ordinance shall be deemed to be
introduced when it appears on the council agenda and is read by title.
Unless otherwise specifically required, notice shall consist of the
posting of the council agenda in City Hall not less than 24 hours
prior to the meeting at which it is to be read.
(Code 1980, § 1-3-25)
Sec. 2-66.
Enactment of ordinances:
(a) An ordinance to
levy a tax, adopt a budget, appropriate funds, grant a franchise,
license or right to use or occupy a public street for commercial
purposes shall be complete in the form in which it is finally passed,
and in that form remain on file at least one week before final
adoption.
(b) No ordinance shall
be adopted until it shall have been read two times and on two separate
days with at least six days between readings.
(c) Emergency
ordinances may be adopted on one reading without notice or hearing by
affirmative vote of two-thirds of members present. An emergency
ordinance may not levy taxes, relate to a franchise or a service rate
and shall expire automatically on the 61st day following enactment.
(d) The introduction
and reading of any ordinance shall be by the reading of the title only
unless full reading is requested by a member of council.
(e) After the
introduction of an ordinance, any member of council may request a
public hearing which shall be held at a time determined by council
prior to final adoption. Notice of the public hearing shall be
published in a newspaper of general circulation in the city not less
than three days before the hearing. Once a public hearing has been
conducted, no further public hearing on the same ordinance shall be
held unless approved by a majority of the council members present.
(f) Upon final adoption
by vote of council, an ordinance shall be signed by the mayor and
attested by the city clerk, who shall file the original in the council
minutes.
(Code 1980, § 1-3-26)
Sec. 2-67.
Introduction of resolutions:
A voice motion of a
member of council shall be considered the introduction of an oral
resolution which shall require no written record other than that it
shall be recorded by the city clerk in the council minutes. A
resolution proposed in writing shall be introduced in the same manner
as an ordinance.
(Code 1980, § 1-3-27)
Sec. 2-68. Adoption
of resolutions:
Written or oral
resolutions may be adopted on one reading unless a public hearing is
set by a majority of the members of council present.
(Code 1980, § 1-3-28)
Secs. 2-69-2-80.
Reserved:
EMPLOYEES & OFFICERS:
Sec. 2-81.
Personnel policies and procedures adopted by reference:
1. General policies;
administrative and operation handbook presented for Council review
Under the council-manager form of
government, the City Manager administrates the policies set forth by the
legislative body. South Carolina Code 5-14-40 prohibits the legislative
body dealing with employees or interfering with the operation of
municipal departments, offices or agencies under the manager’s
direction. In the Myrtle Beach Code of Ordinances Section 2-107, the
legislative body recognizes the full power of the Manager to appoint and
remove any officer or employee within his discretion. For the purpose of
establishing general operational and administrative policies, procedures
and regulations regarding employment, the Manager may, from time to time
within his discretion, promulgate a handbook for employees and may
present the handbook for Council’s review. If promulgated, the handbook
shall reflect the overall legislative policies set forth herein. Because
the administrative and operational control of the employment force is
solely within the authority of the Manager under our form of government,
the handbook shall not be adopted by ordinance or resolution, but may be
reviewed by the legislative body upon presentment by the Manager.
2. Policy
of “at will” employment; Contracts must be in writing endorsed by the
Manager.
The City of Myrtle Beach has a policy that
all employment status is “at will”, with the exception of judges under
the Unified Court System. “At will” employment recognizes the right of
the employee to resign at any time without providing a reason or
explanation to the organization. “At-will” employment also recognizes
the right of the City to terminate employment at any time without
providing a reason or explanation to the employee. At-will employment is
terminable by either party at any time, for any reason or for no reason
at all. Nothing in the Manager’s Personnel Handbook can change the
at-will status of employment as set forth herein, or create an
expectation of a contract or continued employment on the part of any
employee. No one other than the City Manager may make any promise or
assurance or enter into any contract, whether oral or written, express
or implied, that is any way inconsistent with the policy set forth
herein. Any promise, assurance or purported contract or agreement shall
be invalid and not binding upon the City unless adopted, endorsed or
agreed to in writing by the City Manager.
3. Policy to remain in force
The City Manager may make such rules,
regulations and changes to the handbook as are necessary for the
effective administration of the human resource system. Employment,
promotions, demotions, discipline and training are solely within the
scope of the Manager’s responsibilities. The City Manager may also make
exceptions to or waive the procedures included in the handbook as needed
to achieve organizational goals, excepting, however, that the general
legislative policies expressed herein shall in no way be impacted.
Sec. 2-82. Bonds
may be required of officers and employees:
The city council may
require suitable bonds of the city manager and other municipal
employees conditioned for the faithful performances of their duties.
The cost of such bonds shall be paid by the city.
(Code 1980, § 1-4-21;
Ord. No. 91-36, § 4, 9-10-91)
State law
reference-Surety bonds of municipal employees, S.C. Code 1976, §
5-13-60.
Secs. 2-83-2-100.
Reserved:
CITY MANAGER:
Sec. 2-101. Office
created:
The office of city
manager is hereby created.
(Code 1980, § 1-4,1)
Sec. 2-102.
Appointment; qualification; residency requirements; eligibility of
council members:
The city manager shall
be appointed by a majority vote of the council for an indefinite term.
The manager shall be employed solely on the basis of his executive and
administrative qualifications. The manager need not be a resident of
the municipality or state at the time of appointment, but may reside
outside the municipality while in office only with the approval of the
council. No council member or mayor shall be employed as city manager
during the term for which he or she shall have been elected or within
one year after the expiration of that term.
(Code 1980, § 1-4-2;
Ord. No. 91-36, § 1, 9-10-91)
State law
reference-Employment and qualifications of manager, S.C. Code 1976, §
5-13-50.
Sec. 2-103.
Compensation:
The city manager shall
receive such compensation as the city council shall fix from time to
time by ordinance or resolution.
(Code 1980, § 1-4-3)
Sec. 2-104. Bond:
The city manager shall
furnish a surety bond in a sum to be approved by the city council.
This bond shall be conditioned on the faithful performance of his
duties. The premium of the bond shall be paid by the city.
(Code 1980, § 1-4-4)
State law
reference-Surety bond of manager, S.C. Code 1976, § 5-13-60.
Sec. 2-105. Powers
and duties; generally:
(a) The city manager
shall be the chief executive officer of the city and head of the
administrative branch of city government. The city manager shall
perform and exercise the duties and responsibilities specifically
prescribed in S.C. Code 19 76, Tit. 5, ch. 13, and as may otherwise be
prescribed by federal or state law or the city council.
(b) The city manager
may, within the financial limits imposed by the budget approved by
city council, employ one or more assistants to exercise such
supervisory responsibilities over departments as may be prescribed by
the manager.
(c) In case of
accidents or other circumstances creating an emergency, the city
manager may, with the consent of the city council, award contracts and
make purchases for the purpose of repairing damages caused by the
accident or meeting the public emergency; but he shall file promptly
with the city council a certificate showing the emergency and the
necessity for the action, together with an itemized account of all
expenditures.
(Code 1980, §§ 1-4-5,
l6; Ord. No. 91-36, § 2, 9-10-91)
State law
reference-Responsibilities of manager, S.C. Code 1976, § 5-13-90.
Sec. 2-106. Removal
from office:
(a) The city manager
may be removed by a majority vote of the council. If the council
determines to remove the manager, it must give the manager a written
statement of the reasons alleged for the proposed removal and the
right to a hearing thereon at a public meeting of the council.
(b) Within five days
after the notice of removal is delivered to the manager, he may file
with the council a written request for a public hearing. This hearing
shall be held at a council meeting not earlier than 20 days nor later
than 30 days after the request is filed. The manager may file with the
council a written reply not later than five days before the hearing.
The removal shall be stayed pending the decision of the public
hearing.
(Code 1980, § 1-4-7)
State law
reference-Removal of manager by council, S.C. Code 1976, § 5-13-70.
Sec. 2-107. Manager
to appoint and remove officers and employees; council members to refrain
from influencing appointment or removal of administrative employees;
manner of dealing with officers and employees:
The city manager has
full power to appoint and, when necessary, remove any appointive
officer or employee with the exception of the municipal judge and the
city attorney. Neither the council nor its individual members shall
direct or request the appointment of any person to or his removal from
office by the city manager, or by any of the manager's subordinates,
or in any manner attempt to dictate the appointment or removal of
officers or employees of the city other than the municipal judge or
city attorney. Except for the purpose of inquiry, neither the council
nor its members shall deal with city officers and employees who are
subject to the direction and supervision of the manager except through
the manager, and neither the council nor its members shall give orders
to any such officer or employee, either publicly or privately.
(Code 1980, § 1-4-8;
Ord. No. 91-36, § 3, 9-10-91)
State law
reference-Similar provisions, S.C. Code 1976, § 5-13-40.
Secs. 2-108-2-120.
Reserved:
CITY CLERK:
Sec. 2-121. Office
created:
The city manager shall
appoint a city clerk whose duties shall be as described in Title 5,
Chapter 7, S.C. Code 1976.
Secs. 2-122-2-130.
Reserved:
CITY ATTORNEY:
Sec. 2-131. Office
created; duties; compensation:
(a) The city council
may appoint a city attorney who shall serve at its pleasure.
(b) The city attorney
shall be the chief legal counsel to the city, the mayor and members of
council, the city manager, and other officers and department heads of
the city. The city attorney shall be the prosecuting attorney in
municipal court and shall represent the city and its officers in any
other legal actions or proceedings as may be appropriate. The city
attorney shall prepare or supervise the preparation of all legal
documents and instruments of the city and shall approve all
ordinances, resolutions, contracts and related documents as to form.
The city attorney may, with the concurrence of city council, employ
assistant city attorneys and legal assistants as necessary for the
performance of his or her duties and may retain outside counsel when,
in his or her professional judgment, such professional services are
required. The city attorney shall attend meetings of the city council,
render legal opinions, represent the city at meetings and conferences
and perform such other duties as prescribed by law or the city
council.
(c) The salary and
terms of employment of the city attorney shall be determined by the
city council. (Code 1980, § 1-4-22; Ord. No. 91-36, § 4, 9-10-91)
Sees. 2-132-2-150.
Reserved.
DEPARTMENTS:
Sec. 2-151.
Establishment:
(a) The following
departments are hereby established:
(1) Police;
(2) Fire;
(3) Finance;
(4) Construction
services;
(5) Convention center;
(6) Parks and
recreation;
(7) Planning;
(8) Engineering and
public services;
(9) Library;
(10) Public
Information;
(11) Personnel;
(12) Legal.
(b) The head of each
department shall be a director, who shall be an officer of the city
appointed by the city manager, and who shall have supervision and
control of his or her department subject to the rules, regulations and
policies established by the city manager or by resolution of the city
council. The city manager may serve as director of one or more
departments or divisions as he or she may decide.
(c) The city manager
shall have complete authority to appoint and remove all department
heads as he or she may determine is necessary for the proper and
efficient administration of the city.
(Code 1980, § 1-4-31;
Ord. No. 91-36, § 5, 9-10-91)
State law reference -
Council authorized to create, change or abolish departments, S.C. Code
1976, § 5-13-100.
FOR FURTHER
INFORMATION:
Thomas E. Leath,
City Manager 843-918-1002
Thomas Ellenburg,
City Attorney 843-918-1008
Joan Grove, City
Clerk 843-918-1004
Mark Kruea, Public
Information Officer 843-918-1014
© Copyright 2004, The City of Myrtle Beach. All rights
reserved.
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