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General Purpose LocalGovernment in South Carolina

Prepared for theLocal Government Funding

System Reform Project

ByJon B. Pierce and Edwin C. Thomas

March 2000

Center for GovernanceUniversity of South Carolina

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Introduction

Local government in South Carolina consists of general purpose governments as well as special purposegovernments. The 46 counties and 269 municipalities comprise the general purpose governments. These localgovernments are political subdivisions of the State as they find the basis of their authority and governance structurein the State Constitution and in the Code of Law of South Carolina. The most notable piece of legislation definingtheir structure and authority is the Home Rule Act of 1975. (A brief history of how this act came to fruition isincluded in the section of this report entitled “Counties in South Carolina.”)

Both counties and cities in South Carolina have been granted the authority to exercise broad “police powers.”Municipalities have had this authority for some time and counties were given a clear grant of general police powersin 1989 with passage of Act 139 of 1989. (Sec. 4-9-25) These powers allow them to legislate for the purpose ofregulating public health, safety, welfare, morals and abatements of nuisances, so long as such regulations do notcontradict constitutional and statutory rights of citizens and general state law. These general purpose localgovernments deliver a broad array of services to address the needs and demands of their citizens. The majority ofgovernmental services that affect the day-to-day lives of citizens are provided by these general purpose localgovernments. The notable exception is public education and that too is provided at the local government level bythe school districts.

When it comes to the ability to raise the revenue to pay for these services and the revenue sources, there isconsiderable debate about the authority of general purpose local governments. Much of this debate has centeredaround the issue of what is a tax and what is a fee. The State Supreme Court has ruled that local governments clearlyhave significant latitude to raise the revenue necessary to fund these services, particularly through uniform servicecharges and fees. (Williams v. Town of Hilton Head Island and Brown v. Horry County). The question of theability to assess taxes not specifically authorized in statute is much less clear. The General Assembly has notextended fiscal home rule to counties and municipalities. This means that counties and municipalities cannotimpose taxes that they are not specifically authorized to levy by general state law. This was most recently affirmedby the passage in 1997 of the Fiscal Authority Act (Act No. 138 of 1997) in which the General Assembly stated thata “local governing body may not impose a new tax after December 31, 1996, unless specifically authorized by theGeneral Assembly. The General Assembly also defined the sources of revenue available to counties andmunicipalities and grappled with the issue of what is a tax and what is a fee.

Special purpose governments are specialized local governments rendering particular services. Special purposegovernments in South Carolina consist of the 86 school districts that have the responsibility for providing publiceducation and special purpose districts. . A large number of special purpose districts exist in South Carolina.Depending on the source, the number of such special purpose districts ranges from around 200 to over 500.Special purpose districts usually supply one or a very few services which general governments could not or wouldnot provide. They were created before implementation of “home rule” and were created to respond to demands forservices that the counties could not constitutionally nor statutorily provide. These range widely, including water andsewer services, flood control, recreation, fire services, airports, zoos and so on.

This report focuses exclusively on general purpose local governments in South Carolina. Special purpose districtsand school districts will be addressed in separate reports.

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A Numerical Perspective

Table 1 below looks at South Carolina general-purpose local government from a numerical perspective. As is clearfrom even the most cursory examination of the population breakdowns provided in Table 1, South Carolina is a stateof small general-purpose local governments. Over half of the counties (24) have populations of less than 50,000 and69.6% (32) have populations of less than 100,000. (South Carolina Association of Counties) Of the 269municipalities 128 (47.6 %) have populations of less than 1,000 and 203 (75.5%) have populations of 5,000 or less.(Municipal Association of South Carolina) Population will be a particularly important consideration as we look atthe local service delivery system.

Table 1General Purpose Local Governments in South Carolina

Type of Government Number

Counties 46

By Population:25,000 and under 1225,001 – 50,000 1250,001 – 99,999 8100,000 and over 14

By Form of Government:Council 7Council/Supervisor 4Council Administrator 32Council/Manager 3*

Total # of Full-Time Employees 19,633

Total # of Council Members 330

Municipalities 269

By Population:1,000 and under 1281,001 – 5,000 855,001 – 10,000 2610,001 – 20,000 1420,001 – 39,999 1140,000 and over 5

By Form of Government:

Council 84Mayor/Council 155Council/Manager 30

Total # of Full-Time Employees 15,729

Total # of Council Members 1,572

*Voters in Chester County approved a change in form in November, 1998; will take effect after election in November, 2000

Counties in South Carolina

The decade of the 1970s was a period of profound change in the character of county government in South Carolina,change that was both a reflection and a cause of changes in other aspects of state politics. At the beginning of thedecade most counties had very limited powers, and in practice these were in the hands of the legislative delegation,the state senator and representatives from the county. By the end of the decade parts of a home rule constitutional

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amendment had been implemented and counties were undertaking a wide variety of municipal services under thegovernment of locally-elected councils. This marks a fundamental change in South Carolina politics.

During the colonial period, South Carolina's rudimentary local government was almost entirely confined to parishesalong the coast. The small number of local officials who existed were appointed by the governor or the legislature.There was no regular system of local taxation (Andrews, 1983: 6-13). Local public works were authorized by specialacts of the legislature (Wallace, 1927: 92). During the first half of the nineteenth century the state was divided intoseparate electoral and judicial districts instead of counties. Towns were chartered, but for most of theoverwhelmingly rural state there was little provision for local government. Most of the few local activities weresupervised by assorted boards, resulting in "carelessness, indecision, inactivity" (Wallace, 1934: 76), while thelegislature burdened itself by enacting large numbers of local laws.

The Reconstruction Constitution of 1868 was the first attempt to establish true county government. Article IV,Section 19 provided for an elected Board of County Commissioners with authority over roads, ferries and bridgesand over taxes and expenditures for county purposes. However, scandals and the racial struggles of the perioddoomed the experiment (Black, 1981: 3; Wickwar, 1970: 105-106), and in 1890 Section 19 was repealed. Thisretreat from local control was confirmed by the Constitution of 1895. Although this document contained detailedprovisions regarding the formation and alteration of counties and required them to provide for the poor and to levy aschool tax, the General Assembly could authorize other taxes only for very limited traditional purposes. The absenceof any provision for a local governing body left control of county affairs in the hands of the legislature.

Even though it is now largely a thing of the past, control of county government by the legislature left such anenduring mark on South Carolina politics that this style of local government deserves examination. Since countieslacked constitutionally defined powers and governmental structures, all laws dealing with their activities had to beenacted by the General Assembly. These included general laws applying to all counties and special acts or evenconstitutional amendments authorizing particular counties to do things not authorized by the general laws or theConstitution. Basic to this arrangement was the designation of the county as an electoral district, sending adelegation of one senator, and depending on population, one or more representatives elected at large to the GeneralAssembly. Even to carry out the very limited traditional functions of counties - confined largely to caring forpaupers and maintaining roads, bridges and ferries - an annual supply bill had to be enacted for each county, levyingtaxes and appropriating money. Historian D. D. Wallace remarked in 1927 on the absurdity of the system: "If thecourthouse grounds need a new fence, the state legislature must approve before money can be spent to provide it"(Wallace, 1927: 91), but nearly half a century later many counties were still governed the same way. In early 1972the York County delegation spent a day hearing requests for money from various county agencies and watching ademonstration of a front-loading garbage truck as they considered what kind of trash collection equipment toauthorize the county to purchase (Evening Herald, 1972). Once the legislative delegation agreed on the supply billor other local law, it was enacted automatically by the General Assembly. Local affairs occupied much of alegislator's time, and local laws made up the vast majority of laws enacted by the General Assembly.

In addition to its power over the budget and other local laws, the delegation or the senator alone also controlledappointments to a variety of positions within the county, either directly or with the pro forma approval of thegovernor. Because his approval was necessary to get local legislation passed in the Senate and because of his role inappointments, delegation rule frequently meant virtual rule by the county senator.

For all its power, the delegation could not actually administer the laws. Thus the general law provided that eachcounty should have a Board of County Commissioners consisting of a popularly-elected supervisor and twocommissioners appointed by the governor on recommendation of the delegation. The supervisor was the countyexecutive and was in charge of carrying out the limited county responsibilities. All expenditures for county purposeshad to be approved by the Board before the county treasurer could pay the bills.

This description, however, suggests a totally misleading uniformity. From the start, exceptions for particularcounties were written into the Constitution regarding county powers, structure of the governing body, and debtlimitations. By the mid-1960s the general law still provided for an elected supervisor and two appointedcommissioners, but this provision of the Code of Laws was followed by a separate chapter of exceptions for eachcounty, most of which were significant. For example, Charleston by this time was self-governed by a locally-elected

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council, several counties no longer had supervisors, and Berkeley County had eliminated the Board and was run bythe supervisor alone.

To further confuse matters, there were other county-level officials with their own political and legal sources ofpower. The popularly-elected sheriff, coroner and clerk of court were among the earliest officials established toexercise state authority at the local level. The county treasurer and auditor also had state responsibilities; nominallyappointed by the governor, they invariably were the winners of the Democratic primary. Magistrates were chosenthe same way. The board of tax assessors, voter registration board, and election commissioners usually wereappointed by the governor, meaning that the delegation or senator had actual control. These officials operated underboth general state law and under whatever local laws had been enacted. Much of the funding for their activities wasprovided in the county supply bill. However, the powers and even the presence of some officials varied from countyto county. In short, what evolved at the county level did so haphazardly and was characterized by divided authorityand poor accountability.

In spite of its shortcomings, government by legislative delegation adequately served a predominantly rural,independent-minded people who expected little from government. By the beginning of the 1960s, however, thingswere changing. Developing industries brought new demands for local services. People from other parts of thecountry brought with them higher expectations of government. The state was becoming more urban, and suburbanresidents wanted municipal services. Cities were unable easily to annex these suburbs, and counties were largelyprevented from undertaking non-traditional functions. Even when special purpose districts could be established,these added to the fragmentation and lack of coordination at the local level. In addition, the emergence of African-Americans into the political arena from which they had been effectively barred since the 1890s added to the forcesfavoring change.

The most immediate pressure for county government reform, however, came with the 1964 United States SupremeCourt decision in Reynolds v. Sims that seats in both houses of state legislatures must be apportioned by population.Despite ingenious efforts by influential small- county senators, it was certain that some counties would no longerhave a resident senator, while others would be represented by several. This destroyed the basis of delegation rule.Major changes in county government were inevitable.

Actually, change already was underway. Charleston County had received substantial control over its own affairs in1948, followed by Darlington a few years later. During the 1960s a number of other counties received self-governing powers by local acts, and by the end of the decade nearly half of the counties with more than half of thepopulation had significant local self-rule (Stoudemire and Ascolillo, 1969: 2).

In 1972, as part of an ongoing article-by-article revision of the 1895 Constitution, the voters approved a new ArticleVIII on local government. The key passage was Section 7:

The General Assembly shall provide by general law for the structure, organization, powers, duties,functions, and the responsibilities of counties, including the power to tax different areas at different rates oftaxation related to the nature and level of government services provided. Alternate forms of government,not to exceed five, shall be established. No laws for a specific county shall be enacted and no county shallbe exempted from the general laws or laws applicable to the selected alternative form of government.

Other sections elaborated on activities counties and municipalities could engage in, and Section 17 summed up byreversing the previous restrictive constitutional philosophy:

The provisions of this Constitution and all laws concerning local government shall be liberally construed intheir favor. Powers, duties, and responsibilities granted local government subdivisions by this Constitutionand by law shall include those fairly implied and not prohibited by this Constitution.

In the words of the South Carolina Supreme Court in Knight v. Salisbury (1974), the Constitution intended that"home rule be given to the counties and that county government should function in the county seats rather than at theState Capitol" (262 S.C. 562; 206 S.E. 2d 875 (1974)).

After intense bargaining and compromise, implementing legislation was enacted in 1975. The Local GovernmentAct, usually called the home rule law, provided for five forms of county government. One perpetuated delegation

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rule as a concession to legislators unwilling to give up the old ways; it was declared unconstitutional in 1976 by theSouth Carolina Supreme Court. At the heart of the other four was an elected council empowered to carry on anextensive list of activities. Counties could select a form by popular referendum or could accept the particular formassigned each by the law. Most held referenda, and when the changeover was complete there were eight countieswith the council form, eight with council-supervisor, 29 with council-administrator, and one with the council-manager form (Wallace and Tyer, 1979a: 28).

Forms of County Government

Article VIII, Section 7 of the South Carolina Constitution, passed in 1973 as part of the Home Rule amendment,allowed the legislature to provide for up to five forms of county government. Act 283 of 1975 provided for fiveforms of county government. One of these, the county commissioner form, was ruled unconstitutional by the StateSupreme Court in Duncan v. County of York in 1976 because it failed to provide county government with the powersmandated by the Constitution. Therefore, there are four forms of government available to county governments inSouth Carolina. These are the council form, council-supervisor form, council-administrator form, and the council-manager form. The major difference in the forms is in where the administrative responsibilities and powers of thecounty are vested. The form of government can be changed by employing one of two methods: (1) the countycouncil can call for a referendum to change the form of government; or (2) the citizens may petition the council for areferendum. If this method is used the petition must be signed by at least ten percent of the county’s registeredvoters. (Sec. 4-9-10) Each of the forms is discussed briefly below.

The Council Form

The council form is unique in that it is the only one of the four forms in which the administrative power is vested inthe council. The council has responsibility for both policymaking and administration of county government. (Sec. 4-9-310) The council may hire someone to assist it in carrying out its administrative responsibilities or may designatethe chair of council to carry out such activities. The council consists of not less than three or more than 12members. Although omitted from state statute, terms of council members in this form shall be two to four years.

A total of seven counties presently operate under the council form of government. These are as follows:

Abbeville Allendale Barnwell CalhounGeorgetown Laurens Saluda

The Council-Supervisor Form

In the council-supervisor form, administrative responsibility and authority resides with the supervisor. Thesupervisor is elected at-large for a term of two or four years. Compensation for the supervisor is set by the councilby ordinance, and council cannot reduce or increase the compensation of the supervisor during the term of office forwhich he/she was elected. The supervisor may vote only to break tie votes of the council. The council consists of notless than two nor more than 12 council members. Council members are elected for two or four year terms. (Sec. 4-9-410)

The powers and duties of the supervisor are spelled out in Section 4-9-420 of the South Carolina Code. Theyinclude, but are not limited to, the following:

1. To serve as the chief administrative officer of the county government;

2. To execute the policies and legislative actions of the council;

3. To direct and coordinate operational agencies and administration of the county government;

4. To prepare annual operating and capital improvement budgets for submission to council;

5. To supervise the expenditure of funds appropriated by council;

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6. To prepare annual, monthly, and other reports for council of finances and administrative activities of the county;

7. To recommend measures for adoption;

8. To serve as presiding officer voting in case of council ties;

9. To serve as official spokesperson for the council with respect to council’s policies and programs;

10. To inspect books, accounts, records, or documents pertaining to the property, money or assets of the county;

11. To be responsible for the administration of county personnel policies approved by the council, including salary andcompensation plans;

12. To be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council or for that purpose.

The supervisor’s exercise of authority over other elected officials is limited to the implementation of organizational policiesand procedures established by the council. Debate over the exercise and scope of this authority is still ongoing, and fromtime to time, the debate ends up being addressed by the courts. (For a fuller discussion of this issue refer to Pierce, Chapter2 of A Handbook for South Carolina County Officials, South Carolina Association of Counties, 1999)

Only four counties still operate under the council-supervisor form. These are:

Berkeley Oconee Union Williamsburg

The Council-Administrator Form

The council-administrator form of government is the most popular form. Almost three-quarters of the 46 countieshave this form. The council in this form consists of not less than three members or more than 12 members. Councilmembers are elected for two or four year terms of office. (Sec.4-9-610) The council-administrator form places theexecutive responsibility in the hands of the administrator. The administrator is hired by the council and serves at itspleasure. Should the council decide to terminate the administrator, the administrator must be given a writtenstatement of the reasons for termination and has the right to a public hearing at a council meeting. (Sec. 4-9-620)

The powers and duties of the administrator are specified in state statute. (Sec. 4-9-630) They include, but are notlimited to the following:

1. To serve as the chief administrative officer of the county government;

2. To execute the policies, directives, and legislative actions of the council;

3. To direct and coordinate operational agencies and administrative activities of the county government;

4. To prepare annual operating and capital improvement budgets for submission to the council, and in the exercise ofthese responsibilities, the administrator shall be empowered to require such reports, estimates and statistics on anannual or periodic basis as he deems necessary from all county departments and agencies;

5. To supervise the expenditure of appropriated funds;

6. To prepare annual, monthly and other reports for council on finances and administrative activities of the county;

7. To be responsible for the administration of county personnel policies including salary and classification plans approvedby council;

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8. To be responsible for employment and discharge of personnel subject to the provisions of subsection (7) of Section 4-9-30 and subject to the appropriation of funds by the council for that purpose;

9. To perform such other duties as may be required by the council.

The administrator is also charged with the preparation and submission of proposed operating and capital budgets. Theadministrator is specifically directed by law to inform the council of anticipated revenues and the amount of tax revenuerequired to meet the financial requirements of the county when he presents proposed operating and capital budgets to thecouncil. (Sec. 4-9-640)

The administrator’s authority over any elected officials (department heads), either constitutional or statutory, is limited toorganizational policies established by the governing body. (Sec. 4-9-660) As noted in the previous section on the council-supervisor form this is occasionally an issue of debate.

In terms of the number of counties, this form of government is clearly the most popular. Some 32 of the countieshave adopted this form. These include:

Aiken Anderson Bamberg BeaufortCharleston Cherokee Chesterfield ClarendonColleton Darlington Dillon DorchesterEdgefield Fairfield Florence GreenvilleHampton Horry Jasper KershawLancaster Lee Lexington MarionMarlboro McCormick Newberry OrangeburgPickens Richland Spartanburg Sumter

Council-Manager Form

The council consists of not less than five or more than 12 members who are, as in the other forms, elected for two orfour year terms of office. (Sec. 4-9-810) Executive authority under this form is vested in the county manager. Themanager is hired by the council and serves at its pleasure. The powers and duties of the manager are identical tothose listed above for the administrator. (Sec. 4-9-830) The same types of restrictions over elected officialsdiscussed in the council-supervisor and council-administrator forms apply here as well.

The most significant difference between the council-administrator and council-manager forms is that in the latter theauditor and treasurer may be appointed rather than elected. The council must determine the method of selection forthese positions and if the appointive status is selected must pass an ordinance to that effect. Once made appointive,the auditor and treasurer report to the county manager. (Sec. 4-9-860)

Only two counties presently operate under this form of government: Greenwood and York. A third (Chester)approved a change in the form of government in November of 1998 and will begin operating as a council-managerform after the general elections in November 2002.

General Powers of County Governments

The general powers of counties are enumerated in Section 4-9-30 of the Code of Laws of South Carolina. Thepowers listed in this section apply to counties regardless of the form of government and are to be exercised by therespective governing bodies. Counties have the power to:

1. Adopt, use and revise a corporate seal;

2. Acquire real property by purchase of gift, to lease, sell or otherwise dispose of real and personal property; andto acquire tangible personal property and supplies;

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3. Make and execute contracts;

4. Exercise powers of eminent domain for county purposes except where the land concerned is devoted to a publicuse; (some limitations are specified in Sec. 4-9-30 (4) )

5. Assess property and levy ad valorem property taxes and uniform service charges and create by ordinance ofcounty council special tax districts related to the nature and level of government services provided; (Sec. 4-9-30 (5) details the functions and operations for which special tax districts can be created )

6. Establish such agencies, departments, boards, commissions and positions in the county as may be necessary andproper to provide services of local concern for public purposes;

7. Develop personnel system policies and procedures for county employees by which all county employees areregulated except those elected directly by the people, and to be responsible for the employment and discharge ofcounty personnel in those county departments in which the employment authority is vested in countygovernment;

8. Provide for an accounting and reporting system whereby funds are received, safely kept, allocated anddisbursed;

9. Provide for land use and promulgate regulations;

10. Establish and implement policies and procedures for the issuance of revenue and general obligation bondssubject to the bonded debt limitation;

11. Grant franchises in areas outside the corporate limits of municipalities within the county in the manner providedfor municipalities and subject to the same limitations, to provide for the orderly control of services and utilitiesaffected with the public interest; (Sec. 4-9-30 (11) places some limitations)

12. Levy uniform license taxes upon persons and businesses engaged in or intending to engage in any business,occupation or profession, in whole or in part, within the county but outside the corporate limits of anymunicipality. (See Section 4-9-30 (12) for limitations). Any such license tax shall be graduated according to thegross income of the person or business taxed. (See Section 4-9-30 (12) for how this is applied where the personor business is paying such a tax to a another county or a municipality).

13. Participate in multi-county projects and programs authorized by the general law and appropriate funds for suchprojects and programs;

14. Enact ordinances for the implementation and enforcement of the powers granted in this section and providepenalties for violations thereof not to exceed the penalty jurisdiction of magistrate’s courts;

15. Carry out slum clearance and redevelopment work in areas that are predominately slum or blighted, preparesuch areas for reuse, and sale or otherwise dispose of such areas to private or public enterprises. Counties canexercise eminent domain to any property essential to the plan of slum clearance and redevelopment. Anycounty may acquire and dispose of air rights or subsurface rights;

16. Conduct advisory referenda;

17. Enact ordinances to regulate solicitation within the county;

18. Obtain injunctive relief in the Court of Common Pleas to abate nuisances created by the operation of businessestablishments in an excessively noisy or disorderly manner which disturbs the peace in the community inwhich such establishments are located; and

19. Exercise such other powers as may be authorized for counties by the general law.

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Municipalities in South Carolina

Municipal government in the United States had its origins in Europe, particularly the English parish and borough.The parish was a unit of church service and road maintenance. The English borough was a populated area that hadreceived a charter from the king permitting the borough to engage in business and government. The parish andborough concepts evolved into the American municipality (Zimmerman, 1970: 9).

Although each American colony had a governor, a legislative body and a court system, the colonists found it usefulto establish local units of government, i.e., cities and counties. These units were patterned closely on English modelsand were created and permitted to exist under the authority of the king or colonial governor (Chudacoff, 1975: 2).The earliest state constitutions gave state legislatures authority to create local units of government and to alter thepowers, organization and boundaries of existing units. Municipal corporations were set up to provide specialservices which counties were unable or unwilling to provide (Zimmerman, 1970: 9).

In colonial times, cities were incorporated and their charters granted by colonial governors, acting in the name of theking or the colony's proprietor. The charter was regarded as a contract between the governor and the municipalityand was thus not subject to alteration without mutual consent. After the American Revolution, charters continued tobe granted by state legislatures and came to be regarded as ordinary legislation, capable of being amended or evenrepealed by the legislature (Caraley, 1977: 59).

Until the middle of the nineteenth century, it was common practice for state legislatures to grant municipal chartersby special legislative act. Each city charter was unique since special legislation defined the form of government andscope of authority for the city being chartered. From the mid-nineteenth century onward there has been a movementaway from special legislation for cities. An increasing number of states enacted general legislation which providedthat charters could be granted upon petition by a required number of inhabitants and compliance with various otherrequirements such as referendum (Caraley, 1977: 59-60).

The first European settlement in South Carolina was San Miguel, a Spanish settlement, established in 1526 in thearea of Winyah Bay on the South Carolina coast. In 1562 a French settlement called Charlesfort was established onwhat is now Parris Island. Both the French and Spanish settlements were short-lived (Sherrill and Stoudemire, 1950:1).

It was not until 1670 that a permanent European presence was established in what would become South Carolina. Inthat year an English expedition settled on the South Carolina coast on the west bank of the Ashley River. This firstcommunity was called Albemarle Point. The Albemarle Point community grew and a town was planned in 1672.The new town was named Charles Town in 1679 and became the seat of government for South Carolina in 1680.South Carolina became a state government in 1776. Charleston, as the city came to be called, was incorporated bystate legislative act in 1783 (Wallace, 1934: 28-30).

Until 1950 Charleston was South Carolina's largest city and indeed during colonial times was one of the nation'slargest cities. Throughout the colonial period Charleston was the commercial, political and social center of theprovince.

Until 1896 the state legislature followed the practice of incorporating municipal governments by special legislativeaction. By 1896 approximately 250 cities had been incorporated in South Carolina by special action of the statelegislature.

The state constitution adopted in December of 1895 altered municipal incorporation procedures. From 1896 onwardmunicipalities have been eligible to incorporate under general rather than special state legislation. The general

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legislation has consistently provided for local action (an election) and state action by the South Carolina Secretary ofState (Sherrill and Stoudemire, 1950: 9).

Of course, some of these early municipalities have lost their corporate charter either through voluntary dissolution orbecause the city population fell below the minimum of 100 persons for corporate status (the present minimumpopulation is 50 persons). Also, cities that were incorporated under special state legislation were chartered for afixed period of time and, in some cases, the legislative charter was not renewed.

The number of municipalities in South Carolina has remained fairly consistent from the late nineteenth centuryonward. In 1896, the first year under the Constitution of 1895, there were at least 250 municipalities in the state. In1940 the U.S. Bureau of the Census reported that there were 248 municipalities in South Carolina with populationsover 2,500. No officially recognized list of South Carolina municipalities existed prior to 1944 when the MunicipalAssociation of South Carolina began maintaining records on active municipalities in the state. There are currently269 municipalities in South Carolina.

Legal Status of the Municipal Corporation

The roles of municipalities in South Carolina and in the United States are defined by legal interpretation. Our federalsystem of government provides no inherent "right" to local self-government. The powers assumed by statelegislatures during the American Revolution ensured extensive state control over municipal governments by themid-nineteenth century. State intervention grew even stronger during the time of governmental reform from the latenineteenth and early twentieth centuries.

The generally held view that cities are subordinate units or subdivisions of the state was summarized in 1868 byJustice John Dillon of the Iowa Supreme Court. What came to be known as "Dillon's Rule" reads:

It is a general and undisputed proposition of law that a municipal corporation possesses and can exercisethe following powers, and no others: First, those granted in express words; second, those necessarily orfairly implied in or incident to the declared objects and purposes of the corporation - not simply convenient,but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is resolved bythe courts against the corporation, and the power is denied (Dillon, 1911: 448).

Dillon's Rule confirmed the notion that municipal corporations "…owe their origin to, and derive their powers fromthe state legislature” (Dillon, 1911: 448). The scope of legal authority enjoyed by municipalities in each statedepends on whether they have been granted constitutional or statutory home rule and the interpretive rulings madeby the state's courts.

In Williams v. Town of Hilton Head Island the South Carolina Supreme Court explicitly struck down Dillon’s Rulein South Carolina. In this case the court interpreted broadly local governments’ exercise of police powers underhome rule.

Like counties, South Carolina’s municipalities benefited from a 1973 revision of the state's 1895 Constitution. Asrevised, the Constitution provides a new local government article (Article VIII) which requires that both city andcounty governments be operated under a framework of general laws. The General Assembly was authorized toestablish such a general framework. The Local Government Act, signed into law in 1975, did not grant full or truehome rule whereby cities could draft their own local charters but it did grant uniform powers and authority to allSouth Carolina municipalities. Prior to the Local Government Act of 1975 municipal authority was not equallyshared among all cities. Some municipalities enjoyed special legal authority not granted to others; some powerswere granted based on city population or classification. While home rule did not alter municipal powers andfunctions as established under previous laws or legislation, it did provide uniformity and promoted a greater degreeof local determination.

With the implementation of The Local Government Act in July, 1976, municipal governments were required toselect one of three alternate forms of government: the mayor-council form; the council form; or the council-manager

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form. City councils were also required to select one of five methods of council election. Additional features of theLocal Government Act required that municipalities have an annual budget and audit, establish uniform legislativeprocedures, provide for local initiative and referendum, and outline procedures for providing joint city/countyservices (Pomeroy, 1979: 1-2).

Forms of Municipal Government

The Home Rule Act of 1975 enacted the mandates of the revised Article VIII of the South Carolina Constitution. The Actprovides for three forms of municipal government: the mayor-council (strong mayor) form; the council (weak mayor) form;and the council-manager form. All municipalities in South Carolina operate under one of these three forms. The processfor selecting and altering forms of municipal government is addressed in Chapter 5 of the Code of Laws of South Carolina.As with county forms of government, a primary distinguishing feature of the forms of municipal government is whereexecutive authority resides. Each of the forms is discussed below.

Mayor-Council Form

Under the mayor-council form of government there is a mayor and a council of four, six, eight or twelve councilmembers. The mayor is elected at-large and serves a term of two or four years. (Sec. 5-9-20) In case of four yearterms not more than one-half of the council and the mayor may be elected in the same general election. (Sec. 5-15-40) This form is often referred to as the “strong mayor” form because the mayor holds both executive and legislativepowers.

The powers and duties of the mayor are delineated in Section 5-9-30:

1. To appoint, suspend or remove municipal employees and appointive administrative officers;

2. To direct and supervise the administration of all departments, offices and agencies of the municipality;

3. To preside at meetings of the council and vote as other council members;

4. To act to insure that all laws and ordinances of the council are faithfully executed;

5. To prepare and submit the annual balanced budget and capital program to the council;

6. To submit to the council and make available to the public a complete report on the finances and administrativeactivities of the municipality as of the end of each fiscal year;

7. To make other reports concerning the operations of municipal departments, offices and agencies subject to his directionand supervision; and

8. To designate a municipal judge in case of the temporary absence, sickness, or disability of the regular municipal judge.

The council has all powers not otherwise prohibited by law. The council has the following powers and duties:

1. To exercise all legislative powers; (Sec. 5-7-160)

2. To be the judge of the election and qualifications of its members and of the ground for forfeiture of their office; (Sec. 5-7-120)

3. To appoint the municipal clerk (Sec. 5-7-220), the municipal attorney and the municipal judge (Sec. 5-7-230), and themunicipal election commission; (Sec. 5-15-90)

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4. To establish municipal departments, offices, and agencies and determine their functions; (Sec. 5-9-40)

5. To adopt an annual balanced budget for the operation of the municipality and for capital improvements; (Sec. 5-7-260)

6. Investigate any department of the municipal government and any office thereof and can compel the attendance ofwitnesses and to require them to give evidence under oath in the same manner as is customary in the courts of thisState; (Sec. 5-7-100)

7. Judge the election and qualifications of its members and of the grounds for forfeiture of their office and for that purposeshall have power to subpoena witnesses, administer oaths and require the production of evidence; (Sec. 5-7-210)

8. Provide for an independent annual audit of financial records and transactions of the municipality and agencies fundedby municipal funds; (Sec. 5-7-240)

The mayor and council may employ an administrator to assist the mayor. (Sec. 5-9-40)

The mayor-council form of government is by far the most popular of the three forms in terms of municipalities adopting theform. A full 57.2% of the municipalities (154) operate under the mayor-council form. A list of these municipalities isprovided below.

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Mayor-Council Form Municipalities

Andrews Greeleyville Olar TurbevilleAynor Harleyville Pacolet VanceBamberg Hickory Grove Parksville WardBethune Hilda Patrick WaterlooBlackville Hodges Pawleys Island WellfordBlenheim Holly Hill Paxville West PelzerBluffton Hollywood Peak WhitmireBlythewood Honea Path Pelion WilliamsBonneau Inman Pelzer WilliamstonBowman Iva Pendleton WillistonBriarcliffe Acres Jackson Perry WindsorBrunson Jamestown Pinewood WoodfordBurnettown Johnston Plum Branch YemasseeCalhoun Falls Jonesville PomariaCameron Kiawah Island ProsperityCarlisle Kline QuinbyCentral Pacolet Lake City RavenelChapin Lamar ReevesvilleCharleston Lane ReidvilleCheraw Latta RichburgChesterfield Laurens Ridge SpringCope Liberty RidgevilleCordova Lincolnville RidgewayCottageville Little Mountain RockvilleCross Hill Lockhart RowesvilleDarlington Lodge RubyDenmark Lowndesville SaludaDonalds Lowrys SanteeDue West Luray ScotiaEasley Lyman ScrantonEastover Marion Seabrook IslandEdgefield Mayesville SellersEhrhardt McClellanville SenecaElgin McColl SharonElko McConnells SilverstreetElloree McCormick SmyrnaEutawville Meggett SnellingFairfax Moncks Corner Society HillFolly Beach Monetta SpringfieldFort Lawn Mount Croghan St. StephenFountain Inn Nichols StarrGaston Ninety Six SummitGeorgetown North TatumGifford North Augusta Tega CayGoose Creek North Charleston Travelers RestGovan Norway TrentonGray Court Olanta Troy

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Council Form

Under the council form of municipal government both administrative and legislative powers are vested in thecouncil. (Sec. 5-11-30) Council is composed of a mayor and five, seven, or nine members including the mayorelected for two or four year terms of office. (Sec. 5-11-20) If the term of office is four years then not more than one-half of the council and mayor shall be elected in the same general election. (Sec. 5-15-40)

The mayor has no authority apart from other council members except:

1. To preside over meetings;

2. To call special meetings;

3. To designate a municipal judge in case of the temporary absence, sickness, or disability of the regular municipal judge;and

4. To perform administrative duties authorized by council, if any.

The council has all powers not otherwise prohibited by law. The council has the following powers and duties:

1. To exercise all legislative and administrative powers; (Sec. 5-11-30)

2. To appoint the municipal clerk, (Sec. 5-7-220) the municipal attorney and the municipal judge, (Sec. 5-7-230) and themunicipal election commission; (Sec. 5-15-90)

3. To establish municipal departments, offices, and agencies and determine their functions; (Sec. 5-11-40)

4. To adopt an annual balanced budget for the operation of the municipality and for capital improvements; (Sec. 5-7-260)

5. Investigate any department of the municipal government and any office thereof and can compel the attendance ofwitnesses and to require them to give evidence under oath in the same manner as is customary in the courts of thisState; (Sec. 5-7-100)

6. Judge the election and qualifications of its members and of the grounds for forfeiture of their office and for that purposeshall have power to subpoena witnesses, administer oaths and require the production of evidence; (Sec. 5-7-210)

7. Provide for an independent annual audit of financial records and transactions of the municipality and agencies fundedby municipal funds; (Sec. 5-7-240)

Some 86 municipalities operate under the council form of government. A list of these municipalities is providedbelow.

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Council Form Municipalities

Allendale MauldinArcadia Lakes McBeeAwendaw Mount CroghanBarnwell Mount PleasantBelton MullinsBennettsville New EllentonBishopville NorrisBlacksburg OrangeburgBranchville PagelandCampobello PamplicoCentral PickensChesnee PickensChester Pine RidgeClemson RidgelandClio SalemClover SalleyConway SimpsonvilleCoward Six MileCowpens SmoaksDuncan South CongareeEdisto Beach SpringdaleEstill St. GeorgeForest Acres St. MatthewsFurman StuckeyGaffney Sullivan's IslandGilbert SummertonGreat Falls SummervilleGreer Surfside BeachHampton SwanseaHanahan SycamoreHardeeville TimmonsvilleHeath Springs UlmerHemingway UnionIrmo VarnvilleIsle of Palms WagenerJefferson WalhallaJohnsonville Ware ShoalsKershaw West ColumbiaLake View West UnionLancaster WestministerLandrumLexingtonLivingstonLorisLynchburgManning

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Council-Manager

The council-manager form of government is laid out in Chapter 13 of Title 5 of the Code of Laws of South Carolina. Underthe council-manager form there is a mayor and council composed of four, six, or eight members elected for two or four yearterms. The mayor acts as another member of council except that the mayor:

1. Presides over council meetings;

2. Calls special meetings; and

3. Designates a municipal judge in case of the temporary absence, sickness, or disability of the regular municipaljudge.

All legislative powers of the municipality and the determination of all matters of policy are vested in the council. Thepowers are spelled out in Section 5-13-30. The council shall:

1. Employ a manager;

2. Establish other administrative departments and assign and distribute the work thereof upon recommendation ofand with the approval of the manager;

3. Adopt the budget of the municipality;

4. Authorize the issuance of bonds by bond ordinance, subject to such restrictions and limitations as may beprescribed by law;

5. Have the power to inquire into the conduct of any office, department or agency of the municipality and for ageneral survey of municipal business;

6. Adopt plats;

7. Adopt and modify the official map of the municipality;

8. Provide for an independent annual audit of the books and business affairs of the municipality and for a generalsurvey of municipal business;

9. Provide for the general health and welfare of the municipality in accordance with the statute law of the Statewith reference to the general police powers granted to municipalities;

10. Enact ordinances of any nature and kind, not prohibited by the law of Constitution of the State or of the UnitedStates; and

11. With the advice of the manager, appoint all committees, boards and commissions relating to the affairs of themunicipal government, except as otherwise provided by law. (Sec. 5-13-30)

According to the Code of Laws, Section 5-13-90, the manager is the chief executive officer and head of theadministrative branch of the municipal government. The manager shall:

1. Appoint and, when necessary for the good of the municipality, remove any appointive officer or employee ofthe municipality and fix the salaries of such officers and employees, except as otherwise provided in thischapter or prohibited by law and except as he may authorize the head of a department or office to appoint andremove subordinates is such department or office;

2. Prepare the budget annually, submit it to the municipal council and be responsible for its administration afteradoption;

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3. Prepare and submit to the municipal council at the end of each fiscal year a complete annual report on thefinances and administrative activities of the municipality for the preceding year and make such other financialreports from time to time as may be required by the council or by Chapter 1 through 17;

4. Keep the municipal council advised of the financial condition and future needs of the municipality and makesuch recommendations as may seem to him desirable;

5. Perform such other duties as may be prescribed by law or required of him by the municipal council, notinconsistent with the provisions of Chapters 1 through 17.

The manager is employed by the council in accordance with terms of employment and compensation determined bycouncil. If the council determines to remove the manager he shall be given a written statement of the reasons alleged for theproposed removal and the right to a hearing at a public meeting of the council. (Sec. 5-13-70)

There are only 29 council-manager municipalities in South Carolina. A list of these follows.

AbbevilleAikenAndersonAtlantic BeachBatesburg-LeesvilleBeaufortCamdenCayceClintonColumbiaDillonFlorenceFort MillGreenvilleGreenwoodHartsvilleHilton Head IslandKingstreeMyrtle BeachNewberryNorth Myrtle BeachPort RoyalRock HillSpartanburgSumterWalterboroWinnsboroWoodruffYork

General Powers of Municipal Governments

The general powers of municipalities in South Carolina are spelled out in the Code of Laws of South Carolina. Eachmunicipality of the State, in addition to the powers conferred to its specific form of government has the power to:

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1. Enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and the general law of this State,including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in relation toroads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appearsto it necessary and proper for the security, general welfare, and convenience of the municipality or for preservinghealth, peace, order, and good government in it;

2. Levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, andestablish uniform service charges relating to them;

3. Abate nuisances;

4. Provide police protection in contiguous municipalities and in unincorporated areas located not more than three milesfrom the municipal limits upon the request and agreement of the contiguous municipality or the county, includingagreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officersshall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers’compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminalprocess within the extended jurisdictional area; provided, however, that this shall not extend the effect of the laws of themunicipality beyond its corporate boundaries;

5. Grant franchises for the use of public streets and make charges for them;

6. Engage in the recreation function;

7. Levy a business license tax on gross income;

8. Borrow in anticipation of taxes;

9. Pledge revenues to collected and the full faith and credit of the municipality against its note and conduct advisoryreferenda;

10. Fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars orimprisonment not exceeding thirty days; and

11. For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, levy a surtaxupon the business license of a person doing business in a designated area, in an amount not to exceed fifty percent ofthe current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. (Powers1-11 are set out in Sec. 5-7-30)

Other powers conferred upon municipalities include the authority to:

12. Own and possess property within and without their corporate limits, real, personal or mixed, without limitation andmay, by resolution of the council adopted at a public meeting and upon such terms and conditions as such council maydeem advisable, sell, alien, convey, lease or otherwise dispose of any such property at will; (Sec. 5-7-40)

13. Condemn land or right-of-way or easement; (Sec. 5-7-50)

14. Contract with any individual, corporation, state or political subdivision or agency or with the United State Governmentto perform any of its functions or to furnish any of its services; (Sec. 5-7-60)

15. Require that the owner of any lot or property in the municipality shall keep such lot or property clean and free ofrubbish, debris and other unhealthy and unsightly material or conditions which constitute a public nuisance; (Sec. 5-7-80)

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16. Notify the owner of conditions needing correction, may require that the owner take such action as is necessary tocorrect the conditions, may provide the terms and conditions under which employees of the municipality or any personemployed for that purpose may go upon the property to correct the conditions and my provide that the cost of such shallbecome a lien upon the real estate and shall be collectable in the same manner as municipal taxes; (Sec. 5-7-80)

17. Try all persons charged with violations of the ordinances of the municipality or the laws of the State within theirjurisdiction in a summary without a jury unless jury trial is demanded by the accused; (5-7-90)

18. Appoint or elect as many police officers, regular or special, as may be necessary for the proper law enforcement in suchmunicipality and fix their salaries and prescribe their duties; (Sec. 5-7-110) and

19. Send law enforcement officers to other political subdivisions of the State upon request in emergency situations; (Sec.5-7-120)

The powers of the municipality are vested in council. (Sec. 5-7-160)

The Local Governmental Service Delivery System

South Carolina municipalities and counties (counties since the passage of the Home Rule Act of 1975) have thelegal authority to, and do, provide a broad array of services for their residents and others that visit or work in theircommunities. Prior to the mid-1970s counties were limited in the types and range of services they provided by the“county purpose doctrine” which allowed counties to provide only a few services. These services range from suchbasic services as police, fire, water and sewer to housing, cultural activities, and recreation and are driven by theneeds and demands of their citizenry. Many of these services are provided solely and directly by the counties andmunicipalities, but others are delivered in cooperation with other local governments; others still are delivered by thestate, special purpose districts, the private sector, or the non-profit sector.

These cooperative service delivery arrangements are permissible under South Carolina’s Constitution and state law.The Constitution permits counties, municipalities, and other political subdivisions great latitude in terms of themanner in which these services are provided. South Carolina local governments have the authority to consolidatefunctions through the use of intergovernmental, or interlocal, agreements. They also have the authority to enter intoagreements with the state, as well as the private and non-profit sectors to meet the service needs and demands oftheir citizens. (Art. VIII, Sec. 13, SC Constitution) A 1987 report by the SCACIR found a relatively high level ofcooperative service delivery efforts, particularly in the areas of tax billing and collection, water, sewer, garbagecollection, and landfill facilities. (SCACIR, 1987) A 1997 survey of the 46 counties conducted by the Center forGovernance of USC’s Institute of Public Affairs found that local governments had entered into interlocal serviceagreements to deliver 27 distinct services. The survey also documented a large and growing number of successfulcooperative service efforts. These ranged from regional solid waste collection and water and sewer programs, jointindustrial parks, GIS services, public defender services to multi-county transportation efforts. (Pierce, 1997) Allindications are that these efforts to make the provision of services more effective and financially feasible arecontinuing and are likely to increase in the future as more such efforts result in success and service demandscontinue to escalate.

Although no local governments have done so to date, South Carolina local governments have the authority to enterinto political consolidation, which merges local governments on a countywide basis. Municipalities have had theauthority to merge for some time and periodically do so, take for example the merger of Batesburg and Leesville inthe early 1990s into the new town of Batesburg-Leesville. In 1972 the voters of the state approved an amendment toArticle VIII of the State Constitution which authorized this type of consolidation. This amendment required theGeneral Assembly to provide by law for the procedures by which this process could take place. Repeatedly from1972-1992, this issue was discussed and legislation was filed in the General Assembly. Although this was simplyenabling legislation, providing another structural option for local governance, special purpose districts and publicutilities lobbied successfully against passage of such enabling legislation. All legislative attempts to enact statutesfailed until 1992. (Pierce and Smith, 1998) Finally in 1992 the General Assembly passed enabling legislation toallow political consolidation. (Sec. 4-9-41, 4-8-10 et seq.) The local governments in Richland County are the only

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ones to take a serious look at political consolidation to date and their efforts ended due primarily to technical flawsin the legislation.

Local governments are also authorized to collaborate in the area of economic development. Under Section 4-1-170of the South Carolina Code two or more counties may join together in developing an industrial or business park.They are required to share expenses and share revenues equitably when entering into such a venture. (Sec. 4-1-170)

Another approach to rationalizing the delivery of services in annexation. Annexation allows municipalities toincrease the service area size so as to provide urban or municipal level services to the more densely populatedsuburban circles around the city. Often county officials view annexation as a threat. In reality, however, annexationmay have positive benefits for counties, particularly those experiencing areas of rapid “urban” growth where citizensexpect a higher level of services. If such an area is annexed, the responsibility for providing these services becomesthe responsibility of the city, while the property tax revenue for the county from the annexed area is not reduced.Thus, counties can see demand for services from fast-growing areas decrease while property tax revenue does not.(Pierce and Smith, 1998) This allows counties to concentrate their limited financial resources on serving the morerural areas of the county. It should be pointed out that the annexation laws are very restrictive.

Service Survey

Overview

A majority of the governmental services that affect the day-to-day lives of citizens in South Carolina are providedby general purpose local governments; e.g. fire and police protection, emergency medical services, infrastructure(water, sewer, drainage, streets, sidewalks, etc.), parks and recreation. In an attempt to better understand how theseservices are delivered in South Carolina we conducted a survey of all municipalities and counties in the state.Surveys were sent to the chief administrative officer or chief elected official (mayor or council chair) in each of the269 municipalities and 46 counties. They were asked to indicate from a list of 39 services which ones theirjurisdiction delivered. For those their jurisdiction did not deliver they were asked to indicate whether some otherentity was providing the service for their residents. The other entities from which they could choose included thefollowing; state agency, council of governments, nonprofit, special purpose district, private business, county, city,other city, and other county. We should stress that no attempt was made to assess the quality of the servicesdelivered. It is very often the case that the quality of a service delivered by two local governments varies greatly.

The overall response rate for the survey was 62.5%. Some 169 of the 269 municipalities responded for a responserate of 62.8%. Twenty-eight of the 46 counties responded to the survey, a 60.1% response rate. Table 2 provides thepopulation breakdown of the local governments responding. The results of our analysis of the responses to thesurvey are provided below.

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Table 2Response Rate by Population

Counties

# of SCPopulation Counties # Responding % Responding

25,000 and under 12 6 50.025,001 – 50,000 12 6 50.050,001 – 99,999 8 6 75.0100,000 and over 14 10 71.4

Municipalities

# of SC

Population Munici. # Responding % Responding

1,000 and under 128 70 54.71,001 – 5,000 85 52 61.25,001 – 10,000 26 21 80.810,000 – 20,000 14 13 92.920,001 – 39,999 11 8 72.740,000 and over 5 5 100.0

Findings

A majority of the 28 counties responding reported that they provided 27 of the 39 services included on the survey.In fact, 100% of the counties reported providing the following services; police/law enforcement, magistrates court,victims assistance, library, and tax collection. Of the 39 services included in the survey only 14 were delivered by amajority of the 169 cities responding. The most often delivered services by municipalities include business licenseadministration (87.6%), beautification/appearance (83.4%), police/law enforcement (79.3%), municipal court(78.7%), parks (72.2%), fire protection (68.6%), planning (66.3%), zoning administration (64.5%) and victimsassistance (62.7%).

Table 3 below masks a very important point. When it comes to the delivery of services by local governments inSouth Carolina size counts, particularly when considering municipalities. These differences are displayed in Tables4 and 5. A review of the survey results reveals that population does have some affect on the services that aparticular county delivers. A majority of the counties with populations of 50,000 or less indicated that they provided23 of the 39 services included in the survey while a majority of those over 50,000 in population reported that theydelivered 27 of the 39 services to their citizens. This small difference is reflected in Table 4.

A review of the survey results reveals that population does have some affect on the services that a particular countydelivers. A majority of the counties with populations of 50,000 or less indicated that they provided 23 of the 39services included in the survey while a majority of those over 50,000 in population reported that they delivered 27 ofthe 39 services to their citizens. This small difference is reflected in Table 4.

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Table 3Services Delivered at the Local Level By Counties and Municipalities

% of All % of AllService/Function Counties Municipalities

Public SafetyPolice/Law Enforcement 100.0 79.3Dispatch 96.4 26.0Animal Control 92.9 30.8Emergency Medical Services 82.1 16.0First Response 78.6 41.4Fire Protection 75.0 68.6

Solid Waste

Litter Control 96.4 48.5Recycling 96.4 37.3Solid Waste Collection 71.4 61.5Solid Waste Disposal 71.4 23.1

Transportation

Road (Street) and Bridge Maintenance 89.3 34.3Road (Street) and Bridge Paving 57.1 14.2Road (Street) Construction 53.6 16.0Sidewalk Construction 21.4 28.4Sidewalk Maintenance 25.0 40.8Mass Transit 7.1 5.3

Utilities

Storm Water Management 57.1 45.0Water 14.3 60.9Sewer 17.9 55.6Electric 0.0 13.6Natural Gas 0.0 6.5

JudicialMagistrates/Municipal Court 100.0 78.7Victims Assistance 100.0 62.7

Detention

Jail 96.4 9.5Juvenile Detention 32.1 3.6

Leisure/Cultural ActivitiesLibrary 100.0 13.0Recreation 75.0 54.4Parks 67.9 72.2Cultural Activities 39.3 31.4

Planning and Inspections

Planning 92.9 66.3Building Inspections 89.3 49.7Zoning Administration 71.4 64.5

Tax Collection and Administration

Tax Collection 100.0 18.3Business License Administration 21.4 87.6

Community and Economic DevelopmentCommunity Development 50.0 60.9Economic Development 96.4 37.9Housing 10.7 23.1

Appearance

Rights-of-Way Maintenance 67.9 39.6Beautification/Appearance 57.1 83.4

N=28 N=169

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Table 4Impact of Population on Service Delivery: Counties

% of All % 50,000 % MoreService/Function Counties or Less Than 50,000

Public SafetyPolice/Law Enforcement 100.0 100.0 100.0Dispatch 96.4 91.7 100.0Animal Control 92.9 83.3 100.0Emergency Medical Services 82.1 75.0 87.5First Response 78.6 75.0 81.3Fire Protection 75.0 83.3 68.8

Solid Waste

Litter Control 96.4 91.7 100.0Recycling 96.4 100.0 93.8Solid Waste Collection 71.4 75.0 68.8Solid Waste Disposal 71.4 75.0 68.8

Transportation

Road and Bridge Maintenance 89.3 83.3 93.8Road and Bridge Paving 57.1 33.3 75.0Road Construction 53.6 33.3 68.8Sidewalk Construction 21.4 8.3 31.3Sidewalk Maintenance 25.0 8.3 37.5Mass Transit 7.1 8.3 12.5

Utilities

Storm Water Management 57.1 50.0 62.5Water 14.3 16.7 12.5Sewer 17.9 8.3 31.2Electric 0.0 0.0 0.0Natural Gas 0.0 0.0 0.0

JudicialMagistrates/Municipal Court 100.0 100.0 100.0Victims Assistance 100.0 100.0 100.0

Detention

Jail 96.4 91.7 100.0Juvenile Detention 32.1 8.3 50.0

Leisure/Cultural ActivitiesLibrary 100.0 100.0 100.0Recreation 75.0 83.3 68.8Parks 67.9 50.0 81.3Cultural Activities 39.3 41.7 37.5

Planning and Inspections

Planning 92.9 91.7 93.8Building Inspections 89.3 91.7 93.8Zoning Administration 71.4 58.3 81.3

Tax Collection and Administration

Tax Collection 100.0 100.0 100.0Business License Administration 21.4 16.7 25.0

Community and Economic DevelopmentCommunity Development 50.0 50.0 50.0Economic Development 96.4 100.0 93.8Housing 10.7 16.8 6.3

Appearance

Rights-of-Way Maintenance 67.9 58.3 75.0Beautification/Appearance 57.1 41.7 75.0

N=28 N=12 N=16

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As Table 5 reveals the difference based on population is much more significant in the case of the municipalities. It isvery clear from even the most cursory review of the results of this survey that municipalities vary greatly in theservices they deliver. It is equally clear that the population of the jurisdiction is a clear factor in determining thetype and range of services provided. Municipalities with populations of 5,000 or above are much more likely toprovide a broad range of services (27 of the 39 services) as opposed to those with populations of less than 5,000. Amajority of these small municipalities, which by the way account for % of the 269 municipalities in the state,reported only providing 13 of the 39 services. The difference is even more striking when municipalities under 1,000in population are considered. A majority of these very small local governments reported delivering onlyAs Table reveals the difference based on population is much more significant in the case of the municipalities. It isvery clear from even the most cursory review of the results of this survey that municipalities vary greatly in theservices they deliver. It is equally clear that the population of the jurisdiction is a clear factor in determining thetype and range of services provided. Municipalities with populations of 5,000 or above are much more likely toprovide a broad range of services (27 of the 39 services) as opposed to those with populations of less than 5,000. Amajority of these small municipalities, which by the way account for % of the 269 municipalities in the state,reported only providing 13 of the 39 services. The difference is even more striking when municipalities under 1,000in population are considered. A majority of these very small local governments reported delivering only fiveservices; police (54.3%), parks (55.7%), business license administration (74.3%), beautification/appearance(65.7%), and municipal court (57.1%). This means that a majority of the municipalities with populations of less than1,000 do not deliver 34 of the services included in the survey. Therefore, these very small local governments whomake up 176 of the 269 municipalities (65.4%) in South Carolina can best be characterized as limited servicegovernments and, further, are very dependent on other entities for the provision of basic services.

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Table 5Impact of Population on Service Delivery: Municipalities

% of All % 5,000 % BelowService/Function Municip. and Above 5,000

Public SafetyPolice/Law Enforcement 79.3 97.9 72.1Dispatch 26.0 55.3 14.8Animal Control 30.8 70.2 15.6Emergency Medical Services 16.0 17.0 15.6First Response 41.4 68.1 31.2Fire Protection 68.6 80.1 63.9

Solid Waste

Litter Control 48.5 78.7 36.9Recycling 37.3 66.0 26.2Solid Waste Collection 61.5 87.2 51.6Solid Waste Disposal 23.1 23.4 22.9

Transportation

Street Maintenance 34.3 72.3 19.6Street and Bridge Paving 14.2 38.3 4.9Street Construction 16.0 40.3 6.5Sidewalk Construction 28.4 40.4 13.9Sidewalk Maintenance 40.8 76.6 27.1Mass Transit 5.3 8.5 4.1

Utilities

Storm Water Management 45.0 76.7 32.8Water 60.9 72.3 56.6Sewer 55.6 80.9 45.9Electric 13.6 23.4 9.8Natural Gas 6.5 8.5 5.7

JudicialMagistrates/Municipal Court 78.7 100.0 70.5Victims Assistance 62.7 91.5 51.6

Detention

Jail 9.5 21.3 4.9Juvenile Detention 3.6 6.4 2.7

Leisure/Cultural ActivitiesLibrary 13.0 6.4 15.6Recreation 54.4 63.8 50.8Parks 72.2 80.9 68.9Cultural Activities 31.4 55.3 22.1

Planning and Inspections

Planning 66.3 80.9 60.7Building Inspections 49.7 93.6 32.8Zoning Administration 64.5 93.6 53.3

Tax Collection and Administration

Tax Collection 18.3 29.8 13.9Business License Administration 87.6 95.7 84.4

Community and Economic DevelopmentCommunity Development 60.9 85.1 51.6Economic Development 37.9 61.7 28.7Housing 23.1 55.3 10.6

Appearance

Rights-of-Way Maintenance 39.6 80.9 23.8Beautification/Appearance 83.4 97.9 77.9

N=169 N=47 N=122

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Who provides which services at the local government level? For purposes of answering this question the 39 servicesincluded on the survey are broken into 11 service categories; public safety, solid waste, transportation, utilities,judicial, detention, leisure/cultural activities, planning and inspections, tax collection and administration, communityand economic development, and appearance. An examination of service provision for each of these categoriesfollows.

Public Safety: As Table 3 reveals local governments in South Carolina are clearly the primary providers of publicsafety services. South Carolina counties are major players in providing these services. Seventy-five percent or moreof the counties responding reported that they delivered all six of the public safety services. Municipalities taken as awhole are significant providers of two of the six, police/law enforcement and fire protection. Once again populationis a primary determinant of whether a municipality provides these services or not. (See Table 5) A majority of themunicipalities over 5,000 population reported providing all but one of the six services included in this category,emergency medical services. In the aggregate, special purpose districts and non-profits also are somewhat involvedin providing fire protection and emergency medical services.

% Counties % Muni.

Public SafetyPolice/Law Enforcement 100.0 79.3Dispatch 96.4 26.0Animal Control 92.9 30.8Emergency Medical Services 82.1 16.0First Response 78.6 41.4Fire Protection 75.0 68.6

Solid Waste: The counties are heavily involved in the provision of solid waste services. All four of the servicesincluded in this category are delivered by a majority of the counties. Of these services only one, solid wastecollection, is provided by a majority of the municipalities. The private sector is a significant player in providingboth solid waste collection and solid waste disposal services. Some 16 % of the counties and municipalitiesresponded that solid waste collection was provided by private business while 19.1% responded that private businesswas involved in solid waste disposal.

% Counties % Muni.

Solid WasteLitter Control 96.4 48.5Recycling 96.4 37.3Solid Waste Collection 71.4 61.5Solid Waste Disposal 71.4 23.1

Transportation: A majority of the counties reported being involved in road and bridge maintenance, road andbridge paving, and road construction. None of the transportation services were providing by a majority of the 169municipalities responding. However, when population is taken into consideration, the picture changes. A majorityof the municipalities with populations over 5,000 indicated that they were involved in street and bridge maintenanceand sidewalk maintenance and a significant number reported being involved in street and bridge paving (38.3%),street construction (40.3%), and sidewalk construction (40.4%). It is evident from the numbers displayed below thatneither counties nor municipalities are primary providers of mass transit. In fact, 46.4% of the counties and 71.4%of the municipalities indicated that mass transit was not provided by any entity in their jurisdiction.

% Counties % Muni.

TransportationRoad (Street) and Bridge Maintenance 89.3 34.3Road (Street) and Bridge Paving 57.1 14.2Road (Street) Construction 53.6 16.0Sidewalk Construction 21.4 28.4Sidewalk Maintenance 25.0 40.8Mass Transit 7.1 5.3

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The counties and municipalities reported that many of the transportation related services were provided either by theState or by multiple providers. This is particularly true of municipalities as the percentages reported belowillustrate.

Multiple StateService Providers Agency

Street and Bridge Paving 20.7% 34.3%Street and Bridge Maintenance 14.2% 28.4%Street Construction 17.8% 32.0%Sidewalk Maintenance 7.7% 27.8%Sidewalk Construction 7.7% 27.2%

Utilities: Counties are not major players in providing utility services. Of the five services listed in this category amajority of the counties indicated only that they were involved in storm water management. Municipalities are aprimary source of water and sewer services. Special purpose districts are also a major provider of these services incertain counties and municipalities. A small percentage of the counties reported that water (17.9%) and sewer(14.3%) services are delivered by multiple providers. It should be noted that these services are only available forsome residents in most, if not all, of the counties. None of the counties provide electricity or natural gas and only avery small percentage of the municipalities reported doing so. Electricity and natural gas are primarily provided byprivate business.

% Counties % Muni.

UtilitiesStorm Water Management 57.1 45.0Water 14.3 60.9Sewer 17.9 55.6Electric 0.0 13.6Natural Gas 0.0 6.5

Judicial: One hundred percent of the counties responding indicated that they provided the two services included inthis category. They also are a primary provider of these services for the minority of municipalities not providing theservices.

% Counties % Muni.

JudicialMagistrates/Municipal Court 100.0 78.7Victims Assistance 100.0 62.7

Detention: It is quite clear that the counties are the primary providers of jails at the local government level. Theyare also somewhat active in the area of juvenile detention. The municipalities look to the counties to provide jailservices and to the counties (43.8%) and the state (36.7%) for juvenile detention.

% Counties % Muni.

Detention

Jail 96.4 9.5Juvenile Detention 32.1 3.6

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Leisure/Cultural Activities: A majority of both the counties and municipalities reported providing recreationservices and parks. All of the counties are in the library business and both local government units are somewhatactive in providing cultural activities. Over 25 percent of both the counties and municipalities indicated thatnonprofit organizations were the primary providers of cultural activities in their jurisdiction. Almost a quarter(23.7%) of the municipalities reported that no one provided cultural activities for their residents.

% Counties % Muni.

Leisure/Cultural ActivitiesLibrary 100.0 13.0Recreation 75.0 54.4Parks 67.9 72.2Cultural Activities 39.3 31.4

Planning and Inspections: A majority of the counties are involved in planning, building inspections and zoningadministration while a majority of the municipalities are active in planning and zoning administration and justslightly less than half (49.7%) provide building inspections. As has been the case in many of the service categories,size clearly is a variable in determining whether a municipality will be involved in this service category. Considerthe following: 80.9% of the municipalities 5,000 and above deliver planning services while 60.7% of the smallermunicipalities do so; 93.6% of the larger municipalities are involved in building inspections and zoningadministration while only 32.8% and 53.3% of the municipalities below 5,000 population are.

% Counties % Muni.

Planning and Inspections

Planning 92.9 66.3Building Inspections 89.3 49.7Zoning Administration 71.4 64.5

Tax Collection and Administration: Counties are the primary collector of taxes at the local government level.They are less active in business license administration because relatively few of the counties assess business licensetaxes while the large majority of municipalities do collect such a tax.

% Counties % Muni.

Tax Collection and AdministrationTax Collection 100.0 18.3Business License Administration 21.4 87.6

Community and Economic Development: Counties are much more likely to undertake economic developmentservices than are cities while municipalities are somewhat more likely to be involved in community developmentactivities than are counties. Neither the counties nor the municipalities are heavily involved in providing housingservices. However, it is important to note that a majority of the larger municipalities reported providing all threeservices.

% Counties % Muni.

Community and Economic DevelopmentCommunity Development 50.0 60.9Economic Development 96.4 37.9Housing 10.7 23.1

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Appearance: The counties are more likely (67.9% to 39.6%) to undertake rights-of-way maintenance than are themunicipalities. On the other hand, the municipalities are significantly more involved in beautification/appearanceefforts. Once again the larger municipalities are much more likely to provide these services than their smallercounterparts: rights-of –way maintenance, 80.9% to 23.8%; and beautification/appearance efforts, 97.9% to 77.9%.

% Counties % Muni.

AppearanceRights-of-Way Maintenance 67.9 39.6Beautification/Appearance 57.1 83.4

Conclusions

The State Constitution and statutes specify the basic governance structure and the general powers, duties, andauthorities of counties and municipalities. The Constitution and statutes also grant significant and broad latitude andauthority to these general-purpose local governments to provide services based on the needs and expectations of itscitizens. To a large extent municipalities enjoyed this broad service authority prior to home rule. This was not thecase relative to the counties who were constrained by the “county purpose doctrine” which limited counties to theprovision of a small number of services. While both municipalities and counties are seeing increased demand forservices this is particularly true for counties as they transition from limited service to comprehensive service localgovernments. The pressure on county government to expand the scope and breadth of the services they offer is theresult of at least two factors: (1) the urbanization and suburbanization of a growing number of counties; and (2) therestrictive annexation laws in place in South Carolina. The ability of counties and municipalities to effectivelyrespond to these demands for services is some times problematic as the General Assembly has not extended “fiscal”home rule to them.

Local governments have certainly exercised the latitude and flexibility granted to them in the Constitution and statestatutes relative to the provision of services. The services and the manner in which they are provided by localgovernments vary greatly based on local demand, expectations, need, the vision of the community and its governingbody, and the nature of the relationships between the local governments. The quality and cost of these services alsovaries greatly from jurisdiction to jurisdiction. This is predictable and perhaps appropriate given the fact localgovernments in South Carolina exist and function within the context of “home-rule” which grants significant self-determination.

Although counties and municipalities are the primary providers of services at the local government level, they arenot the only ones. The private and non-profit sectors and special purpose districts are also significant players in theprovision of certain services. The state is a major provider of some services; in particular transportation relatedservices. The fact that there are multiple providers of local services is a mixed blessing. In some instances thisresults in a more efficient, cost-effective system while in others it results in confusion, inefficiency, unnecessarycompetition and duplication of services. The existing system is without doubt fragmented and lacks coordination butthere is increasing cooperation between general-purpose local governments as they deliver services to a growing andmore demanding population. Where competition for service territory occurs it often arises between the general-purpose governments and the special purpose districts and the public utilities. This is certainly not always the caseand there are some signs of increasing competition between municipalities and counties as counties begin to provide“municipal” services such as recreation and water and sewer. Special purpose districts and the role they play in thelocal service delivery system will be examined more fully in a separate report.

The question of what services a particular individual may have access to and who provides those services has to beanswered on a case by case basis. The answer depends on the service, the jurisdiction in which they live, where theylive in the jurisdiction, and the population of the jurisdiction. To truly understand the local government servicedelivery system in South Carolina one would need to look at all 46 counties and 269 municipalities on an individualbasis. There is not one service delivery system but rather multiple ones.

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The population of the local government, particularly in the case of municipalities, is a significant determinant in theservices provided and the manner in which the services are delivered. South Carolina is a state of predominantlysmall local governments. A large number of the small municipalities in this state can best be described as limitedservice local governments and as such are dependent on other entities to provide many services to their citizens andbusinesses.

Although rooted in the same Constitutional and statutory ground, perhaps local governments are best characterizedby the great variety they display when it comes to the services they provide and the manner in which they areprovided.

References:

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Andrews, C. (1983). Administrative County Government in South Carolina. Chapel Hill: University of NorthCarolina Press.

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Brown v. Horry County, State of South Carolina Supreme Court, Opinion No. 23633.

Caraley, Demetrios (1977). City Governments and Urban Problems. Englewood Cliffs, N.J.: Prentice-Hall.

Chudacoff, Howard P. (1975). The Evolution of American Urban Society. Englewood Cliffs, N.J.: Prentice-Hall.

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Pierce, Jon B. and Andrew, Chapter 13, A Handbook for South Carolina County Officials published by the SouthCarolina Association of Counties, 1998.

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State Superintendent of Education of the State of South Carolina (1949). 81st Annual Report. Columbia, S.C.:Department of Education.

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