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DIVISION 1. - GENERALLY#
Sec. 2-42. - Council.#
The council form of municipal government with a mayor and four councilmembers, as provided in S.C. Code 1976, §§ 5-11-10 through 5-11-40, is adopted by the town.
(Code 1995, § 1.08.010; Code 2006, § 30.01)
State Law reference— Council form of government, S.C. Code 1976, § 5-11-10 et seq.
Secs. 2-43—2-72. - Reserved.#
DIVISION 2. - MAYOR AND COUNCIL#
Sec. 2-73. - Qualifications and term of office.#
(a)
The mayor and councilmembers shall be qualified electors of the town, and they shall have resided within the corporate limits of the town for 30 days immediately preceding the day of election.
(b)
The mayor and councilmembers shall be elected for a term of four years.
(c)
The term of office shall be set so that no more than half of the council and the mayor shall be elected in the same general election.
(d)
The mayor and council shall be elected at large.
(Code 1995, § 2.04.010; Code 2006, § 30.15; Ord. of 8-3-1989; Ord. of 3-16-1995)
Sec. 2-74. - Powers and duties of mayor.#
The council delegates the following powers and duties to the mayor: (1)
The supervisory authority for the enforcement of the town laws and ordinances;
(2)
The appointment of advisory committees;
(3)
The signing or executing of checks, deeds, vouchers and other instruments during the town administrator's absence;
(4)
The general direction and supervision of the agencies, officers and other organizations of the town;
(5)
The authority to preside at meetings of the council and to represent the town in official and ceremonial matters; and
(6)
The authority to perform such other duties as authorized by the council.
(Code 1995, § 2.04.030; Code 2006, § 30.17; Ord. No. 08-2009, 6-4-2009)
Sec. 2-75. - Mayor pro tempore.#
(a)
The council shall, at the first meeting of the newly-constituted council after any general election for council, elect one of its members as mayor pro tempore for a term of two years.
(b)
It shall be the duty of the mayor pro tempore to act as mayor during the absence or disability of the mayor, or in case of a vacancy, in the office of mayor.
(Code 1995, § 2.04.040; Code 2006, § 30.18)
Sec. 2-76. - Compensation.#
The mayor and councilmembers shall receive such salaries as fixed by the council; provided that no increase or decrease in salary shall take effect during the term of the council in which the change is approved; provided further that a decrease in salary shall take effect immediately if approved by a unanimous vote of all the members of the council.
(Code 1995, § 2.04.050; Code 2006, § 30.19)
Sec. 2-77. - Emergency powers of mayor.#
(a)
A state of emergency shall be deemed to exist whenever, during times of great public crisis, disaster, rioting, civil disturbance, catastrophe, or when for any other reason municipal public safety authorities are unable to maintain public order or afford adequate protection for lives, safety, health, welfare or property.
(b)
In the event of a state of emergency threatening or endangering the lives, safety, health and welfare of the people within the town or threatening damage to or destruction of property, the mayor is authorized and empowered to issue a public proclamation declaring to all persons the existence of such a state of emergency, and in order more effectively to protect the lives, safety and property of the town, to define and impose a curfew applicable to all persons within the jurisdiction of the town.
(c)
The mayor is authorized and empowered to limit the application of such a curfew to any area specifically designated and described within the jurisdiction of the town and to specific hours of the day or night and to exempt from the curfew police officers, firefighters, doctors, nurses and such others as may be essential to the preservation of public order and immediately necessary to serve the needs of the people within the town.
(Code 1995, § 2.04.070; Code 2006, § 30.21)
Secs. 2-78—2-97. - Reserved.#
DIVISION 3. - COUNCIL MEETINGS#
Sec. 2-98. - Regular meetings.#
(a)
The regular meetings of the council shall be held at the town hall or at another place designated by the council at a time and date established by the council.
(b)
All meetings of the council shall be open to the public as required by state statutes. Written public notice of the meeting schedule will be given at the beginning of each calendar year. Notice of meetings shall be provided to the press and shall be posted in the lobby of the town hall at least 24 hours in advance of scheduled meetings.
(Code 1995, § 2.08.010; Code 2006, § 30.40; Ord. of 3-16-1995)
State Law reference— Notice of meetings, S.C. Code 1976, § 30-4-80; open meetings S.C. Code 1976, § 30-4-60.
Sec. 2-99. - Special meetings.#
(a)
The mayor shall convene the council upon written application signed by at least three members of the council. The application shall clearly state the reason for the request. Each councilmember shall be given at least 24-hours' notice of the date, time and place of the special meeting. The press shall be notified as soon as the meeting is called, and a notice shall be posted in the lobby of the town hall.
(b)
The mayor may call a meeting of the council without the consent of any other member of the council. A majority of the members of the council may call a meeting of the council. The call for the meeting shall be in writing and shall clearly state the nature of the business to be conducted and the time, date and place of the meeting. Each councilmember shall be given at least 24-hours' notice of the scheduled meeting time. No other business except that described in the notification shall be conducted by the council. The press shall be notified of the meeting, and a notice shall be posted in the lobby of the town hall.
(Code 1995, § 2.08.020; Code 2006, § 30.41; Ord. of 3-16-1995)
State Law reference— Council meetings, S.C. Code 1976, § 5-7-250.
Sec. 2-100. - Minutes.#
The clerk-treasurer shall attend all council meetings unless excused by the mayor or town administrator. The clerk-treasurer, or an individual designated by the town administrator in the clerk-treasurer's absence, shall keep minutes of the proceedings of the council. The minutes shall be prepared in written form and shall be presented to the council for approval. Approved minutes shall be maintained in a well-bound book as official records of the town.
(Code 1995, § 2.08.030; Code 2006, § 30.42; Ord. of 3-16-1995)
Sec. 2-101. - Executive sessions.#
The council, upon a majority vote of the membership, may meet in executive session for the purpose of discussion, but shall not transact any official business except in meetings that are open to the public.
(Code 1995, § 2.08.040; Code 2006, § 30.43)
Sec. 2-102. - Duty to attend meetings; penalty for failure.#
(a)
It shall be the duty of the mayor and councilmembers to attend all regular and special meetings of the council. Any member unable to attend shall notify the mayor, clerk-treasurer or town administrator prior to the meeting. The term "attendance" means joining the regular or specified meeting within ten minutes after the call to order at the appointed time and remaining until adjournment unless the council has agreed otherwise.
(b)
The mayor and each councilmember shall be allowed three absences from regular meetings per calendar year without penalty. The mayor or any councilmember shall not be paid for any regular meeting missed in excess of three. The pay per regular meeting shall be calculated as follows: the monthly pay divided by the number of regular meetings held during the month equals the pay per meeting. The appropriate amount for each regular meeting missed in excess of three per calendar year shall be deducted by the finance officers from the monthly pay.
(Code 1995, § 2.08.050; Code 2006, § 30.44; Ord. of 3-16-1995; Ord. No. 9-96, 10-3-1996)
Sec. 2-103. - Presiding officer; duties, generally.#
(a)
The mayor shall be the presiding officer of the council. In the absence of the mayor, the mayor pro tempore shall preside; in the absence of the mayor and mayor pro tempore, the council shall proceed to elect, if a quorum is found to be present, by a majority vote of those present, a chairperson of the meeting to preside until the mayor or mayor pro tempore appears.
(b)
The presiding officer shall preserve decorum and shall decide all questions of order subject, but any member dissatisfied with any of his decisions shall have the right to appeal to the council, and upon appeal, a majority vote of the council shall be necessary to overrule the presiding officer's decision.
(Code 1995, § 2.08.060; Code 2006, § 30.45)
Sec. 2-104. - Quorum; lack thereof.#
(a)
Any three members of the council shall constitute a quorum, and a majority of the quorum shall be empowered to transact business except as above-specified.
(b)
The clerk-treasurer shall call the roll at the hour that the meeting shall have convened and, if immediately thereafter a quorum is present, the mayor shall call the council to order and business may proceed. If a quorum is not present, the members may reschedule the meeting or send for the absent members. All questions concerning the absence of the members and possible actions to be taken against them shall not be determined until a quorum is present.
(Code 1995, § 2.08.070; Code 2006, § 30.46)
State Law reference— Quorum, S.C. Code 1976, § 5-7-160.
Sec. 2-105. - Agenda and order of proceedings of council.#
(a)
The clerk-treasurer shall prepare and provide to each councilmember, the press and the public an agenda setting forth the business to be conducted at the meeting. The order of the proceedings of the council shall be as established in the agenda set for each meeting. Councilmembers, upon a majority vote of the council, may add to, delete from, or change the order of proceedings during the meeting.
(b)
Upon the determination by the mayor that a quorum is present, business shall proceed as set forth in the agenda.
(Code 1995, § 2.08.080; Code 2006, § 30.47; Ord. of 3-16-1995; Ord. No. 08-2001, 9-6-2001; Ord. No. 02-2002, 3-21-2002; Ord. No. 12-2016, 10-4-2016)
Sec. 2-106. - Addressing the council.#
Every member of the council, when about to speak, shall address the mayor as Mister or Madame Mayor or Mister or Madame Chairperson, as the case may be; and in speaking, shall avoid speech that is reasonably perceived to be, or imminently to threaten, a disruption of the orderly and fair progress of the discussion, whether by virtue of its irrelevance, its duration, or its very tone and manner; and shall confine himself to the subject under consideration.
(Code 1995, § 2.08.090; Code 2006, § 30.48)
Sec. 2-107. - Calling members of council to order.#
If any member of the council, while speaking or otherwise, shall transgress the rules of the council or of parliamentary laws as practiced or recognized by the most approved authority, the presiding officer shall, or any member of the council may, call him to order. If the member is called to order while speaking, unless he is allowed by the chairperson to proceed upon explanation, he shall immediately take his seat until the question of order be decided. The member shall not be permitted to continue speaking unless the decision is in his favor or, if not in his favor, unless the leave of the council is unanimously granted. The councilmember shall also be subject to any other proceedings as the council may require.
(Code 1995, § 2.08.100; Code 2006, § 30.49)
Sec. 2-108. - Recognition of speaker.#
The mayor, when addressed by a member who rises in order, shall name the member, using no title but that of Mr. or Mme. The member who shall rise first in order shall be first heard. If several members rise about the same time, the mayor shall decide who shall speak first.
(Code 1995, § 2.08.110; Code 2006, § 30.50)
Sec. 2-109. - How often members may speak.#
No member shall speak longer than five minutes nor more than twice on the same question without leave of the council.
(Code 1995, § 2.08.120; Code 2006, § 30.51)
Sec. 2-110. - Voting; members required to vote.#
Except in elections, the voting by the council shall be done by acclamation, unless a member shall demand that the vote be taken by yeas and nays. If a demand is made, when the question has been stated, the roll shall be called and recorded in the minutes by the clerk-treasurer, and after the first response has been made to the call, all debate shall cease and no member shall say more than yea or nay. During the roll call, no member shall leave the council chamber and every member present shall, when his name is called, give his vote unless excused by a majority of the members present. Votes may be by secret ballot at the discretion of the council.
(Code 1995, § 2.08.130; Code 2006, § 30.52)
Sec. 2-111. - Explanation of vote; may be recorded.#
(a)
Any member of the council may, if he desires, have time in which to explain his vote if permitted by a majority of the council. He may be allowed not more than five minutes in which to do so.
(b)
A member may, if he desires, have his reasons for voting for or against any measure recorded in the minutes of the meeting.
(Code 1995, § 2.08.140; Code 2006, § 30.53)
Sec. 2-112. - Voting procedures in council elections.#
The voting in all council elections shall be done by ballot and shall be counted by the clerk-treasurer and a member of the council appointed for that purpose.
(Code 1995, § 2.08.150; Code 2006, § 30.54)
Sec. 2-113. - Mayor's power to vote.#
The mayor shall vote in the same capacity as other councilmembers.
(Code 1995, § 2.08.170; Code 2006, § 30.56)
Sec. 2-114. - Debate on motions; mover's privilege to withdraw.#
No motion shall be debated until introduced and seconded and, when required, motions shall be reduced to writing. The mover may consent or withdraw any proposition or question before amendment or decision.
(Code 1995, § 2.08.180; Code 2006, § 30.57)
Sec. 2-115. - Renewal of voted down motions.#
When a motion has been made and voted down (except motions to adjourn which are always in order), it shall not be renewed at that meeting of the council; provided that such a renewal can be accomplished if a motion to reconsider is made by a member previously voting with the majority and the motion is carried by the council.
(Code 1995, § 2.08.190; Code 2006, § 30.58)
Sec. 2-116. - Nondebatable motions.#
The following motions shall be put without debate: motion to: (1)
Adjourn;
(2)
Take a recess;
(3)
Continue;
(4)
Lay on the table;
(5)
Take up any matters in the orders of the day not regularly reached;
(6)
Proceed to the orders of the day;
(7)
Discharge, lay aside for the day, depart from, or suspend the orders;
(8)
Postpone indefinitely or to the next meeting; and
(9)
Adjourn a debate.
(Code 1995, § 2.08.200; Code 2006, § 30.59)
Sec. 2-117. - Rules of the house to govern.#
In all particulars not specified in this article, Robert's Rules of Order, Newly Revised (11th Edition), shall govern the council, insofar as it is applicable.
(Code 1995, § 2.08.210; Code 2006, § 30.60)
Sec. 2-118. - Committee reports.#
All committees of the council, standing and otherwise, shall regularly report to the council all their acts, doings and plans for matters within their jurisdiction. Committee reports shall be signed by a majority of the members to whom the subject was referred.
(Code 1995, § 2.08.220; Code 2006, § 30.61)
Sec. 2-119. - Necessity for written petitions, complaints, motions, and the like.#
No petition, complaint or communication to the council shall be introduced, unless it is in writing. All motions, resolutions or propositions shall be reduced to writing, if required by any member of the council.
(Code 1995, § 2.08.230; Code 2006, § 30.62)
Sec. 2-120. - Reference of petitions and memorials to committee.#
No petition or memorial shall be granted by the council, except by unanimous consent, without being first referred to the appropriate committee and until there has been a report from the committee.
(Code 1995, § 2.08.240; Code 2006, § 30.63)
Sec. 2-121. - Appointment of committees.#
All regular and special committees shall be appointed by the mayor unless a ballot is called for by the council or, if any councilmembers have any objections to any such committee appointee, the majority of the council shall make the appointment.
(Code 1995, § 2.08.250; Code 2006, § 30.64)
Secs. 2-122—2-140. - Reserved.#
DIVISION 4. - ORDINANCES#
Sec. 2-141. - Required.#
(a)
The council shall act by ordinance in all matters required by law to be done by ordinance, including:
(1)
Adopting or amending an administrative code or establishing, altering or abolishing any town department, office or agency;
(2)
Providing for a fine or other penalty or establishing a rule or regulation in which a fine or other penalty is imposed for violations;
(3)
Appropriating funds;
(4)
Adopting a budget, or levying taxes, except as otherwise provided with respect to the property tax levied by the adoption of a budget, pursuant to public notice;
(5)
Granting, renewing or extending franchises, licenses or rights in public streets or public property and closing abandoned streets;
(6)
Authorizing the borrowing of money or the issuance of bonds;
(7)
Assessing property for improvements or establishing charges for services;
(8)
Annexing area to the town;
(9)
Selling or leasing or contracting to sell or lease any lands of the town; and
(10)
Amending or repealing any ordinance described in subsections (a)(1) through (9) of this section.
(b)
In all other matters, the council may act either by ordinance or resolution, written or oral, recorded in the minutes.
(Code 1995, § 2.12.010; Code 2006, § 30.75)
Sec. 2-142. - Form of ordinances.#
Every proposed ordinance shall be introduced in writing and shall be in a format essentially as follows: (1)
Preamble, as follows: AN ORDINANCE TO (here briefly state the purpose of the ordinance, e.g., to amend, to repeal, to add a certain paragraph or section). BE IT ORDERED AND ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF RIDGELAND, SOUTH CAROLINA, IN COUNCIL ASSEMBLED AND BY THE AUTHORITY THEREOF THAT. . .;
(2)
The provisions of the ordinance, including reference to this Code, if appropriate;
(3)
The effective date if other than the date of second reading approval;
(4)
The authentication section essentially as follows:
APPROVED THIS DAY OF 20___
(Name) MAYOR
ATTEST:
(Name) CLERK/TREASURER
First Reading
Second Reading
(Code 1995, § 2.12.020; Code 2006, § 30.76; Ord. of 3-16-1995)
Sec. 2-143. - Introduction of ordinances.#
Any member of the council may introduce an ordinance. A motion and a second is required to allow the council to give the first reading of an ordinance. The town attorney may be asked to provide assistance in the formulation of any ordinance or to review any ordinance for legal sufficiency.
(Code 1995, § 2.12.030; Code 2006, § 30.77; Ord. of 3-16-1995)
Sec. 2-144. - Introduction of resolutions.#
A voice motion of a member of the council shall be considered to be the introduction of an oral resolution which shall require no written record other than a notation of the clerk-treasurer in the council minutes. A resolution proposed in writing shall be introduced in the same manner as an ordinance.
(Code 1995, § 2.12.030; Code 2006, § 30.78)
Sec. 2-145. - 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 or public property for commercial purposes shall be complete in the form in which it is finally passed and in that form remain on file with the clerk-treasurer for public inspection at least one week before its final adoption.
(b)
No ordinance shall be adopted until it shall have been read at two regular meetings held on two separate days with at least six days between each reading.
(c)
Emergency ordinances may be adopted upon one reading without notice or hearing by an affirmative vote of two-thirds of the 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 a full reading is requested by a member of the council.
(e)
After the introduction of an ordinance, any member of the council may request a public hearing which may be held at any time designated by the council prior to its final adoption.
(f)
Upon final adoption by vote of the council, and unless otherwise required, an ordinance shall be signed by the mayor or presiding member and attested by the clerk-treasurer, who shall affix the town seal and file the original in the ordinance book.
(Code 1995, § 2.12.050; Code 2006, § 30.79)
Sec. 2-146. - Adoption of resolutions.#
Written or oral resolutions may be adopted upon one reading unless a public hearing is set by a majority of the members of the council present.
(Code 1995, § 2.12.060; Code 2006, § 30.80)
Sec. 2-147. - Ordinances entered in book.#
The clerk-treasurer shall enter into a well-bound book copies of all ordinances passed by the council.
(Code 1995, § 2.12.070; Code 2006, § 30.81)
Sec. 2-148. - Notation of amending or repealing ordinances.#
Every ordinance will contain language to reflect if the same amends or repeals another ordinance.
(Code 1995, § 2.12.080; Code 2006, § 30.82)