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Attorney general says mayor may appoint deputy without council approval, leaves factual question on budget limits
Summary
Town Attorney Balazar summarized a South Carolina Attorney General opinion finding a strong mayor can create and fill an assistant/deputy position without council approval, but the AG declined to decide whether recent council budget amendments unlawfully stripped mayoral authority.
Town Attorney Balazar summarized an opinion from the South Carolina Attorney General at the Blythewood Town Council meeting, saying the AG concluded a strong mayor may create a deputy or assistant town administrator position and appoint someone without the council’s approval.
Balazar told the council he had requested the opinion on behalf of the town and that Assistant Attorney General Sydney Nelling responded. Balazar said the AG’s written response said, “we believe the mayor has the authority to create such a position if he deems it necessary for the good of the municipality and may appoint someone to fill this position without the approval of the council.”
Balazar said the AG also addressed whether a council may amend a municipal budget in a way that would interfere with a strong mayor’s appointment powers. He said the AG recognized a tension between the mayor’s appointment authority under Title 5 and the council’s legislative budget power. The opinion, Balazar said, indicated a council may amend the budget but cautioned that a council may not take action that would “completely strip the mayor of the ability to exercise a strong mayor’s powers under Title 5.”
Balazar said the AG did not determine whether the budget changes made in December crossed that line, because doing so would require a factual determination the opinion did not resolve. He said the town would post the full opinion on the town website for public access.
No formal vote was taken on the opinion during the meeting; the presentation was an informational item and town staff said the written opinion would be posted online.
The council did not debate or adopt a formal town position on the opinion during the meeting.
