Attorney general opinion affirms Blythewood mayor's appointment power, highlights budget-authority tension

Town Attorney Pete Balthazor told the Blythewood Town Council on Jan. 27 that a South Carolina Attorney General opinion issued Jan. 14, 2025, confirmed the mayor’s authority to create and appoint positions such as a deputy or assistant town administrator without prior council approval.

Balthazor summarized the AG opinion for council members, saying, "the Mayor has the authority to create and appoint positions such as a Deputy or Assistant Town Administrator without seeking approval from the Town Council." He added the opinion recognizes the council’s authority to amend the municipal budget but warned that attempting to use budget amendments to remove core executive authority could raise legal questions requiring deeper factual review.

Why it matters: The opinion clarifies a separation of executive appointment power and legislative budget control in Blythewood’s municipal governance. If council members were to attempt to curtail an appointed executive’s authority by reallocating or stripping budget lines, the AG opinion indicates that the question becomes legally complex and may require additional factual investigation or court involvement.

At the Jan. 27 meeting Balthazor flagged the potential for ongoing dispute: "While the Mayor retains appointment authority, the Council has control over budget allocations, creating an area of legal interpretation where further action may be required if disputes continue." Council members did not take a formal vote on a related ordinance or budget amendment during the meeting.

The opinion does not itself change local code; it is advisory and fact-dependent. The council may choose to seek further legal clarification or bring proposed ordinance language back for formal consideration at a later meeting.