Current Status Introducing Body:House Bill Number:3642 Primary Sponsor:J. Brown Committee Number:25 Type of Legislation:GB Subject:Sheriff's department employees Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/4311AL.93 Introduced Date:19930304 Last History Body:House Last History Date:19930304 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Brown Anderson McMahand Littlejohn Stone Moody-Lawrence Beatty Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3642 House 19930304 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 23-13-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF DEPUTY SHERIFFS, SO AS TO PROVIDE FOR REMOVAL OR DISCHARGE FOR CAUSE; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO POWERS OF THE COUNTY GOVERNING BODY, SO AS TO PROVIDE GRIEVANCE PROCEDURES FOR EMPLOYEES OR APPOINTEES OF THE SHERIFF'S DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-13-10 of the 1976 Code is amended to read:
"Section 23-13-10. The sheriff may appoint one or more deputies to be approved by the judge of the circuit court or any presiding circuit judge presiding therein within the county. Such The appointment shall be is evidenced by a certificate thereof, and signed by the sheriff, and shall continue during his pleasure. No deputy may be removed or discharged except for cause. The sheriff shall in all cases be is answerable for neglect of duty or misconduct in office of any deputy."
SECTION 2. Section 4-9-30(7) of the 1976 Code, as last amended by Act 312 of 1988, is further amended to read:
"(7) to develop personnel system policies and procedures for county employees by which all county employees are regulated except those elected directly by the people, and to be responsible for the employment and discharge of county personnel in those county departments in which the employment authority is vested in the county government. This employment and discharge authority does not extend to any personnel employed in departments or agencies under the direction of an elected official or an official appointed by an authority outside county government. However, grievance procedures do apply to employees or appointees of the sheriff's department. Any employee discharged shall follow the grievance procedures as established by county council in those counties where the grievance procedures are operative, retaining all appellate rights provided for in the procedures. In those counties where a grievance procedure is not established, a county employee discharged by the chief administrative officer or designated department head or an employee or appointee of the sheriff's department who is removed or discharged must be granted a public hearing before the entire county council if he submits a request in writing to the clerk of the county council within five days of receipt of notice of discharge. The hearing must be held within fifteen days of receipt of the request. The employee must be relieved of his duties pending the hearing and if a majority of the county council sustains the discharge, it is final subject to judicial review, but if a majority of the county council reverses the dismissal, the employee must be reinstated and paid a salary for the time he was suspended from his employment. The salary of those officials elected by the people may be increased but may not be reduced during the terms for which they are elected, except that salaries for members of council and supervisors under the council-supervisor form of government must be set as provided in this chapter;"
SECTION 3. This act takes effect upon approval by the Governor.