Current Status Introducing Body:Senate Bill Number:433 Primary Sponsor:Bryan Committee Number:11 Type of Legislation:GB Subject:County Civil Service Commissions Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/10216DW.93 Introduced Date:19930217 Last History Body:Senate Last History Date:19930217 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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433 Senate 19930217 Introduced, read first time, 11
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 TO TITLE 4 SO AS TO AUTHORIZE THE ESTABLISHMENT OF COUNTY CIVIL SERVICE COMMISSIONS FOR THE PURPOSE OF EMPLOYING, PROMOTING, AND DISCHARGING DEPUTY SHERIFFS OF THE COUNTY AND OTHER EMPLOYEES OF THE SHERIFF'S DEPARTMENT AND TO PROVIDE CERTAIN STANDARDS OF CONDUCT FOR DEPUTY SHERIFFS; BY ADDING SECTION 23-13-13 SO AS TO PROVIDE THAT WHERE A COUNTY ELECTS TO ESTABLISH A COUNTY CIVIL SERVICE COMMISSION THE SHERIFF IS NOT ANSWERABLE OR LIABLE FOR THE NEGLECT OF DUTIES OR MISCONDUCT IN OFFICE OF THOSE DEPUTIES OF HIS DEPARTMENT HE DOES NOT APPOINT; AND TO MAKE THESE PROVISIONS EFFECTIVE UPON THE APPROVAL BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE COUNTY GOVERNING BODY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 4 of the 1976 Code is amended by adding:
Section 4-12-10. (A) Any county in this State may by ordinance provide for a civil service commission for the county, to be administered by a three or five-member commission to be elected by the governing body of the county, with the duties and authority as authorized by this chapter. If a three-member commission is established, one member of the first commission must be elected for one year, one for two years, and the other for three years. Thereafter, at the expiration of each respective term of office the governing body shall elect a commissioner for a term of three years.
(B) If a five-member commission is established, one member of the first commission must be elected for one year, one for two years, one for three years, one for four years, and one for five years. Their successors must be elected to serve for terms of five years and until their successors are elected and qualify. Vacancies must be filled by the governing body for the remainder of the unexpired term.
Section 4-12-20. The members of the commission must be of good moral character and not less than thirty years of age and shall possess those qualifications as determined by the county governing body and shall take the same oath of office as do members of the county governing body. They must be and remain residents of the county during their terms of office. They are subject to removal from office only for cause after written charges have been preferred and sustained by a two-thirds vote of the county governing body.
Section 4-12-30. The commissioners shall receive compensation for their services as fixed by the county governing body. The chairman and secretary of the commission may be paid additional compensation in the discretion of the county governing body.
Section 4-12-40. On the creation of the commission and each year thereafter when the expiring term has been filled, the commissioners shall elect from their number a chairman. A county employee designated by the county governing body shall serve as secretary for the commission but otherwise has no privileges of a commissioner. The chairman shall enforce the orders of the commission and preside at its meetings. The secretary is the custodian of all the records of the commission and shall keep accurate minutes and records of all regular and special meetings of the commission.
Section 4-12-50. The commission shall hold meetings at least once during each month at a fixed and stated time, and special or extra meetings as may be called by the chairman or a majority of the commission.
Section 4-12-60. The members of the county governing body may sit in at any commission meeting and join in the discussion but are not permitted to vote on matters delegated to the commission.
Section 4-12-70. The county civil service commission may promote and discharge deputy sheriffs upon the advice and consent of the sheriff, in the manner provided by this chapter. In addition, the commission may employ as new deputy sheriffs those qualified persons who have successfully passed the examination required by this chapter and who have been recommended by the sheriff. The commission shall make and enforce all regulations as may be necessary in the exercise of their duties and powers and establish and fix the requirements of applicants for employment as deputy sheriffs and in the sheriff's department.
Section 4-12-80. Notwithstanding the provisions of this chapter, the sheriff is entitled to appoint a chief deputy in the manner provided by Section 23-13-10 who shall serve at the pleasure of the sheriff. This chief deputy is not subject to the provisions of this chapter.
Section 4-12-90. (A) All applicants for the position of deputy sheriff are subject to an examination by the commission which must be competitive and free to all resident persons who are qualified electors of the county and who meet the requirements prescribed by the commission, subject to reasonable limitations as to residence, age, health, education, and moral character. The examinations must be practical in their nature and relate to those matters which fairly test the relative capacity and fitness of the persons examined to discharge the duties of the position of deputy sheriff. No applicant may be examined concerning his political or religious opinions or affiliations. In the conduct of the examinations the commission may call to its assistance the aid of those persons as it may desire either from within or without the sheriff's department.
(B) With the approval of the county governing body, special deputy sheriffs to perform temporary duty may be appointed by the commission, upon the advice and consent of the sheriff and upon his recommendation to serve at the commission's pleasure. These special deputies and office and clerical employees of the sheriff's department are not subject to the provisions of this section having reference to competitive examinations. These employees must be appointed with the approval of the county governing body and hold office at the pleasure of the commission.
(C) Applicants for the position of deputy sheriff must have a minimum age of eighteen years.
Section 4-12-100. Notice of the time and place of the holding of every examination must be given by the commission by posting a notice in a conspicuous place at the county courthouse for at least two weeks preceding the examination and by publication in a newspaper published in the county affected, at least one week preceding the examination.
Section 4-12-110. The commission shall prepare and keep a register of persons successfully passing the examination, except that after the expiration of one year from the date of the examination the commission may require further satisfactory examination on one or more of the points covered by the original examination before naming an applicant to the position of deputy sheriff.
Section 4-12-120. A six months' probation period must elapse from the date of employment of new deputy sheriffs under the terms of the ordinance establishing the commission. The commission may discharge, upon the advice and consent of the sheriff, these deputy sheriffs without cause and without a hearing during the six months' probation period. After the six months' probation period, no deputy sheriff may be discharged except as provided for in Sections 4-12-140, 4-12-160, and 4-12-170.
Section 4-12-130. A practical and accurate service record of each deputy sheriff and other employee of the sheriff's department must be kept in conformity with regulations to be established by the commission, and these records must be considered by the commission in making promotions.
Section 4-12-140. (A) No deputy sheriff may be dismissed, removed, or discharged except for cause. The commission may suspend any deputy sheriff, upon the advice and consent of the sheriff, pending an investigation of charges against him not to exceed fifteen days at any one time.
(B) No deputy sheriff under the jurisdiction of the commission may engage in any political activity on behalf of any candidate for elective public office, except that a deputy sheriff is permitted to offer for election to the office of sheriff without resigning. Violation of this provision against political activity constitutes grounds for dismissal for cause.
Section 4-12-150. A deputy sheriff may be suspended for a period not exceeding five days by the sheriff for the commission of any of the offenses referred to in Section 4-12-170. The suspension must be reported to the commission within twenty-four hours, and it may remove the suspension or shorten the term of the suspension.
Section 4-12-160. A complaint against any deputy sheriff may be orally or in writing lodged with the commission or any member of the commission. The commission or any member may investigate the charge, and if a prima facie case is found to exist, the deputy sheriff may be brought to trial by the commission. The commission, five days before the trial, shall serve upon the deputy sheriff a written statement of the charges upon which the trial is to be had. In or for the conduct of the trial, the commissioners have the power to secure by summons both the attendance and testimony of witnesses and the production of books and papers relevant to the trial. The accused shall have the same right. At the trial both the commission and the accused may be heard in person or by counsel, and the county governing body may employ counsel to prosecute the case and fix the fee to be paid for these services.
Section 4-12-170. In the event any deputy sheriff is found guilty of (a) violating any ordinance of his county, law of the State, or any regulation or order of the commission or county governing body pertaining to his work or conduct or the conduct of the sheriff's department, (b) insubordination to the commission or his superior officer, (c) disrespectful conduct toward the county governing body or any of its members, (d) conduct unbecoming an employee of the county or his department, (e) conduct which might bring discredit upon or disrepute to the county or his department, (f) inefficiency or, (g) oppressive use of his authority, the commission, upon the advice and consent of the sheriff, may dismiss or discharge him from service, demote him in rank, fine him not exceeding thirty days' pay, or withdraw his leave privileges.
Section 4-12-180. The commission shall make an annual report to the county governing body of its actions for the preceding year, including the regulations promulgated and in force, and it may include in the report any recommendations affecting the sheriff's department. Copies of the annual report must be kept in the files of the commission as a part of its permanent records. The county governing body may at any time call upon the commission for a report on any special matter, and the commission shall provide a full and complete report in keeping with this request.
Section 4-12-190. No provision of this chapter may be construed to deprive the county governing body of its authority over the sheriff or sheriff's department as prescribed by law, nor to deprive the county governing body of the right to control the finances and fix the number of employees in the sheriff's department and the compensation to be paid to its employees and to exercise the exclusive right to purchase all equipment and supplies for the sheriff's department.
Section 4-12-200. It is not the intent of the General Assembly in creating this chapter to repeal any existing laws as they may affect counties of this State, but to extend and enlarge the powers of the counties as may elect to create a civil service commission by appropriate ordinance.
Section 4-12-210. The provisions of this chapter do not apply to the appointment of deputy sheriffs for industrial communities pursuant to Article 5, Chapter 13, Title 23 of the 1976 Code, the appointment of deputy sheriffs for fairs, circuses, and meetings pursuant to Article 5, Chapter 13, Title 23, and the appointment of deputy sheriffs for parks and other places of amusement pursuant to Article 7, Chapter 13, Title 23."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-13-13. Where a county establishes a county civil service commission for the purpose of employing, promoting, and discharging deputy sheriffs of the county pursuant to the provisions of Chapter 12 of Title 4, deputy sheriffs and special deputies for temporary duties must be appointed in the manner specified in that chapter except that the resident or presiding judge of the circuit court must still approve the appointment in the manner provided by this chapter. In those counties where deputy sheriffs and special deputies are appointed in the manner specified by that chapter, the sheriff is not answerable or liable for neglect of duty or misconduct in office of any deputy except for the chief deputy he appoints in the manner specified by that chapter."
SECTION 3. Deputy sheriffs, special deputies, and other employees of the sheriff's department employed on the effective date of an ordinance wherein a county governing body elects to establish a county civil service commission pursuant to Chapter 12, Title 4 of the 1976 Code, continue to remain employed in those positions but are otherwise subject to the provisions of Chapter 12 of Title 4, and Section 23-13-15 created by this act.
SECTION 4. The provisions of Sections 1, 2, and 3 of this act and any appropriations by the county governing body to implement the provisions of those sections take effect upon approval by the qualified electors of the county in a referendum called for this purpose by the county governing body. The referendum must be conducted in the same manner as other county referenda as provided in Chapter 9, Title 4 of the 1976 Code. Approval in the referendum authorizes continuing appropriations for these purposes by the county governing body.
SECTION 5. This act takes effect upon approval by the Governor.