South Carolina General Assembly
114th Session, 2001-2002

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Bill 4958


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4958
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020321
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison
Drafted Document Number:          l:\council\bills\nbd\11448ac02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Grievance procedures do not apply to a 
                                  county employee of an elected official


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020321  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE GOVERNING BODY UNDER VARIOUS FORMS OF COUNTY GOVERNMENT, INCLUDING THE AUTHORITY TO DEVELOP AND IMPLEMENT PERSONNEL SYSTEM POLICIES AND PROCEDURES FOR COUNTY EMPLOYEES, SO AS TO SPECIFY THAT THESE POLICIES AND PROCEDURES DO NOT APPLY TO EMPLOYEES OF ELECTED OFFICIALS, TO PROVIDE THAT EMPLOYMENT AUTHORITY VESTED IN COUNTY GOVERNMENT INCLUDES DISCIPLINARY AUTHORITY, AND TO PROVIDE THAT GRIEVANCE PROCEDURES DO NOT APPLY TO THE DISCHARGE OF AN EMPLOYEE OF AN ELECTED OFFICIAL.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 4-9-30(7) of the 1976 Code, as 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 the employees of those elected officials, 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, and disciplinary 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. Any An employee discharged, other than an employee of an elected official, 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 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    2.    This act takes effect upon approval by the Governor.

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