Flynn, 061819 SCAGO, AGO 3152

• Case Date: June 18, 2019
• Court: South Carolina

Lawrence E. Flynn, Esq. AGO 3152 No. 3152 South Carolina Attorney General Opinion State of South Carolina Office of the Attorney General June 18, 2019          Lawrence E. Flynn, Esq.          City Attorney for Union, SC          350 East St. John St.          Spartanburg, SC 29302          Alan Wilson Attorney General          Dear Mr. Flynn:          We received your request seeking an opinion on when a decrease in a mayor's salary can be made effective. This opinion sets out our Office's understanding of your question and our response.          Issue (as quoted from your letter):          The City [of Union, S.C.] operated under the mayor-council form of government pursuant to Title 5, Chapter 9 of the Code of Laws of South Carolina . . . until November 2016 when an election was held which resulted in a change in the form of government. The City now operates under the council form of government pursuant to Title 5, Chapter 11. As a result of such change of government, City Council is considering hiring a full-time city administrator, which will reduce the time required by the mayor to fulfill mayoral duties. City Council is contemplating a reduction in the mayor's salary to compensate for his reduced duties.          The City of Union requests an opinion from your office on the following:

1) Is a reduction of the mayor's salary governed by the provisions of S.C. Code Ann. § 5-7-170[]?

2) Depending on the answer to question one, when can such decrease go into effect?

         Law/Analysis:          It is the opinion of this Office that Section 5-7-170 does not govern the timing of a reduction of a mayor's salary following a change in the municipal form of government in the situation you describe. See Op. S.C. Att'y Gen., 2004 WL 2745681 (2004). This conclusion is consistent with a prior opinion of our Office which addressed an increase in a mayor's salary following a change in the City of Union form of government in 2004. Id. Our discussion follows.          In the way of background, Section 5-7-170 reads in...