Staff Writer

Recent federal bribery indictments against former Union Mayor Bruce Morgan and city building official Jeff Lawson has raised suggestions from citizens and candidates for mayor about whether or not a change in the city's form of government is needed.

Prior to 2004 the city was under the council form of government, which meant all members of the council - including the mayor - had the same power and authority.

All legislative and administrative powers of the city and the determination of all matters of policy was vested in the council, with each member - including the mayor - having one vote.

That form is known as the council or “weak mayor” form of government. It gives the council “All legislative and administrative powers of the municipality and the determination of all matters of policy.”

Council was allowed to establish municipal departments, offices or agencies; to employ an administrator to assist the council and to appoint heads of all departments, offices and agencies who were subject to its direction and supervision.

The council form of government became an issue in the 2004 mayoral election and voters decided to change the form of government to a strong mayor form which resulted in the council firing of City Administrator Charles Potts and turning over control of the city to Morgan.

At that time the mayor's salary was $6,610 a year. With the change Morgan's salary increased and was $103,545 a year at the time of his resignation July 17, when a federal grand jury returned indictments against him.

Lawson is still employed by the city but has been placed on administrative leave without pay.

State law requires that at least four years pass before another election is held to change the form of municipal government.

An election to change the form of government back to a council form could be authorized by an ordinance of city council or by petitions signed by at least 15 percent of the registered voters within the city.

If an ordinance is adopted or citizens' petitions are certified by the county election commission, council would be required by state law to conduct a special election not later than 90 days or earlier than 30 days after the receipt of the certified petition or passage of the council ordinance.

Under the city's present form of government the mayor is given the following authority by state law:

SECTION 5-9-30. Responsibilities and powers of mayor. [SC ST SEC 5-9-30]

The mayor shall be the chief administrative officer of the municipality. He shall be responsible to the council for the administration of all city affairs placed in his charge by or under Chapters 1 through 17. He shall have the following powers and duties:

(1) to appoint and, when he deems it necessary for the good of the municipality, suspend or remove all municipal employees and appointive administrative officers provided for by or under Chapters 1 through 17, except as otherwise provided by law, or personnel rules adopted pursuant to Chapters 1 through 17. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency;

(2) to direct and supervise the administration of all departments, offices and agencies of the municipality except as otherwise provided by Chapters 1 through 17;

(3) to preside at meetings of the council and vote as other councilmen;

(4) to act to insure that all laws, provisions of Chapters 1 through 17 and ordinances of the council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed;

(5) to prepare and submit the annual budget and capital program to the council;

(6) to submit to the council and make available to the public a complete report on the finances and administrative activities of the municipality as of the end of each fiscal year; and

(7) to make such other reports as the council may require concerning the operations of municipal departments, offices and agencies subject to his direction and supervision.

SECTION 5-9-40. Establishment of municipal departments, offices and agencies by council; employment of administrator to assist mayor; offices and agencies under direction of mayor administered by officer appointed by mayor; annual budget. [SC ST SEC 5-9-40]

The council may establish municipal departments, offices, and agencies in addition to those created by Chapters 1 through 17 and may prescribe the functions of all departments, offices and agencies, except that no function assigned by law to a particular department, office or agency may be discontinued or assigned to any other agency. The mayor and council may employ an administrator to assist the mayor in his office.

All departments, offices and agencies under the direction and supervision of the mayor shall be administered by an officer appointed by and subject to the direction and supervision of the mayor.

The council shall adopt an annual budget for the operation of the municipality and capital improvements.