In the special called meeting on 1/13/2023, Chester County Council voted to allow the County Chair, Joe Branham, and the County Treasurer, Tommy Darby, to sign off on county financial documents, since Chester County has not yet hired a County Administrator. County Council also voted to allow the County Chairman and HR Director, Mr. Higgins, to sign off on any matters not pertaining to the finances.
It was also discussed that they may vote to compensate County Treasurer, Tommy Darby , more for his additional duties.
However, the SC state Constitution states this:
SECTION 3. Dual office-holding.
No person may hold two offices of honor or profit at the same time. This limitation does not apply to officers in the militia, notaries public, members of lawfully and regularly organized fire departments, constables, or delegates to a constitutional convention. (1989 Act No. 9, Section 2, eff February 8, 1989.)
There is also state statute that needs to be taken into account considering Councilman Branham, and HR Director Mr. Higgins. If Councilman Branham approves a job evaluation by a supervisor for a county employee, is he or is he not violating the below statute by "giving direct orders to a county employee?"
The council shall not remove any county administrative officers or employees whom the county supervisor or any of his subordinates are empowered to appoint, unless by two-thirds vote of the members present and voting. Except for the purposes of inquiries and official investigations, neither the council nor its members shall give direct orders to any county officer or employee, either publicly or privately. With the exception of organizational policies established by the governing body, the county supervisor shall exercise no authority over any elected officials of the county whose offices were created either by the Constitution or by general law of the State. HISTORY: 1962 Code Section 14-3732; 1975 (59) 692.
Local watchdog group, Chester Citizens for Ethical Government, has started looking into the matter.
They've sent an email to all Chester County Council members listed on the website, and to local news agencies with SC Attorney General opinions and precedents.
They are attached here for your review:
Sound off Lanterneers. What do you think?
Has Chester County Council Violated State Law?
Yes, and our County officials should know these things.
Yes, but I'm part of cult following of personalities I like.
No, they are within their rights to make their own laws here
Written By: Evanni Brooks
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