Can a county take back a raise it gave an elected clerk of court, and who has authority to set the salary?

Official title

Opinion addressing several questions concerning authority over an elected official, a clerk of court's salary, and expenditures of Title IV funds.

Requester

Requested by The Honorable Sharon W. Staggers, Williamsburg County Clerk of Court.

Plain-English summary

A Williamsburg County Clerk of Court got a raise in 2021 approved by the then-county supervisor. In 2023, a new supervisor took it away, arguing it had been a "salary supplement" rather than a raise and that a supervisor alone could not approve a raise. The clerk asked the Attorney General six questions about who controls her pay.

The Attorney General gave several clear answers and declined the one that turned on facts. An elected clerk of court's salary is set by the county's governing body (the county council), and under § 8-21-300 and § 4-9-30(7) it cannot be reduced during the term for which the clerk was elected; the South Carolina Supreme Court confirmed that rule in Greenwood County Council v. Brooks. The authority to approve a salary increase rests solely with the county council, not the supervisor acting alone, because the supervisor's role is to carry out council policy and supervise spending the council has appropriated, not to set compensation. There is no statute giving a clerk a method to request a raise, so whether to grant one is the council's discretion.

On the clerk's own question (was my reduction lawful?), the AG said this Office cannot find facts and so could not answer. On Title IV-D child-support funds, the AG referred to a prior opinion: a clerk may supplement office employees' salaries with Title IV-D funds, but only prospectively and only for work tied to establishing, collecting, and enforcing child support. The AG was skeptical a clerk could designate such a supplement for herself, though the county governing body could use Title IV-D funds for the portion of the clerk's salary attributable to child-support work. Finally, both the council and supervisor have only limited authority over an elected official: the clerk runs her own office personnel (hiring, firing, staffing levels), but those employees are still subject to the county's general personnel policies.

What this means for you

Elected clerks of court and other elected county officials

The opinion reads § 8-21-300 and § 4-9-30(7) to bar the county from cutting your salary during your elected term. It also reads the law to place the power to set or raise your salary with the full county council, not the supervisor acting alone. If a single official purports to grant or revoke your raise, the opinion's analysis is that the decision belongs to the governing body.

County supervisors and council members

Under the council-supervisor form of government, the supervisor's job is to carry out council policy and supervise expenditure of appropriated funds (§ 4-9-420(5)), not to fix the salary of an elected official. The AG read § 4-9-430 to give the supervisor no authority over elected officials whose offices were created by the constitution or general law, beyond organizational policies the council sets.

Clerks weighing Title IV-D funds for salaries

The opinion (following a prior November 2023 opinion) treats Title IV-D funds as usable for the share of salary attributable to child-support establishment, collection, and enforcement, and only going forward, not as a retroactive bonus. It flags doubt about a clerk designating such a supplement for herself, while allowing the governing body to fund that child-support-attributable portion.

Common questions

Q: Can a county cut an elected official's salary in the middle of their term?
A: No, per this opinion. Section 8-21-300 says a clerk's salary "shall not be diminished during their terms of office," and § 4-9-30(7) says an elected official's salary "may be increased but may not be reduced during the terms for which they are elected." The Supreme Court applied that rule in Greenwood County Council v. Brooks.

Q: Can the county supervisor alone give an elected clerk a raise?
A: No. The AG concluded the authority to approve an increase rests solely with the county's governing body. The supervisor's function is to carry out council policy and supervise spending, not to set compensation.

Q: Did the AG decide whether this clerk's pay cut was legal?
A: No. The AG explained this Office cannot determine facts, so it could not say whether the specific reduction was lawful. That is a question for a court.

Q: Can Title IV-D funds be used to raise a clerk's pay?
A: Only the portion of the salary attributable to establishing, collecting, and enforcing child support, and only going forward. The AG doubted a clerk could grant such a supplement to herself, but the governing body could fund the child-support-attributable share.

Q: Does the county council control the clerk's staff?
A: The clerk manages her own office personnel, including hiring, firing, and deciding how many employees are needed. But those employees remain subject to the county's general personnel system policies that apply to all county employees.

Background and statutory framework

Williamsburg County uses the council-supervisor form of government under §§ 4-9-410 to -440 of the Home Rule Act. Clerks of court are elected by the county's voters under § 14-17-10. Their pay is governed by § 8-21-300, which directs that the salary is "fixed by the governing body of the county" and "shall not be diminished during their terms of office." Section 4-9-30(7) reinforces that an elected official's salary may go up but not down during the term.

The Supreme Court in Greenwood County Council v. Brooks held that §§ 4-9-30(7) and 8-21-300 prohibit county councils from reducing an elected official's salary during the term, and noted that the salary attaches to the office, not the individual (citing Gaffney v. Mallory). Bales v. Aughtry explained that § 4-9-30(7) limits the county's power to employ or discharge elected officials but does not restrict the county's ability to set their compensation except for the no-reduction rule. On the supervisor's role, § 4-9-420(5) makes the supervisor responsible for supervising expenditure of appropriated funds, and § 4-9-430 bars the supervisor from exercising authority over constitutional or general-law elected officials beyond organizational policies set by council. The Title IV-D analysis carries forward a prior opinion (Op. S.C. Att'y Gen., 2023 WL 7929599 (Nov. 7, 2023)).

Citations and references

Statutes and constitutional provisions:

• S.C. Code Ann. § 8-21-300 (clerk of court salary set by county; not diminished during term)
• S.C. Code Ann. § 4-9-30(7) (elected official's salary may increase but not be reduced during term; personnel system policies)
• S.C. Code Ann. § 14-17-10 (election of clerks of court)
• S.C. Code Ann. §§ 4-9-410 to -440 (council-supervisor form of government)
• S.C. Code Ann. § 4-9-420(5) (supervisor supervises expenditure of appropriated funds)
• S.C. Code Ann. § 4-9-430 (supervisor exercises no authority over constitutional/general-law elected officials beyond organizational policies)
• S.C. Code Ann. § 8-15-65 (state-appropriated salary supplements supplement, not replace, county funds)
• S.C. Const. art. X, § 8 (money drawn from a treasury only pursuant to appropriations made by law)

Cases:

• Greenwood County Council v. Brooks, 362 S.C. 500, 608 S.E.2d 872 (2005) (county cannot reduce elected official's salary during term)
• Bales v. Aughtry, 302 S.C. 262, 395 S.E.2d 177 (1990) (county may set but not reduce elected official's compensation)
• Gaffney v. Mallory, 186 S.C. 337, 195 S.E. 840 (1938) (salary is incident to the office, not the individual)
• Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000) (ascertain legislative intent)
• Sloan v. Hardee, 371 S.C. 495, 640 S.E.2d 457 (2007) (apply clear text by its literal meaning)

Earlier AG opinion referenced:

• Op. S.C. Att'y Gen., 2023 WL 7929599 (Nov. 7, 2023) (Title IV-D funds and clerk personnel authority)

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-addressing-several-questions-concerning-authority-over-an-elected-official-a-clerk-of-court-s-salary-and-expenditures-of-title-iv-funds/
• Original PDF: https://www.scag.gov/media/rbihr3yf/03454198.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ALAN WILSON
ATTORNEY GENERAL

December 5, 2023

The Honorable Sharon W. Staggers
Williamsburg County Clerk of Court
Williamsburg County Courthouse
147 W. Main St.

Kingstree, SC 29556

Dear Ms. Staggers:

We received your letter requesting an Attorney General’s opinion on several questions related to
a clerk of court’s salary and expenditure of Title IV-D funds. By way of background, you informed
us:

I was given a raise in 2021 that was approved by the county supervisor who served
during that time. ... In 2023, under the current supervisor, my raise was taken
away. His argument is that I did not have a raise, but a salary supplement. He
states that a supervisor alone cannot approve a raise, in his opinion. ... The increase
in salary was shown on my check stubs as my regular salary and not a separate
supplement.

Your letter contains six questions, which we will address in turn.

Law/Analysis

1. Was my salary reduced lawfully?

We begin by noting this Office is unable to issue an advisory opinion to determine facts. As we
have stated in prior opinions, “[b]ecause this Office does not have the authority of a court or other
fact-finding body, we are not able to adjudicate or investigate factual questions.” Op. S.C. Att'y
Gen., 2006 WL 1207271 (S.C.A.G. April 4, 2006) (alteration in original) (quoting Op. S.C. Att'y
Gen., 1989 WL 406130 (April 3, 1989)). Therefore, because it would involve a determination of
facts, we cannot render an opinion as to whether your salary was reduced lawfully.

2. Can the salary of an elected official be reduced during their term?

Robert C. Dennis Building • Post Office Box 11549 • Columbia, SC 29211-1549 • Telephone 803-734-3970 • Facsimile 803-253-6283

The Honorable Sharon W. Staggers
Page 2
December 5, 2023

It is our understanding that Williamsburg County operates under a council-supervisor form of
county government pursuant to sections 4-9-410 to -440 of the South Carolina Code (2021 & Supp.
2023), which is included in the body of legislation known as the Home Rule Act.' Section
14-17-10 of the South Carolina Code (2017) provides for the election of clerks of the court of
common pleas in each county by the qualified electorate. We address your remaining questions
accordingly.

Section 8-21-300 of the South Carolina Code (2019) governs the salaries of clerks of court.

The clerks of court and registers of deeds of the several counties shall receive such
salaries for performance of their duties as may be fixed by the governing body of
the county, which shall not be diminished during their terms of office, and such
compensation shall not be measured or affected by the fees and costs received by
such officers under the provisions of this article. All such fees and costs received
under the provisions of this article by such officials of any county shall be
accounted for and paid into the general fund of the county as directed by the
governing body thereof.

§ 8-21-300 (emphasis added). Section 4-9-30 of the South Carolina Code (2021) enumerates the
powers to be exercised by county governments. Subsection (7) provides, “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, ...” § 4-9-30(7). In Greenwood County Council v. Brooks, 362 S.C. 500, 504,
608 S.E.2d 872, 874 (2005), our Supreme Court held sections 4-9-30(7) and 8-21-300 prohibit
county councils “from reducing an elected official’s salary during the terms for which they are
elected.” (emphasis added). Therefore, a clerk of court’s salary—as set by the governing body of
the county—may not be reduced during the term for which they are elected.”

3. Can a county supervisor alone approve an increase in salary for an elected official?

S.C. Code Ann. §§ 4-9-10, ef seg. (2021 & Supp. 2023).

2 We note section 8-15-65(A)(1) of the South Carolina Code (2019) provides that the General
Assembly shall appropriate annual salary supplements for county clerks of court. However, as we
noted in a 2022 opinion, subsection (B) of the statute evinces the General Assembly’s intention
“for money appropriated for county officer salary supplements to be used as supplement to, not a
replacement for, the county funds used for these positions.” Qp. S.C. Att'y Gen., 2022 WL
1020398 (S.C.A.G. March 28, 2022); § 8-15-65(B) (“The amounts appropriated for salary
supplements pursuant to subsection (A) must include both salary and related employer
contributions and are in addition to amounts provided as compensation for these officials by
counties. To the extent that compensation for these officers is reduced by a county or there is any
other reduction of expenditures in the operations of their offices, a corresponding reduction must
be made in the distribution otherwise due the county pursuant to Chapter 27 of Title 6, the State
Aid to Subdivisions Act.”).

The Honorable Sharon W. Staggers

Page 3
December 5, 2023

As previously cited, pursuant to section 8-21-300, the salary of the clerk of court must be set by
the governing body of the county. See Bales v. Aughtry, 302 S.C. 262, 263-64, 395 S.E.2d 177,
178 (1990) (“The plain language of [section 4-9-30(7)] limits the county government's power to
employ or discharge elected officials or those under their direction; it does not restrict the county
government's ability to determine compensation for elected officials except to prohibit reduction
of an elected official's salary during his term of office.” (emphasis added)); see also Op. S.C. Att’y
Gen., 2023 WL 7929599 (S.C.A.G. November 7, 2023). Moreover, section 4-9-420(5) gives the
county supervisor the power and duty “to supervise the expenditure of funds appropriated by
council.” (emphasis added). As we stated in a 2016 opinion,

Our Office has opined that “[w]hen the Council properly enunciates policies, the
supervisor's only function is to carry out such policies.” Op. S.C. Att'y Gen., 1970
WL 16805 (April 22, 1970). Moreover, our State's [C]onstitution mandates that
“[mJoney shall be drawn from the treasury of the State or the treasury of any of its
political subdivisions only in pursuance of appropriations made by law.” S.C.
Const. art. X, § 8. Therefore, if a county supervisor spends public money in a
manner that is contrary to an ordinance of the county, then he or she has acted
unlawfully by exceeding his or her legal authority.

Op. S.C. Att’y Gen., 2016 WL 3946153 (S.C.A.G. July 5, 2016). Based on the foregoing, we
believe a court would determine the authority to approve an increase in the clerk of court’s salary
rests solely with the governing body of the county.

4. Is there a statute that states how an elected official may ask for and receive an increase in salary?

Consistent with the provision cited previously, section 8-21-300 provides that the salary of the
clerk of court must be set by the governing body of the county. In Greenwood County Council,
362 at 504, 608 S.E.2d at 874, our Supreme Court noted, “The salary pertaining to an [elected]
office is an incident to the office itself and not to the individual who holds the office.” (citing
Gaffney v. Mallory, 186 S.C. 337, 341, 195 S.E. 840, 844 (1938)). Finding no statutory authority
outlining a method by which a clerk of court may request a salary increase, we believe a court
would determine the decision whether to increase a clerk of court’s salary rests solely in the
governing body’s discretion.

5. Can aclerk of court and their staff receive an increase in salary from Title IV-D funds?

I am enclosing a copy of a previous opinion of this Office that addresses whether a clerk of court
may supplement his or her salary and/or the salaries of county employees within the clerk’s office
with Title IV-D funds. Initially, we concluded a clerk of court may supplement his or her
employees’ salaries with Title IV-D funds; however, we determined the clerk of court must not
provide such supplements after the work has been performed and should only be used to pay for
salaries attributable to the establishment, collection, and enforcement of child support obligations.
Op. S.C. Att’y Gen., 2023 WL 7929599 (S.C.A.G. November 7, 2023). We further concluded,

The Honorable Sharon W. Staggers
Page 4
December 5, 2023

Finding no statutory authority allowing Title IV-D funds to be used to supplement
the salaries of clerks of court and a strong presumption in favor of clerks receiving
the salary set for them by their county governing body, we are skeptical that a court
would allow a clerk of court to designate a supplement for themselves.
Nevertheless, we believe Title IV-D funds could be used to fund a portion of the
clerk of courts salary attributable to the establishment, collection, and enforcement
of child support obligations.

Id.

6. What authority does a county council and supervisor have over an elected official?

We have recognized in previous opinions that “[a] county council is generally considered as having
only limited authority in dealing with the authority or duties of an elected official, ...” Op. S.C.
Att’y Gen., 2006 WL 1207277 (S.C.A.G. April 20, 2006); see also § 4-9-30(7); Op. S.C. Att’y
Gen., 2006 WL 1877110 (S.C.A.G. June 19, 2006); Op. S.C. Att’y Gen., 2012 WL 1774920
(S.C.A.G. May 7, 2012). In a 2023 opinion, we concluded that under section 4-9-30(6)-(7)

. . . the clerk of court, as an elected official, has the authority to manage the
personnel in his or her office including the hiring and firing of personnel without
any oversight by the county.... We further surmised the ability to determine how
many employees are needed to conduct business is included with this authority.

Op. S.C. Att’y Gen., 2023 WL 7929599 (S.C.A.G. November 7, 2023) (citing Op. S.C. Att’y
Gen.,1983 WL 181693 (S.C.A.G. February 18, 1983)). However, as we noted in a 2006 opinion,
section 4-9-30(7) provides the personnel employed in the Office of the Clerk of Court are subject
to general “personnel system policies and procedures for county employees by which all county
employees are regulated... .” See Op. S.C. Att’y Gen., 2006 WL 1877110 (S.C.A.G. June 19,
2006) (quoting § 4-9-30(7)).

As to the authority of the county supervisor over an elected official, section 4-9-430 provides,
“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.” When interpreting a statute, the
primary goal is to determine the General Assembly’s intent. See Hodges v. Rainey, 341 S.C. 79,
85, 533 S.E.2d 578, 581 (2000) (“The cardinal rule of statutory construction is to ascertain and
effectuate the intent of the legislature.”); Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459
(2007) (“When a statute's terms are clear and unambiguous on their face, there is no room for
statutory construction and a court must apply the statute according to its literal meaning.”). The
clerk of court office was created pursuant to state law and as such, the county supervisor has no
authority over the clerk of court beyond organizational policies established by the county council.
See §§ 14-17-10, et seg. (2017 & Supp. 2023).

The Honorable Sharon W. Staggers
Page 5
December 5, 2023

Conclusion

Section 8-21-300 provides that the salary of the clerk of court, as an elected official under section
14-17-10, must be set by the governing body of the county. However, the county governing body
may not reduce the clerk of court’s salary during the term for which they are elected. Nevertheless,
because it would involve a determination of facts, we cannot render an opinion as to whether your
salary was reduced lawfully.

As previously opined by this Office, a clerk of court may supplement his or her employee’s salaries
with Title 1V-D funds subject to certain qualifying limitations. Further, we questioned whether a
court would permit a clerk of court to designate a salary supplement for themselves from Title IV-
D funds. However, we concluded the governing body of the county could use Title IV-D funds to
fund a portion of the clerk of court’s salary so long as it is attributable to the establishment,
collection, and enforcement of child support obligations.

Both a county council and a county supervisor have limited authority over an elected official.
Although the clerk of court has the authority to manage the personnel in his or her office, including
the determination of how many employees are required to conduct business and decisions related
to hiring and firing of personnel, such employees are subject to the county governing body’s
general personnel system policies and procedures.

Sincerely,

ht CC
Elizabeth McCann
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook oa

Solicitor General