04. GOVERNMENT LAW

Courthouse

The attorneys at Moore Bradley Myers have a long history of working with government bodies in South Carolina. We have years of experience in assisting state agencies and local governments work to meet the needs of the public bodies they serve. Our attorneys serve as General Counsel or Special Counsel for local government entities and are well-versed in general governmental law matters.

Our government law attorneys are knowledgeable in many of the complex areas of government law such as:

  • City, Town and County Council Representation

  • Planning Commission

  • Zoning

  • Government Taxation and Finance

  • Law Enforcement

  • Special Purpose Districts

  • Land Use

  • FOIA and Public Records Law

  • Environmental Matters 

  • Contracts and Procurement

  • Licensing and Regulations

  • Economic Development

Legal Handshake

Government Law

1

Municipal Law

The General Assembly authorized just three in the Home Rule Act. S.C. Code 5-5-10:

  • Mayor-Council form

  • Council form

  • Council-Manager form

 

History of Home Rule and the Types of Government:

All South Carolina municipalities must operate under one of the three forms of government. When Home Rule passed in 1975, municipalities had to select one of the specified three forms “most nearly corresponding to the form in effect in the particular municipality on March 1, 1974” unless they adopted a new form by referendum after March 1, 1974, but before June 1, 1975.

2

County Government Law

There are 46 counties in South Carolina with the smallest population being Allendale County and the largest being Greenville County.

Our Moore Bradley Myers Attorneys help counties navigate a host of government law issues.

 

Counties can operate under four forms of government:

  • Council form

  • Council-supervisor form

  • Council-administrator form

  • Council-manager form

 

County council members are elected to two- or four-year terms, either at large or by single member districts. 

3

Educational Law

Our Moore Bradley Myers attorneys help school boards, governing bodies and administrators craft policies that leave a positive lasting impact on higher, public and private education. We are well-versed on the complex and multi-faceted issues encompassed in South Carolina education law.


Some of these issues include:

  • Contracts

  • Higher Education Law

  • School Funding

  • The Americans with Disabilities Act

  • The South Carolina Charter Schools Act

  • The South Carolina Education Accountability Act

 

Resources for South Carolina Education Laws:

 

https://ed.sc.gov/policy/education-laws-legislation/educational-laws-and-regulations/

4

Special Purpose District Law

A Special Purpose District, or SPD, is a district created by an Act of the General Assembly or pursuant to general law and which provides any governmental power or function including, but not limited to, fire protection, sewerage treatment, water or natural gas distribution or recreation. 

 

All SPDs must file a Notification Form with the Secretary of State upon their creation and by December 31st of every even numbered year after that.