Charleston, S.C., City Code § 2-16 Composition.
Sec. 2-16. - Composition.
The city council shall be composed of the mayor and twelve (12) members of council.
(Ord. No. 1977-71, § 1, 11-8-77)
GENERALLY
Charleston, S.C., City Code ch. 2, art. II, div. 1
in effectCharleston, S.C., City Code § 2-17 Powers.
Sec. 2-17. - Powers.
(a) All powers of the city are vested in the city council, except as otherwise provided by law, and the city council shall provide for the exercise of and for the performances of all duties and obligations imposed on the municipality by law.
(b) The city council may establish municipal departments, offices and agencies, and may prescribe the function 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 another department, office or agency.
(Ord. No. 1977-71, § 1, 11-8-77)
Charleston, S.C., City Code § 2-18 Term of office; when term begins.
Sec. 2-18. - Term of office; when term begins.
(a) Members of the city council shall be elected for a term of four (4) years.
(b) The mayor and members of council who are elected in the general election of 1979 shall take office on the second Monday of January 1980 and serve until the second Monday in January next following the regularly scheduled general election for the office of the mayor and for the members of council for the council districts on the ballot in such general election.
(Ord. No. 1977-71, § 1, 11-8-77; Ord. No. 1979-19, § 2)
Charleston, S.C., City Code § 2-19 Judge of election and qualifications of members and of grounds for forfeiture of office.
Sec. 2-19. - Judge of election and qualifications of members and of grounds for forfeiture of office.
The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. Notice of a hearing concerning a member charged with conduct constituting grounds for forfeiture of office shall be published in one or more newspapers of general circulation in the municipality at least one week in advance of the hearing. Decisions made by the council under this section may be appealed to the court of common pleas.
(Ord. No. 1977-71, § 1, 11-8-77)
Charleston, S.C., City Code § 2-20 Grounds for forfeiture of office; filling vacancies in office.
Sec. 2-20. - Grounds for forfeiture of office; filling vacancies in office.
(a) A council member shall forfeit his or her office if he or she:
(1) Lacks at any time during his or her term of office any qualifications of the office prescribed by the general law and the constitution;
(2) Violates any express prohibitions of chapters one through seventeen, Title 5 of the South Carolina Code of Laws for 1976; or
(3) Is convicted of any crimes involving moral turpitude.
(b) A vacancy on the city council shall be filled for the remainder of the unexpired term at the next regular election or at a special election if the vacancy occurs one hundred eighty (180) days or more prior to the next general election.
(Ord. No. 1977-71, § 1, 11-8-77)
Charleston, S.C., City Code § 2-21 Salaries and expenses to be set by ordinance.
Sec. 2-21. - Salaries and expenses to be set by ordinance.
(a) The council may determine the salary of city elected officials by ordinance; provided, that an ordinance establishing or increasing such salaries shall not become effective until the commencement date of the terms of two (2) or more members elected at the next general election following the adoption of the ordinance, at which time it will become effective for all members whether or not they were elected in such election. The mayor and council members may also receive payment for actual expenses incurred in the performance of their official duties within limitations prescribed by section 2-21(f).
(b) The salaries of the councilmembers shall be twenty thousand one hundred thirty-one dollars and ninety cents ($20,131.99). Further, each councilmember shall be limited to no more than four (4) out-of-town overnight trips per year that are funded with city funds or city-administered grant funds.
(c) The salary of the mayor currently is and remains at one hundred eighty-eight thousand two hundred twenty-two dollars and eleven cents ($188,222.11).
(d) The mayor pro temp, in recognition of the additional work provided by virtue of the position, shall be paid twenty-two thousand one hundred thirty-one dollars and ninety cents ($22,131.99).
(e) Beginning in year 2022, the salary of elected city officials will be adjusted by the annual cost of living increase allotted to unclassified city employees.
(f) The following actual expenses incurred in the performance of council members' official duties will be eligible for reimbursement up to each council member's allotment of reimbursable administrative expenses:
(1) Costs incurred for constituent communications to include postage;
(2) Expenses related to official city-related meetings with constituents to include facility rental fees and refreshments;
(3) Constituent recognition items; and
(4) Council member nametags and city promotional items such as city pins and t-shirts;
(g) Any expense submitted by a council member for reimbursement must be submitted with a completed expense report, all required documentation as set forth in the expense report, and a receipt for the actual expense incurred.
(h) If for any reason an expense is reimbursed that is later determined to be not related to the performance of the council member's official duties, the council member will immediately reimburse the city for the total amount of the expense.
(i) Once a councilmember has reached their allotment of reimbursable administrative expenses as established in each year's budget, no further expenses will be reimbursed.
(Ord. No. 1983-61, § 1, 10-25-83; Ord. No. 1987-3, § 1, 1-13-87; Ord. No. 1991-35, § 1, 4-9-91; Ord. No. 1993-116, § 1, 5-11-93; Ord. No. 1999-151, § 1, 10-26-99; Ord. No. 2003-27, §§ 1, 2, 3-11-03; Ord. No. 2007-12, §§ 1, 2, 1-9-07; Ord. No. 2015-033, §§ 1, 2, 4-13-15; Ord. No. 20321-149, §§ 1—5, 10-26-21; Ord. No. 2024-025, § 1, 2-27-24)
Charleston, S.C., City Code § 2-22 Members holding other political offices prohibited; exception.
Sec. 2-22. - Members holding other political offices prohibited; exception.
No council members shall hold any other municipal office or municipal employment while serving the term to which he or she was elected, except where authorized by law.
(Ord. No. 1977-71, § 1, 11-8-77)
Charleston, S.C., City Code § 2-23 Meetings; rules and procedures for meetings; freedom of information; emergency ordinances.
Sec. 2-23. - Meetings; rules and procedures for meetings; freedom of information; emergency ordinances.
(a) The council, after public notice, shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of a majority of the members.
(b) The council shall determine its own rules and order of business and shall provide for keeping minutes of its proceedings which shall be a public record.
(c) Procedures for meetings of a municipal governing body shall not conflict with the provisions of the general laws of the state with regard to freedom of information.
(d) To meet public emergencies affecting life, health, safety or the property of the people, the council may adopt emergency ordinances; but such ordinances shall not levy taxes, grant, renew or extend a franchise or impose or change a service rate. Every emergency ordinance shall be enacted by the affirmative vote of at least two-thirds (⅔) of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment.
(e) All regular meetings of city council that are recorded by a videographer shall be posted virtually in real time or televised as long as any existing cable franchise provider is required, as a part of its franchise agreement with the city, to provide such televising services, including at least one (1) camera and camera operator, to televise such meetings at no cost to the city. The city shall place a copy of each televised or virtually-posted regular city council meeting on the city's website. The public shall obtain copies of any regular city council meeting in accordance with the requirements of the S.C. Freedom of Information Act. Copies of all virtual or televised meetings of city council shall be archived and retained by the city's records management division.
(f) Councilmembers may attend standing committee meetings virtually or by telephone. Councilmembers may attend meetings of city council or the committee on ways and means virtually or by telephone only if the remaining members attending in person constitute a quorum of the governing body. During emergency meetings or specially called meetings due to exigent circumstances, councilmembers may attend virtually without the requirement that a quorum be present in person. When virtual or telephonic attendance is permitted in accordance with this subparagraph, the following rules and procedures shall apply:
(1) Notice of virtual or telephonic attendance shall be provided to the clerk of council's office and when possible, not less than twenty-four (24) hours before the scheduled start time for the meeting. The clerk of council shall advise the mayor or committee chair of the request.
(2) At any meeting where a councilmember is attending virtually or by telephone, there shall be a device that allows the voice of the remotely-participating councilmember to be heard by everyone present in the meeting room.
(3) Any meeting where a councilmember is attending virtually or by telephone shall be conducted in accordance with the requirements of the S.C. Freedom of Information Act.
(4) Any councilmember attending a committee meeting virtually or by phone where an executive session is held will ensure that no other person is within a range that would allow matters to be discussed or considered to be heard.
(Ord. No. 1977-71, § 1, 11-8-77; Ord. No. 2010-246, § 1, 10-12-10; Ord. No. 2016-117, § 1, 9-27-16; Ord. No. 2019-098, § 1, 10-8-19; Ord. No. 2022-016, § 1, 1-25-22; Ord. No. 2022-047, § 1, 3-22-22)
Charleston, S.C., City Code § 2-24 Adoption of ordinances and resolutions proposed by a councilmember, standing committee or appointed board or commission.
Sec. 2-24. - Adoption of ordinances and resolutions proposed by a councilmember, standing committee or appointed board or commission.
(a) A councilmember may bring a proposed ordinance or resolution forward to city council by requesting a discussion item under "Council Communications" on the city council agenda. A majority of city council may then direct staff to draft the proposed ordinance or resolution to be considered by the appropriate standing committee. The standing committee's action on the proposed ordinance and resolution will be reported out to city council at the subsequent city council meeting where city council will have the option of giving the ordinance a first reading or approving the resolution. Should there be no appropriate committee for assignment, a majority of council may direct staff to draft proposed legislation for discussion and/or consideration at a subsequent meeting. This process will not apply to resolutions proposed by councilmembers that are intended to honor individuals and do not require the city to adopt a policy or position on a specific issue.
(b) Any proposed ordinance originating from a standing committee or appointed board or commission, shall be presented to council for first reading at the regularly scheduled meeting after a two-week review period. This subsection does not apply to ordinances generated from ways and means committee, ordinances proposed by city staff or any emergency ordinance. Any proposed resolution from a standing committee or appointed board or commission shall be presented to council for consideration after a two-week review period. This subsection does not apply to resolutions generated from ways and means committee, resolutions proposed by city staff or any emergency resolutions.
(c) A proposed ordinance and resolution shall be introduced in writing and in the form required for final adoption. City council shall by ordinance establish its own rules and procedures to the adoption of ordinances and resolutions. No ordinance shall have the force of law until it has been read three (3) times and in conformance with the procedures set forth in section 2-46. Further, any ordinance providing for the adoption of the annual city budget shall be presented to city councilmembers at least two (2) weeks prior to its first reading.
(d) The city council may adopt any standard code or technical regulation by reference thereto in the adopting ordinance. The procedure and requirements governing such ordinance shall be as prescribed by state law. Copies of any ordinance adopting a code of technical regulations shall be made available by the municipal clerk for distribution or for purchase at a reasonable price.
(Ord. No. 1977-71, § 1, 11-8-77; Ord. No. 1998-01, § 1, 1-13-98; Ord. No. 2023-035, § 1, 2-14-23; Ord. No. 2026-066, § 1, 3-24-26)
Charleston, S.C., City Code § 2-25 Annual audits.
Sec. 2-25. - Annual audits.
The council shall provide for an independent annual audit of all financial records and transactions of the municipality and of any agency funded in whole by municipal funds and may provide for more frequent audits as it deems necessary. Special audits may be provided for any agency receiving municipal funds as the municipality deems necessary. Such audits shall be made by a certified public accountant, public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the municipal government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding four (4) years, provided that the designation for any particular fiscal year shall be made no later than thirty (30) days after the beginning of such fiscal year. The report of the audit shall be made available for public inspection. The council may in its discretion accept independent audits of municipal agencies and departments and include such audits in its general report of the audit of the municipality.
(Ord. No. 1977-71, § 1, 11-8-77; Ord. No. 1998-01, § 1-13-98)
Charleston, S.C., City Code § 2-26 Quorum.
Sec. 2-26. - Quorum.
The mayor, or in his absence the mayor pro tem, and not less than two-thirds (⅔) of the council members, shall be a quorum of the city council for the imposition of taxes and the appropriation of money; and for the discharge of all other duties imposed, and all other powers and authorities vested in such city by law, the mayor, or in his absence the mayor pro tem, and not less than one-half (½) of the council members shall be a quorum.
(Ord. No. 1977-71, § 1, 11-8-77)
Charleston, S.C., City Code § 2-27 Vote required when document is not posted in council members' mail boxes at city hall prior to 5:00 p.m. on the Wednesday prior to regular city council meetings.
Sec. 2-27. - Vote required when document is not posted in council members' mail boxes at city hall prior to 5:00 p.m. on the Wednesday prior to regular city council meetings.
A two-thirds (⅔) vote of city council members present shall be required to consider any item on city council's agenda when the completed document has not been posted in council member's mail boxes at city hall prior to 5:00 p.m. on the Wednesday immediately prior to any regular meeting of city council. However, best efforts will be made to deliver agenda packets to council members' specified addresses by 5:00 p.m. each Wednesday prior to the scheduled meeting.
(Ord. No. 1996-173, § 1, 9-3-96; Ord. No. 1998-181, § 1, 10-27-98; Ord. No. 2010-84, § 1, 4-27-10)
Charleston, S.C., City Code § 2-28 Rules of decorum.
Sec. 2-28. - Rules of decorum.
(1) Rules of decorum.
While any meeting of city council is in session, the following rules of decorum shall be observed:
(a) Any person who speaks at a city council meeting shall conduct himself or herself in a manner appropriate to the decorum of the meeting and shall not use any profane, abusive or obscene language nor any fighting words or otherwise engage in disorderly conduct. Any person who makes such remarks or otherwise engages in disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of a city council meeting shall, at the discretion of the mayor, or in his absence, the mayor pro tempore, be barred from further audience before city council during that meeting and may be removed from the building.
(b) Any law enforcement officer who is serving as sergeant-at-arms of city council shall carry out all orders and instructions given by the mayor or in his absence, the mayor pro tempore, for the purpose of maintaining order and decorum at the city council meeting. Upon instruction of the mayor, or in his absence, the mayor pro tempore, it shall be the duty of such law enforcement officer to remove from the city council meeting any person who is disturbing the proceedings of city council.
(c) This section in no way limits any person from being charged or arrested for criminal conduct which occurs during the course of a city council meeting or during the course of a person being removed from a city council meeting pursuant to this section.
(Ord. No. 2007-13, § 1, 1-23-07; Ord. No. 2008-08, § 1, 1-22-08; Ord. No. 2012-58, § 1, 2-14-12; Ord. No. 2016-015, § 1, 1-26-16)
Charleston, S.C., City Code § 2-29 Code of conduct.
Sec. 2-29. - Code of conduct.
(a) Code of Conduct. A member shall act at all times in accordance with the member's oath, which provides as follows:
I do solemnly swear that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States.
As Councilmember (or Mayor) of the municipality of Charleston, I will equally, fairly and impartially, to the best of my ability and skill, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect according to law, the purposes for which I have been elected. So help me God.
(b) Member. As used herein, the term "member" includes the mayor and individual members of council.
(c) Other rules. This section 2-29 applies in addition to the other substantive and procedural rules applicable to members contained in the City Code, and under state and federal laws, including, without limitation, state ethics laws. Without limiting the foregoing, Section 61 of Robert's Rules of Order Newly Revised (11th ed.), as may be amended, shall apply to breaches of order by members in a meeting.
(d) Compliance and enforcement.
(1) A public disciplinary hearing against a member for violation of the oath may be held only upon resolution of council moved and adopted according to the following procedures: (1) a member must move to hold a public disciplinary hearing; (2) two (2) additional members must second the motion; and (3) council must approve the motion by a vote of at least two-thirds (⅔) of members present and voting.
(2) A member charged with conduct constituting a violation of the oath in accordance with subsection 2-29(d)(1) shall be entitled to a public disciplinary hearing. Notice of such hearing shall be published in one or more newspapers of general circulation in the municipality at least one week in advance of the hearing. After the hearing, the question to be considered by council shall be: "Based on the evidence presented during the hearing, has the member (a) intentionally violated the oath; and/or (b) committed a serious violation of the Oath?" If the question is answered in the affirmative by at least two-thirds (2/3) of the members present and voting, council shall proceed to consider one or more of the following sanctions, which shall be imposed by majority vote of the members present and voting: (a) censuring the member; and/or (b) removing the member's seniority/committee status.
(3) Unless prohibited by applicable law, the member accused and/or charged with conduct constituting a violation of the oath may vote on the motion to set a public disciplinary hearing, the motion to determine whether the member violated the oath, or any sanctions.
(4) Nothing herein shall preclude city council from voting to go into executive session to receive legal advice regarding the interpretation or application of the oath.
(e) Effect of violation. A violation of this section 2-29 shall not be considered a basis for challenging the validity of a council or committee decision, nor shall this section 2-29 create additional rights in third parties or members of the public.
(Ord. No. 2021-059, § 1, 4-27-21)
Source: City of Charleston, South Carolina, Code of Ordinances and Zoning Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/sc/charleston/codes/code_of_ordinances?nodeId=CICO_CH2AD_ARTIICICO_DIV1GEFetched: 11/7/2026