Mayor requests AG’s opinion after voters pass referendum

BLYTHEWOOD – Blythewood Mayor Sloan Griffin has asked for an attorney general’s opinion as to whether it is permissible to implement a new government structure before his current term ends on November 22, 2027.

Blythewood voters passed a referendum on July 29, calling for the town’s form of government to be changed from a mayor-council form to a council-manager form.

Prior to the referendum, both the mayor and the four council members who called for the referendum agreed to abide by the voters’ will. However, on Aug. 4, Griffin sent an email to the other four council members questioning how South Carolina Code 5-5-60 would affect the outcome of the referendum.

Griffin wrote in his email that S.C. Code 5-5-60 “states that elected officials shall continue to serve until their successors are elected and qualify” under the new form.

But that is not exactly what Section 5-5-60 of the SC Code states. It says: “Upon initial adoption of or on any change to one of the alternate forms of government, all members of the existing governing body shall continue to serve their elected terms and until their successors are elected and qualify.”

“The public notice from the Mayor seeks to delay the implementation of the July 29 referendum that he pledged to uphold, but misquotes section 5-5-60,” said Town Councilman Rich McKenrick. “This section strictly deals with elected officials serving out their term in the event of a change in the form of government. It does not address whether the mayor can continue to govern under the previous form of government until his term is up.”

In his request, Griffin also asks for a formal opinion from the Attorney General “to confirm the lawful timing and scope of implementation under state law.

“I have also requested that the proposed transition be reviewed under Section 2 of the federal Voting Rights Act, which remains in full effect and prohibits any changes that could have a discriminatory impact on minority voting strength or representation.

“This is not about contesting the election outcome,” Griffin wrote, “but rather about ensuring the transition is carried out legally and according to both the spirit and letter of the law. The voters chose this administration to serve until 2027, and I must uphold the integrity of that term while respecting this democratic process and state law.”

“The mayor’s term is not decreased by the referendum,” said Media Attorney Jay Bender, who represents the S.C. Press Association. “The Voting Rights Act angle seems baseless, because no district lines are being changed. A public official is always free to seek an opinion from the Attorney General on a question of law. That office has capable attorneys who will provide a legal analysis but will not decide disputed facts.”

Contact us: (803) 767-5711 | P.O. Box 675, Blythewood, SC 29016 | [email protected]