Councilmembers and staff often face the question of whether or not a specific action requires the passage of an ordinance or a resolution.
Ordinances
State law requires ordinances in a number of specific circumstances, but in cases where it does not, councils have the flexibility to use either an ordinance or resolution. Generally, councils should use an ordinance anytime the law or rule under consideration would be broadly applicable, and have a major and long-lasting impact. Some ordinances require public hearings.
Both ordinances and resolutions are public records under the SC Public Records Act, so a paper or electronic copy of the originals must be retained perpetually by the municipality.
South Carolina law requires the passage of an ordinance for these actions:
Administration
- Adopting or amending an administrative code – SC Code Section 5-7-260(1)(opens in a new tab)
- Establishing, altering or abolishing a municipal department, office or agency – SC Code Section 5-7-260(1)(opens in a new tab)
- Granting, renewing or extending franchises – SC Code Section 5-7-260(4)(opens in a new tab)
Council operations
- Conducting a municipal election – Title 5, Chapter 15(opens in a new tab)
- Establishing council rules of procedure – SC Code Sections 5-7-250(opens in a new tab) and 5-7-270(opens in a new tab)
- Setting councilmember salaries – SC Code Section 5-7-170(opens in a new tab)
Financial operations
- Adopting budgets – SC Code Section 5-7-260(3)(opens in a new tab)
- Levying taxes – SC Code Section 5-7-260(3)(opens in a new tab)
- Setting procurement procedures – SC Code Section 11-35-5320(opens in a new tab)
- Authorizing the borrowing of money – SC Code Section 5-7-260(5)(opens in a new tab)
- Establishing a fine or other penalty, or create a rule on whether a violation is subject to a fine or penalty – SC Code Section 5-7-260(2)(opens in a new tab)
Land use and regulation
- Annexing property – Title 5, Chapter 3(opens in a new tab)
- Adopting a comprehensive plan – SC Code Section 6-29-530(opens in a new tab)
- Adopting zoning and land development regulations – Title 6, Chapter 29, Article 5(opens in a new tab)
- Adopting building codes – SC Code Sections 5-7-280(opens in a new tab) and 6-9-60(opens in a new tab)
- Selling, leasing or contracting to sell or lease any lands of the municipality – SC Code Sections 5-7-40(opens in a new tab) and 5-7-260(6)(opens in a new tab)
Every proposed ordinance must be introduced in writing and in the format required for final adoption. No ordinance has the force of law until it has had at least two readings on two separate days with at least six days (a day must be a complete 24-hour period) between each reading. If local rules of procedure call for three readings, council must follow that requirement.
Once adopted, municipal ordinances must be typewritten or printed, maintained in a current form, indexed, codified — in other words, put into an organized system — and be made available for public inspection at reasonable times. This ensures council used a deliberative process to adopt the ordinance and the enacted ordinance is an accessible public record. Once an ordinance is adopted, council can only amend it or repeal it by adopting another ordinance.
Resolutions
A resolution is a written motion of council which generally expresses a policy or position on an issue. The policy or position is generally considered to have a limited duration because it can be changed at any time by one vote of council. Unlike ordinances, resolutions require only one reading and vote by council.
A written resolution is no different from a verbal motion approved by council. Resolutions are often used instead of verbal motions when council wants to put greater emphasis or visibility on an action item.