South Carolina § 1-3-240 - Removal of officers by Governor.

§ 1-3-240. Removal of officers by Governor.

(A) Any officer of the county or State, except:

(1) an officer whose removal is provided for in Section 3 of Article XV of the State Constitution;

(2) an officer guilty of the offense named in Section 8 of Article VI of the State Constitution; or

(3) pursuant to subsection (B) of this section, an officer of the State appointed by the Governor, either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity must be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. Before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard.

(B) A person appointed to a state office by the Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer.

(C)(1) Persons appointed to the following offices of the State may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(a) Workers' Compensation Commission;

(b) [Reserved]

(c) Ethics Commission;

(d) Election Commission;

(e) Professional and Occupational Licensing Boards;

(f) Juvenile Parole Board;

(g) Probation, Parole and Pardon Board;

(h) Director of the Department of Public Safety;

(i) Board of the Department of Health and Environmental Control, excepting the chairman;

(j) Chief of State Law Enforcement Division;

(k) South Carolina Lottery Commission;

(l) Executive Director of the Office of Regulatory Staff;

(m) Directors of the South Carolina Public Service Authority appointed pursuant to Section 58-31-20;

(n) State Ports Authority;

(o) State Inspector General;

(p) State Adjutant General;

(q) South Carolina Retirement Investment Commission members appointed by the Governor or members of the General Assembly; and

(r) South Carolina Public Benefit Authority members.

(2) Upon the expiration of an officeholder's term, the individual may continue to serve until a successor is appointed and qualifies.

HISTORY: 1962 Code SECTION 1-124; 1952 Code SECTION 1-124; 1942 Code SECTION 3098; 1932 Code SECTION 3098; 1924 (33) 997; 1993 Act No. 181, SECTION 6; 2001 Act No. 59, SECTION 3; 2004 Act No. 175, SECTION 1, eff March 4, 2004; 2005 Act No. 137, SECTION 1, eff May 25, 2005; 2007 Act No. 114, SECTION 3, eff June 27, 2007; 2009 Act No. 73, SECTION 16, eff June 16, 2009; 2012 Act No. 105, SECTION 1, eff January 1, 2012; 2014 Act No. 224 (H.3540), SECTION 1, eff March 5, 2015; 2016 Act No. 275 (S.1258), SECTION 86, eff July 1, 2016; 2017 Act No. 13 (H.3726), Pt. V, SECTION 16, eff July 1, 2017; 2021 Act No. 90 (H.3194), SECTION 6, eff June 15, 2021.

Code Commissioner's Note

At the direction of the Code Commissioner, the repeal of (C)(1)(b) by 2016 Act No. 275, SECTION 86, was changed to "Reserved".

Editor's Note

2014 Act No. 224, SECTION 4, provides as follows:

"SECTION 4. This act takes effect upon the ratification of amendments to Section 7, Article VI, and Section 4, Article XIII of the Constitution of this State deleting the requirement that the Adjutant General be elected by the qualified electors of this State and providing that he be appointed by the Governor."

2015 Act No. 1 (S.8) SECTIONS 1.A, 1.B, eff March 5, 2015, ratified amendments to Section 7, Article VI, and Section 4, Article XIII of the Constitution.

Effect of Amendment

The 2004 amendment added subsection (C)(12).

The 2005 amendment, in subsection (C), designated paragraph (1) and under it redesignated items (1) to (12) as subparagraphs (a) to (l), in subparagraph (b), substituted "Reserved" for "Commission of the Department of Revenue", and added subparagraph (m) relating to the officers who may be removed by the governor; and designated paragraph (2) making nonsubstantive changes.

The 2007 amendment, in subsection (C)(1)(b), substituted "Department of Transportation Commission" for "Reserved".

The 2009 amendment added subsection (C)(1)(n) relating to State Ports Authority.

The 2012 amendment inserted subsection (C)(1)(o) and made other nonsubstantive changes.

2014 Act No. 224, SECTION 1, effective March 5, 2015, added subsection (C)(1)(p), relating to the Adjutant General.

2016 Act No. 275, SECTION 86, repealed (C)(1)(b), relating to the Department of Transportation Commission.

2017 Act No. 13, Pt. V, SECTION 16, added (C)(1)(q) and (C)(1)(r), and made other nonsubstantive changes.

2021 Act No. 90, SECTION 6, in (C)(1)(m), deleted the second, third, and fourth sentences, clarifying the Governor's authority to remove directors of the Public Service Authority.