Irmo Election to Fill King's Vacant Seat Set for March

A special election to fill a seat left vacant after Mayor Hardy King was sworn in Tuesday night has been set for March 6.

Town administrator Bob Brown said during Irmo Town Council's regular meeting filing for the election would open on Dec. 23 and the last day to file will be Jan. 3.

A swearing-in ceremony would be held on March 20.

While the special election process is being conducted, only four members are seated on council. 

Tuesday's meeting was the first meeting for King as mayor and it wasn't a smooth transition.

During public participation, a local resident accused King of violating state law because he didn't give a resignation letter before swearing in as mayor.

The resident said King needed to write the letter of resignation otherwise he was violating state law because he was holding two offices.

“It is clear to me that you continue to hold that office that you were elected to approximately two years ago until one of the following events occur: you die, you become disqualified, you resign or the term expires ….as we stand here right now, none of those events have occur.”

According to Section 7-13-190 of the S.C. Code of Law, special elections to fill vacancies in office.

"Except as otherwise provided in this code as to specific offices, whenever a vacancy occurs in office by reason of death, resignation, or removal and the vacancy in office is one which is filled by a special election to complete the term of office, this section applies.

King said that once he was sworn in as mayor, he was automatically vacating his seat as a council member.

He said a resignation letter isn’t needed and it should be clear that there is a vacancy but he would provide one in order to move forward.

The vacant seat wasn't King’s only challenge Tuesday night.

The council also discuss the appointment of standing committees and had some debate over an ordinance concerning temporary signs.

According to section 2-40 of the Irmo code, the mayor may appoint the four standing committees unless otherwise directed by council. 

Each council member can serve on two committees and no more than two members can be on a committee at one time.

King said he was in favor of appointing all council members to all committees as “committees at whole” in order to avoid any confusion for department heads about who they answer to.

Council member Harvey Hoots said he disagrees with King and will move to appoint committees at the council’s next meeting in January.

In other business, council:

• elected Barry A Walker Sr. as mayor pro-tem. King, Hoots and Younginer all voted in favor of the nomination. Walker did not vote.

• approved second reading of an ordinance to reduce the filing period from 30 days to 15 days

• approved first reading of an ordinance concerning temporary signs.