No Action Taken on Special Election to Fill King's Seat

A special election to fill Irmo Town Council member Hardy King's unexpired term could be held after King is sworn in as mayor.

During the council's regular meeting Tuesday night, Mayor John Gibbons said he asked King to give a letter of resignation effective the Dec. 6 meeting in order to proceed with calling for a special election.

Gibbons said state law requires a special election be held on the 13^th Tuesday following a vacancy or letter of resignation.

According to Section 7-13-190 (c) of the South Carolina Code, “if the office is not one for which there are partisan elections, then the filing must be opened at noon on the third Friday after the vacancy occurs for a period to close ten days later at noon. The filing must be made to the same entity to which the nonpartisan officeholders would normally file for office in a general election year. The election must be set for the thirteenth Tuesday after the vacancy occurs.”

Gibbons said based on his interpretation of the law a special election could be held prior to a vacancy occurring because someone gave a letter of resignation effective in the future.

King, who will be sworn in as mayor on Dec. 6, said he was told that unless it was an irrevocable letter of resignation it had to be effective Tuesday night.

He said if the special election wasn’t "handled the way it was supposed to the whole election could be challenged."

Gibbons said he didn't think the resignation would have to be effective Tuesday night.

Gibbons and council's attorney suggested the resignation letter say “effective upon swearing-in.

After some discussion, the council took no action.

Gibbons said if an election was called Tuesday night, the election could’ve been held Feb. 14 with a swearing-in ceremony Feb. 21.

If delayed until Dec. 6, he said, the election would be held March 6 and a swearing-in ceremony would be held on March 20.

That would leave the seat vacant for about a month.

In other business:

• Council recognized Irmo Reserve Police Officer Marion Buff for 21 years of volunteering with the Irmo Police Department. Chief Brian Buck said Buff has logged at least 5,000 hours.

• A presentation of the town's audit for the fiscal year ending June 30 was given by Robert E. Milhous. Milhous said the town had an excellent audit and the town's "books were in good shape."

• Kirk Luther, chairman of the Okra Strut Committee, gave a brief report on this year's festival. Luther said the committee came in under budget. The budget was $107,000 and expenses were $85,000, a difference of $22,000.

• The council approved first reading of an ordinance to reduce the filing period from 30 days to 15 days and an ordinance to amend the zoning ordinance to change from the use of Standard Industrial Classification to the North American Industrial Classification System.

• The council unanimously approved withdrawing $1 million appropriated for Sease Road.

Gibbons and council member Kathy Condom's terms end Nov. 30. Tuesday's meeting was the last meeting, provided no special meeting is called, for the two before the swearing-in ceremonies for King as Irmo's first new mayor in 20 years, Harvey Hoots, who was re-elected, and Paul Younginer.