Committee to Consider HCSWA Proposed Bylaw Changes

By Paul Gable

The Horry County Infrastructure and Regulation Committee will consider changes to the Horry County Solid Waste Authority (HCSWA) bylaws at its regular meeting next week.

The committee should pay very close attention to these proposed changes because at least one appears to be in contradiction of county ordinance.

Under Article XIII of the HCSWA bylaws, a change is proposed to read, “Upon dissolution of the Authority all of the Authority’s assets shall be distributed to Horry County, South Carolina in such manner as determined by the Board of Directors of the Authority upon approval by Horry County Council.”

However, Horry County Council passed an amendment to Horry County Ordinance 60-90 on April 1, 2014. The amendment deals with dissolution of the authority as stated below:

“Dissolution of the Authority may be accomplished solely through majority vote of County Council by way of three readings of an Ordinance affecting such dissolution. Prior to the enactment of such Ordinance, the Chairman of County Council shall appoint an ad hoc committee, consisting of four (4) members of County Council and upon request from the League of Cities, three (3) members nominated by the League of Cities, and shall appoint the chairman of such committee. The ad hoc committee will be tasked to provide a recommendation to County Council concerning dissolution, and will conduct meetings and report back to Council as prescribed by the Chairman of County Council.”

Clearly, the HCSWA Board of Directors has no function in the Horry County ordinance. An ad hoc committee, appointed by the chairman of Horry County Council is tasked to make recommendations to county council as directed. For the HCSWA Board of Directors to presume a part in this process is clearly in violation of the county ordinance as amended.

Another area of presumption by the HCSWA board is in the matter of its membership. Horry County Council appoints the seven members of the board by vote of full council. However, in another proposed bylaw change, the HCSWA board presumes it can recommend to council removing a board member by a vote of two-thirds majority of the board.

Such nonsense! The HCSWA was created by Ordinance 60-90 to assume administrative and other practical functions with the running of the county landfill. The recommendations approved by the HCSWA board are really advisory to county council, which holds power and control over all matters of solid waste within the county by state law. The HCSWA was not created to assume the power and control from Horry County Council, but merely to act as the government created agent to carry out the day to day functions.

It would be well for the HCSWA Board of Directors and staff to remember that!

 

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