On the agenda: Oconee County Backup Material — automated license plate (Sep 1)

PROCUREMENT - AGENDA ITEM SUMMARY
OCONEE COUNTY, SC

COUNCIL MEETING DATE: September 1, 2026

ITEM TITLE:

Procurement #: RFP 26-01

Title: Aviation Fuel

Department(s): Airport

Estimated Amount: $2,186,168.00

FINANCIAL IMPACT:

Procurement was approved by Council in Fiscal Year 2026-2027 budget process.
Budget: $2,186,168* Project Cost: $2,186,168*
Balance: 0

Finance Approval: ___________________________

(*$270,000.00 for Avgas, $1,892,000.00 for Jet A, and $24,168.00 for leased equipment. Total budget reflected. Previous contract expenditures pending. Actual
PO and expenditures for recommended contract will align with remaining budget amount after closing previous contract.)

BACKGROUND DESCRIPTION:

The RFP is for the purchase and delivery of aviation fuels, including 100 Octane Low Lead (Avgas) and Jet A, on an as-needed basis for the County
Airport’s Fixed Base Operator (FBO), as well as the lease of fuel trucks for the duration of the contract.
Pricing will be based on the Weekly Market Rack Price for Avgas and the Weekly U.S. Gulf Coast Mean Average for Jet A for the week prior to the order
and delivery. The primary terminal for Avgas is Wilmington, NC, and the primary terminal for Jet A is Belton, SC. If fuel is not available at the primary
terminals, alternate terminals in Savannah, GA, for Avgas and North Augusta, SC, for Jet A, will be utilized.
The fuels are sold to the public, including aircraft based at the Airport and transient aircraft visiting the Airport. There are currently 85 based aircraft at the
Airport.
The current fuel contract expires on September 30, 2026. Award of the RFP is necessary to avoid an interruption in fuel supply to Airport customers.
Quantities included in the RFP were estimated for pricing purposes. The cost of bulk fuel is offset through retail fuel sales. Bulk fuel costs are reflected as
expenditures in the Airport’s budget and retail fuel sales are reflected as revenues.
The cost of bulk fuel is paid through retail fuel sales and is reflected as revenue and expenditures in the Airport’s budget.
The total amount requested for Council approval is based on the amounts budgeted in the Airport’s FY 2026-2027 budget for fuel purchases and leased
equipment:
• $270,000.00 – Avgas
• $1,892,000.00 – Jet A
• $24,168.00 – Leased Equipment
• Total: $2,186,168.00
Because the current fuel contract expires on September 30, 2026, which is partway through the FY 2026-2027 fiscal year, a portion of the budgeted funds
for fuel purchases has already been utilized for fuel purchases made in July, August, and September under the expiring contract. Accordingly, the purchase
order for FY 2026-2027 will be issued for the amounts remaining available in the applicable budget codes. This timing accounts for the difference between
the total contract award amount and the budgeted amounts reflected in the Financial Impact section, as a portion of the FY 2026-2027 budget has already
been expended under the current contract.
Sealed proposals were opened on July 21, 2026. Eleven (11) fuel providers were originally notified of the opportunity, and five (5) companies submitted
proposals. A County Staff Evaluation Committee reviewed and scored the proposals and unanimously recommended award to Eastern Aviation Fuels, Inc.,
dba Titan Aviation Fuels, of New Bern, NC.

ATTACHMENT(S):
1. RFP 26-01 Committee Scoring Sheet
STAFF RECOMMENDATION:
It is the staff’s recommendation that Council:
1. Approve the award of RFP 26-01, Aviation Fuel, to Eastern Aviation Fuels, Inc., dba Titan Aviation Fuels, of New Bern, NC, in an estimated
amount of $2,186,168.00.
2. Authorize the County Administrator to execute the contract documents and renew the contract for up to four (4) additional one-year periods,
provided the annual amount does not exceed the amount budgeted for aviation fuel and leased equipment and the services provided are satisfactory.
Submitted or Prepared By:_______________________________Approved for Submittal to Council: ___________________________________
Tronda C. Popham, Procurement Director
Stewart O. Jones, County Administrator

Council has directed that they receive their agenda packages a week prior to each Council meeting, therefore, Agenda Item Summaries must be submitted to the
Administrator for his review/approval no later than 12 days prior to each Council meeting. It is the Department Head / Elected Officials responsibility to ensure that all
approvals are obtained prior to submission to the Administrator for inclusion on an agenda.
A calendar with due dates marked may be obtained from the Clerk to Council.

RFP 26-01

Aviation Fuel for Oconee County Regional Airport

SCORES - 500 point scale

Open Date: July 21, 2026 @ 2:00pm

Ascent Aviation
Group, Inc. a
subsidiary of
World Fuel
Services, Inc.

Associated
Energy Group,
LLC

Avfuel Corporation

Campbell Oil Company

Eastern Aviation
Fuels, Inc. dba
Titan Aviation
Fuels

Evaluator 1

268.00

292.00

270.00

254.00

388.00

Evaluator 2

320.00

330.00

376.00

168.00

446.00

Evaluator 3

372.00

372.00

378.00

290.00

492.00

Evaluator 4

392.00

322.00

392.00

66.00

464.00

Evaluator 5

274.00

276.00

248.00

146.00

422.00

1626.00

1592.00

1664.00

924.00

2212.00

3

4

2

5

1

325.20

318.40

332.80

184.80

442.40

3

4

2

5

1

Bidders

TOTAL SCORE
RANKING
AVERAGE SCORE
AVERAGE
RANKING

PROCUREMENT - AGENDA ITEM SUMMARY
OCONEE COUNTY, SC

ITEM TITLE:

Procurement #: RFP 25-09 Title: Professional Engineering/Consultant On-Call Services

COUNCIL MEETING DATE: September 1, 2026

Department(s): All

Amount: TBD

FINANCIAL IMPACT:
There is no dollar amount associated with this approval at this time. All County departments with a budget for professional services may utilize this RFP, provided
expenditures do not exceed the amounts budgeted for these services. Any future professional services project in any category with a total cost exceeding $50,000 will be
brought to Council for approval on a project-by-project basis.

BACKGROUND DESCRIPTION:

Request for Proposals (RFP) 25-09, Professional Engineering / Consultant On-Call Services, was issued to solicit qualified firms to provide professional engineering and
architectural services in the following categories of work:
Category A – On-Call Planning Services
Category B – On-Call Roadway and Bridge Services
Category C – On-Call Environmental Assessment Services
Category D – On-Call Geotechnical Engineering and Construction Testing Services
Category E – On-Call General Engineering Services
Category F – On-Call Surveying Services
Category G – On-Call Architectural/Engineering Services
Category H – On-Call Mechanical, Electrical & Plumbing (MEP) Services
When a county department has a project requiring services within one of the identified categories, the department head may contact the primary firm awarded for that
category and request a proposal for the required services. This process eliminates the need for the County to issue a separate RFP each time these services are needed.
The contract also provides flexibility when the primary top-ranked firm is unable to perform the requested services due to scheduling constraints, workload, other
limitations, or because the specific project falls outside the firm’s area of specialty. In such instances, the County may offer the opportunity to the next highest-ranked firm
within the applicable category, and so on. The County may then negotiate pricing for the specific project with the selected firm.
RFP 25-09 was issued on May 8, 2026, and distributed to ninety-six (96) firms. Twenty-six (26) firms responded to the solicitation, with some firms submitting proposals
for multiple categories. An Evaluation Committee consisting of County staff reviewed and evaluated the proposals in accordance with the established evaluation criteria and
applicable procurement requirements. Proposals were reviewed and scored within each applicable category, with firms advancing through the evaluation process as
appropriate. Categories A, B, E, and G required interviews, which were conducted on August 5–6, 2026. Final award recommendations were based on the established
evaluation criteria and the results of the applicable evaluation process.
The Evaluation Committee recommends awarding the following categories to the respective firms:
Category A: Inspire Placemaking Collective, Inc., Atlanta, GA
Categories B and F: Davis & Floyd, Inc., Greenwood, SC
Categories C and D: Terracon Consultants, Inc., Greenville, SC
Category E: Thomas & Hutton Engineering Co., Greenville, SC
Category G: LS3P Associates, LTD., Greenville, SC
Category H: Devita & Associates, Inc., Greenville, SC
Each contract will have an initial term of one year, with the option for up to four additional one-year renewals, contingent upon satisfactory performance and the County’s
continued need for the services.

ATTACHMENT(S):
1.
2.

RFP Tab Sheet – showing all twenty-six (26) firms and associated categories
Summary Score Sheet

STAFF RECOMMENDATION:
Staff recommends that Council:
1.

Approve the award of RFP 25-09 for Professional Engineering / Consultant On-Call Services to the following firms for the listed categories:
Category A: Inspire Placemaking Collective, Inc., Atlanta, GA
Categories B and F: Davis & Floyd, Inc., Greenwood, SC
Categories C and D: Terracon Consultants, Inc., Greenville, SC
Category E: Thomas & Hutton Engineering Co., Greenville, SC
Category G: LS3P Associates, LTD., Greenville, SC
Category H: Devita & Associates, Inc., Greenville, SC

2. Authorize the County Administrator to execute contracts with each awarded firm and to renew the contracts for up to four (4) additional one-year terms, provided
that performance remains satisfactory and the services continue to be needed.

Submitted or Prepared By: _______________________________
Approved for Submittal to Council: ________________________________
Tronda C. Popham, Procurement Director
Stewart O. Jones, County Administrator

Council has directed that they receive their agenda packages a week prior to each Council meeting, therefore, Agenda Item Summaries must be submitted to the
Administrator for his review/approval no later than 12 days prior to each Council meeting. It is the Department Head / Elected Officials responsibility to ensure that all
approvals are obtained prior to submission to the Administrator for inclusion on an agenda.
A calendar with due dates marked may be obtained from the Clerk to Council.

SUMMARY SHEET
PROFESSIONAL ENGINEERING / CONSULTING ON-CALL SERVICES RFP 25-09
CATEGORY A - PLANNING

ROUND 1 - Proposals Submitted/Interview Selection

TOTAL
RANKING

Benchmark CMR,
Davis & Floyd, Inc.
Inc.
331.5
383.5
4
1

Inspire
Placemaking
Collective, Inc
363.5
2

LS3P
Associates,
LTD.
286
5

Ranking

CATEGORY B - ROADWAY AND BRIDGE SERVICES

ROUND 1 - Proposals Submitted/Interview Selection

TOTAL
RANKING

GFT
Davis & Floyd, Inc. Infrastructure, Inc.
365.5
386.5
1

3

Infrastructure
Consulting &
Engineering,
LLC
383.5

JMT
356.5

Summit
Engineering
Group, Inc.
235.5

2

4

5

TOTAL

Bunnell-Lammons
Engineering, Inc.
363.5

Davis & Floyd, Inc.
352

RANKING

3

5

10

ECS Southeast,
LLC
354
4

TOTAL
RANKING

4

EAS
ECS Southeast,
Professionals, Inc.
LLC
348.5
377
5

2

Infrastructure
Consulting &
Engineering,
LLC
331
7

S&ME, Inc.
371.5

6

8

9

2

TOTAL

Alliance Consulting
Engineers, Inc
357.5

Civil &
Environmental
Consultants, Inc.
348

Goldie &
Associates
336.5

JMT
350.5

RANKING

2

5

6

4

NOVA
Engineering
and
MC Squared, Environmental,
LLC
LLC
323.5
343
8

6

S&ME, Inc.
371.5

Terracon
Consultants,
Inc.
390

3

1

Seamon,
Whiteside &
REI Engineers, Associates,
Inc.
Inc.
242.5
363.5
8

1

Summit
Engineering
Group, Inc.
289

Thomas &
Hutton
Engineering Co.
353

7

3

JMT

Seamon,
Whiteside &
Associates,
Inc.

Smith
Gardner, Inc.

394.5

360

360

354

362

360

191.5

352.5

RANKING

1

3

3

6

2

3

8

7

CATEGORY G - ARCHITECTURAL/ENGINEERING SERVICES
Craig,
Gaulding &
Davis, LLC
dba CGD /

Raymond
Global, Inc.

Goldie & Associates

JMT

LS3P
Associates,
LTD.

TOTAL

245

326.5

367.5

364

360

RANKING

5

4

1

2

3

ROUND 1 - Proposals Submitted/Interview Selection
Devita &
Associates, Inc.

JMT

TOTAL

380

337.5

RANKING

1

2

Infrastructure
Consulting &
Engineering

1

2

ROUND 2 - Interviews/Selection
Terracon
Consultants,
Inc.
No Interviews

1

Ranking

ROUND 2 - Interviews/Selection
Seamon,
Alliance Consulting Whiteside & Thomas & Hutton
Engineers, Inc
Associates, Inc. Engineering Co.

Ranking

2

3

1

ROUND 2 - Interviews/Selection
Davis & Floyd,
Inc.

Ranking

1

No Interviews

ROUND 2 - Interviews/Selection

RANKING

CATEGORY H - Mechanical, Electrical & Plumbing (MEP)

No Interviews

1

Ranking

Stephen R.
Edwards and Thomas & Hutton
Assoc.
Engineering Co.

TOTAL

1

Terracon
Consultants,
Inc.

1

CATEGORY F - SURVEYING SERVICES

ROUND 1 - Proposals Submitted/Interview Selection

ROUND 1 - Proposals Submitted/Interview Selection

7

CATEGORY E - GENERAL ENGINEERING SERVICES

ROUND 1 - Proposals Submitted/Interview Selection

Infrastructure
Consulting &
EAS
Davis & Floyd, Inc. Professionals, Inc. Engineering, LLC.

JMT
332.5

2

ROUND 2 - Interviews/Selection

Terracon
Smith Gardner, Consultants,
Inc.
Inc.
334.5
373

CATEGORY D - GEOTECHNICAL ENGINEERING & CONSTRUCTION TESTING SERVICES

ROUND 1 - Proposals Submitted/Interview Selection

Bunnell-Lammons
Engineering, Inc.
357.5

Goldie &
Associates
344

Inspire
Placemaking
Collective, Inc

Davis & Floyd,
Inc.

Ranking

Consulting &
Engineering,
LLC
334

Benchmark
CMR, Inc.

ROUND 2 - Interviews/Selection

CATEGORY C - ENVIRONMENTAL ASSESSMENT SERVICES

ROUND 1 - Proposals Submitted/Interview Selection

EAS
Professionals,
Inc.
300.5

ROUND 2 - Interviews/Selection

Seamon
Whiteside &
Associates,
Inc.
347
3

LS3P
Associates,
LTD.

Craig, Gaulding &
Davis, LLC dba
CGD / PBK

1

2

ROUND 2 - Interviews/Selection
Devita &
Associates,
Inc.

RANKING

1

No Interviews

RFP 25-09

Bidders

On Call Professional Engineering Consultant Services

Firm Location

Alliance Consulting Engineers, Inc

Greenville, SC

Benchmark CMR, Inc.

Charlotte, NC

Bunnell-Lammons Engineering, Inc.

Greenville, SC

Bunnell-Lammons Engineering, Inc.

Greenville, SC

Civil & Environmental Consultants, Inc.

Greenville, SC

Davis & Floyd, Inc.

Greenwood, SC

Devita & Associates, Inc.

Greenville, SC

EAS Professionals, Inc.

Greenville, SC

ECS Southeast, LLC

Greenville, SC

ECS Southeast, LLC

Greenville, SC

GFT Infrastructure, Inc.

Greenville, SC

Goldie & Associates

Seneca, SC

Infrastructure Consulting & Engineering, LLC

Greenville, SC

Inspire Placemaking Collective, Inc

Orlando, FL / Closest
Office Atlanta, GA

JMT

Spartanburg, SC

LS3P Associates, LTD.

MC Squared, LLC

Greenville, SC
Kennesaw, GA
Supported by
Columbia, SC and
Pawleys Island, SC

NOVA Engineering and Environmental, LLC.

Greenville, SC

Craig Gaulden & Davis, LLC. Dba CDG / PBK

Greenville, SC

Raymond Global, Inc.
REI Engineers, Inc.

Greenville, SC
Charlotte, NC
Closest Office:
Seneca, SC

S&ME, Inc.

Greenville, SC

Seamon, Whiteside & Associates, Inc.

Greenville, SC

Smith Gardner, Inc.

Columbia, SC

Stephen R. Edwards and Associates, Inc.

West Union, SC

Summit Engineering Group, Inc.

Spartanburg, SC

Terracon Consultants, Inc.

Greenville, SC

Thomas & Hutton Engineering Co.

Greenville, SC

Total Responses per Category

June 16, 2026 @ 2:00pm

Category D Geotechnical
Engineering and
Category B Category C Environmental
Category A- Planning Roadway and Bridge
Construction Testing Category E - General
Services
Services
Services
Assessment Services
Engineering Services

Category F Surveying Services

Category G Architectural/
Engineering Services

Category H
MEP
Engineering
Services

X
X
X
X
X
X

X

X

X
X

X

X
X

X

X
X
X

X
X

X

X

X
X

X
X

X
X

X

X

X
X

X

X
X
X
X
X
X
X

X
X

X
X

X
X

5

5

X
X
X

10

X

8

X

X

8

8

5

2

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

PROCLAMATION 2026-09

A PROCLAMATION RECOGNIZING THE 88TH ANNIVERSARY OF
AMERICA’S FIRST FARM CONSERVATION PLAN ESTABLISHED IN
OCONEE COUNTY ON PLOMA M. ADAMS’S FARMLAND
WHEREAS, the soil and water resources of Oconee County are the foundation for the
health and well-being of our residents; and
WHEREAS, the wise use of soil and water in Oconee County is essential to a sound
environment, a strong economy, and the vibrancy of agriculture, forestry, and natural resources;
and
WHEREAS, each county in South Carolina is organized as a Soil and Water Conservation
District and managed by a board of commissioners; and
WHEREAS, these districts are dedicated to preserving Oconee County’s natural resources
by promoting the sustainable use of soil and water for the entire community; and
WHEREAS, Oconee Soil and Water Conservation District is the first Conservation
District in the United States of America to establish a farm conservation plan on February 4, 1938;
and
WHEREAS, Ploma M. Adams, an Oconee County native, held 330 acres of this farmland
just west of the City of Seneca; and
WHEREAS, Ploma M. Adams implemented conservation practices such as cover crops,
crop rotation, and combating soil erosion through terracing to protect soil health.
NOW, THEREFORE, we, the Oconee County Council, do hereby recognize the 88th
anniversary of America’s first farm conservation plan established in Oconee County on Ploma M.
Adams’s farmland.
APPROVED AND ADOPTED this 1st day of September 2026.

Attest:

OCONEE COUNTY, SOUTH CAROLINA

____________________________
Jennifer C. Adams
Clerk to County Council
Oconee County

_____________________________
Matthew Durham, Chairman
Oconee County Council

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

PROCLAMATION 2026-10

A PROCLAMATION RECOGNIZING UNITED STATES
CONSTITUTION WEEK
WHEREAS, the Constitution of the United States of America, the guardian of our
liberties, embodies the principles of limited government and has served as a guiding document for
our nation through times of great challenge and change, protecting the rights and freedoms of
generations of Americans; and
WHEREAS, September 17, 2026, marks the 239th anniversary of the signing of the final
draft of the Constitution by the delegates to the Constitutional Convention; and
WHEREAS, it is important for citizens of all ages to understand and appreciate the
principles and ideals embodied in the Constitution and the responsibilities of citizenship necessary
to preserve our constitutional form of government; and
WHEREAS, Constitution Week provides an opportunity for citizens to reflect upon the
significance of the Constitution, recognize the sacrifices made to protect our freedoms and reaffirm
our commitment to the principles upon which the United States was founded.
NOW, THEREFORE, we, the Oconee County Council, do hereby recognize the week of
September 17–23, 2026 as CONSTITUTION WEEK and urge all citizens to study the
Constitution and reflect on the privilege of being an American with all the rights and
responsibilities which that privilege involves.
APPROVED AND ADOPTED this 1st day of September 2026.

Attest:

OCONEE COUNTY, SOUTH CAROLINA

____________________________
Jennifer C. Adams
Clerk to County Council
Oconee County

_____________________________
Matthew Durham, Chairman
Oconee County Council

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

ORDINANCE 2026-26

AN ORDINANCE TO AMEND CHAPTER 2 OF THE OCONEE COUNTY CODE OF
ORDINANCES BY ADDING AN ARTICLE ENTITLED “PROTECTION FROM MASS
SURVEILLANCE”; TO PROHIBIT THE USE OF COUNTY FUNDS, PROPERTY,
PERSONNEL, EQUIPMENT, CONTRACTS, INFORMATION-TECHNOLOGY SYSTEMS,
AND OTHER COUNTY RESOURCES FOR PROHIBITED MASS SURVEILLANCE
SYSTEMS; TO PROHIBIT THE PLACEMENT OR OPERATION OF SUCH SYSTEMS ON
COUNTY PROPERTY AND WITHIN COUNTY-CONTROLLED ROAD RIGHTS-OFWAY; TO ESTABLISH ELIGIBILITY REQUIREMENTS FOR DISCRETIONARY
COUNTY APPROPRIATIONS, RECREATION FUNDS, ACCOMMODATIONS-TAX
AWARDS, GRANTS, SPONSORSHIPS, AND OTHER COUNTY-CONTROLLED
DISTRIBUTIONS; TO INCLUDE MUNICIPALLY SPONSORED EVENTS AND
MATERIAL IN-KIND MUNICIPAL SUPPORT WITHIN SUCH ELIGIBILITY
REQUIREMENTS; TO PREVENT CIRCUMVENTION THROUGH AFFILIATED OR
SEPARATELY INCORPORATED ENTITIES; TO AMEND CHAPTER 30, ARTICLE III,
BY ADDING PERMANENT ACCOMMODATIONS-TAX ELIGIBILITY, DISCLOSURE,
AND ENFORCEMENT PROVISIONS; TO AMEND CHAPTER 26 BY PROHIBITING
MASS SURVEILLANCE ENCROACHMENTS WITHIN COUNTY-CONTROLLED
RIGHTS-OF-WAY; AND OTHER MATTERS RELATED THERETO.
WHEREAS, Oconee County, South Carolina, the “County,” is a body politic and corporate
and a political subdivision of the State of South Carolina, acting by and through the Oconee County
Council, the “County Council”; and
WHEREAS, S.C. Code § 4-9-25 authorizes counties to enact regulations, resolutions, and
ordinances, not inconsistent with the Constitution and general law of South Carolina, respecting
subjects that counties determine to be necessary and proper for their security, general welfare,
convenience, health, peace, order, and good government, and directs that County powers be liberally
construed in favor of counties; and
WHEREAS, S.C. Code § 4-9-30 authorizes County Council, among other powers, to acquire
and control real and personal property, make and execute contracts, make appropriations for County
functions and operations, provide for accounting and disbursement of funds, regulate County roads
and public works, and enact and enforce ordinances implementing those powers; and
WHEREAS, County Council recognizes a fundamental distinction between the observation of
a particular person, vehicle, device, activity, or event at a specific place and time and the systematic
collection, aggregation, identification, retention, analysis, and sharing of large numbers of
observations in a manner capable of reconstructing the movements, activities, behaviors,
relationships, and associations of persons who are not suspected of criminal activity; and
WHEREAS, Modern surveillance systems may automatically identify, distinguish, classify,
follow, track, or associate persons, vehicles, electronic devices, activities, movements, and locations
through automated license plate recognition, vehicle-feature recognition, facial recognition,
biometric identification, artificial intelligence, machine learning, computer vision, wireless-device

2026-26

Page 1

identification, geolocation analysis, persistent aerial surveillance, and other existing or future
technologies; and
WHEREAS, County Council does not intend to prohibit automated license plate recognition
merely because a system reads alphanumeric plate characters or performs a basic exact-match
comparison against a specifically identified, lawfully maintained hot list, but does intend to prohibit
systems that add historical tracking, external network sharing, warrantless external access, artificial
intelligence, biometric recognition, persistent monitoring, or other capabilities that constitute mass
surveillance; and
WHEREAS, County Council recognizes that a system whose retained information is
inaccessible unless prior individualized judicial authorization is technically verified, and that neither
contributes information to nor is searchable through an external surveillance database or network,
does not present the same mass-surveillance risks as an open, shared, or warrantless system; and
WHEREAS, County Council finds that the indiscriminate collection of identifying or
reasonably linkable information concerning persons who are not suspected of criminal activity, when
combined with artificial intelligence, machine learning, algorithmic analysis, interstate information
sharing, external databases, or access by agencies outside the collecting jurisdiction without prior
individualized judicial authorization, creates substantial risks to personal privacy, freedom of
movement, freedom of association, freedom of religion, political participation, property rights, and
other liberties protected by the United States Constitution, the South Carolina Constitution, and the
traditions of a free society; and
WHEREAS, County Council finds that a person’s movements and activities may reveal visits
to a home, church, medical provider, attorney, political meeting, campaign event, civic organization,
place of employment, school, charitable organization, or other location from which sensitive personal
activities, beliefs, and associations may be inferred; and
WHEREAS, County Council finds that the governmental collection of information from a
place open to public view does not eliminate the heightened privacy and liberty concerns created
when large numbers of individual observations are aggregated into a comprehensive, searchable,
analyzable, and shareable history of a person’s movements, activities, behaviors, and associations;
and
WHEREAS, County Council finds that artificial intelligence and algorithmic analysis can
transform ordinary images, sounds, observations, or electronic signals into detailed profiles,
behavioral patterns, associations, predictions, classifications, alerts, and investigative leads
concerning persons who are not suspected of criminal activity; and
WHEREAS, County Council finds that requiring individualized judicial authorization before
accessing a detailed history of a person’s movements, activities, or associations provides an
important safeguard against indiscriminate, improper, politically motivated, or otherwise abusive
surveillance; and
WHEREAS, County Council does not intend through this Ordinance to direct the conduct of
any specific criminal investigation, interfere with a lawful emergency response, regulate ordinary
cameras located entirely on private property outside County property or County-controlled rights-ofway, alter any duty expressly assigned to an elected official by the general law of South Carolina, or
regulate the operational decision of a constitutional officer or municipal law-enforcement officer to
request, receive, or use lawfully available information from a system that the officer’s jurisdiction

2026-26

Page 2

does not own, fund, contract for, operate, host, maintain, or supply with locally collected surveillance
information; and
WHEREAS, County Council does intend to exercise its lawful authority over County
appropriations, County property, County contracts, County equipment, County personnel resources,
County information-technology systems, County-administered grants, County-controlled road rightsof-way, and other County-controlled resources; and
WHEREAS, County Council finds that County taxpayers should not be required to purchase,
fund, operate, maintain, host, power, connect, or otherwise support a mass surveillance system that
systematically records, identifies, analyzes, or shares information concerning County residents and
visitors who are not suspected of criminal activity; and
WHEREAS, County Council further finds that a municipality or other governmental entity has
no entitlement to receive a discretionary County appropriation, grant, sponsorship, recreation
allocation, capital contribution, or other discretionary distribution of County-controlled funds; and
WHEREAS, County Council finds that it is contrary to County policy and inconsistent with the
County’s stewardship of limited public resources to provide discretionary financial assistance to a
governmental entity that chooses to participate in a prohibited mass surveillance system; and
WHEREAS, County accommodations-tax revenues are intended to promote tourism, attract
visitors, support tourism-related facilities and events, and enhance the experience of persons visiting
Oconee County, subject to the requirements of S.C. Code §§ 6-4-10, 6-4-25, 6-1-520, and 6-1-530;
and
WHEREAS, County Council finds that it is inconsistent with those purposes to use Countyadministered discretionary tourism funds to subsidize a municipality that systematically identifies,
records, catalogs, analyzes, tracks, or shares information concerning the residents and visitors whom
those funds are intended to serve or attract; and
WHEREAS, County Council recognizes that municipalities frequently sponsor festivals and
events through nonprofit corporations, festival boards, committees, chambers of commerce, civic
organizations, fiscal agents, or other separately organized entities; and
WHEREAS, County Council finds that municipal sponsorship may consist of appropriated
money or material in-kind assistance, including law-enforcement details, traffic control, road
closures, barricades, municipal park or street space, public works labor, sanitation, equipment,
insurance, administrative assistance, promotion, utility service, fee waivers, or other governmental
support having material value; and
WHEREAS, County Council finds that the substance and economic reality of a municipality’s
relationship with an event should control over the legal name, tax status, or nominal independence of
the event organizer and that the eligibility requirements established by this Ordinance should not be
circumvented by routing an application or payment through a separate committee, nonprofit
corporation, contractor, chamber of commerce, fiscal agent, or affiliated organization; and
WHEREAS, Chapter 26 of the Oconee County Code of Ordinances and the County’s adopted
encroachment policies regulate activities and installations within County-maintained roads,
easements, and rights-of-way; and
WHEREAS, County Council finds that County-owned property and County-controlled road
rights-of-way should not be used as platforms for prohibited mass surveillance systems, regardless of
whether a camera, sensor, scanner, device, supporting pole, communications equipment, software
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platform, or associated infrastructure is owned by a governmental entity, private vendor, utility
company, contractor, or other person; and
WHEREAS, County Council has determined that the following provisions are necessary and
proper for the protection of the general welfare, preservation of liberty, responsible administration of
County resources, and good government of Oconee County.
NOW, THEREFORE, BE IT ORDAINED by the Oconee County Council, in meeting duly
assembled, that:

SECTION 1. CREATION OF CHAPTER 2 ARTICLE
Chapter 2 of the Oconee County Code of Ordinances is amended by adding a new Article VII,
entitled “Protection from Mass Surveillance,” consisting of Sections 2-500 through 2-516, to read as
follows.

ARTICLE VII. PROTECTION FROM MASS SURVEILLANCE
Sec. 2-500. Title.
This article shall be known and may be cited as the “Oconee County Protection from Mass
Surveillance Ordinance.”
Sec. 2-501. Purpose and construction.
(a) The purposes of this article are to:
1. Prevent County-controlled funds and resources from being used to acquire, own, fund, operate,
maintain, host, or otherwise support prohibited mass surveillance systems;
2. Prevent County-owned or County-controlled property and road rights-of-way from being used
for the installation, hosting, support, or operation of prohibited mass surveillance systems;
3. Establish uniform eligibility requirements for discretionary County appropriations, grants,
accommodations-tax awards, recreation funds, sponsorships, and other County-controlled
distributions;
4. Prevent circumvention of those eligibility requirements through separate corporations, nonprofit
organizations, festival committees, affiliated entities, fiscal agents, contractors, or other
intermediaries;
5. Protect the privacy, liberty, freedom of movement, freedom of religion, freedom of association,
political participation, property rights, and other rights of Oconee County residents and visitors;
and
6. Ensure that County-controlled funds and resources are administered consistently with the
policies adopted by County Council.
(b) This article shall be construed broadly to accomplish its remedial and protective purposes, but not
in a manner inconsistent with the Constitution or general law of South Carolina.
(c) The capability, configuration, operation, integration, and practical effect of a system shall control
over its brand name, marketing description, nominal purpose, ownership, or characterization by its
vendor or operator.
(d) A system composed of several separately owned or operated components shall be evaluated
according to the collective capabilities and practical effect of the integrated system.
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(e) As applied to an independently elected County officer whose office is created by the Constitution
or general law of South Carolina, this article governs only: (1) the appropriation or expenditure of
County-controlled funds; (2) contracts or procurements entered into by or on behalf of the County
using County-controlled funds; and (3) the installation, ownership, operation, hosting, or
maintenance of a prohibited mass surveillance system on County property or within a Countycontrolled right-of-way over which County Council possesses lawful proprietary or regulatory
authority.
(f) Nothing in this article regulates or prohibits the operational decision of such a constitutional
officer or the officer’s employees to search, query, request, receive, analyze, or use lawfully available
information from a system owned and operated by another entity. Ordinary use of County-provided
office space, personnel, computers, networks, utilities, or communications in the lawful performance
of the officer’s duties does not, standing alone, constitute County acquisition, ownership, operation,
hosting, maintenance, or support of a prohibited mass surveillance system.
Sec. 2-502. Definitions.
For purposes of this article, the following definitions apply:
Artificial intelligence or algorithmic analysis
“Artificial intelligence or algorithmic analysis” means artificial intelligence, machine learning,
neural-network processing, computer vision, predictive analytics, pattern recognition, automated
classification, automated decision-making, or another computational process used to identify,
distinguish, verify, classify, compare, rank, associate, follow, track, predict, infer, profile, or generate
an alert concerning a person, vehicle, electronic device, object, location, route, activity, behavior,
characteristic, or association.
The term does not include basic motion detection, image stabilization, cybersecurity filtering,
nonidentifying traffic counting, optical character recognition used solely to read alphanumeric
license plate characters, or a basic one-to-one exact-match comparison of those characters against a
specifically identified, lawfully maintained hot list, unless used as part of a prohibited mass
surveillance system.
Automated biometric recognition
“Automated biometric recognition” means the automated or algorithmic identification, attempted
identification, verification, categorization, reidentification, or tracking of a person based upon a
biological, physiological, physical, or behavioral characteristic.
The term includes recognition or analysis based upon:
1. Face or facial geometry;
2. Iris or retina;
3. Voice or voiceprint;
4. Gait or manner of movement;
5. Fingerprint;
6. Hand, palm, or vein geometry;
7. Body shape or body geometry;
8. Ear shape;
9. Tattoos, scars, birthmarks, or other distinguishing physical features;
10. Clothing or combinations of physical appearance;
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11. Behavioral characteristics; or
12. A mathematical, digital, or algorithmic template derived from any such characteristic.
The term does not include automated face or license plate detection used solely to blur, mask, or
redact identities in a recording or image before disclosure or release, provided the technology is not
used to identify, reidentify, classify, or track a person.
County
“County” means Oconee County, South Carolina, including its departments, agencies, boards,
commissions, offices, facilities, employees, officials, and other organizational units, only to the
extent County Council possesses lawful appropriations, property, contracting, administrative, or
policy authority over them. With respect to an independently elected constitutional officer, the term
does not extend County Council’s authority to the officer’s operational law-enforcement or other
statutory decisions.
County-controlled funds
“County-controlled funds” means any money, revenue, account, appropriation, allocation, grant,
reimbursement, fee, tax revenue, bond proceeds, special-revenue funds, capital funds, Countyadministered state or federal funds, accommodations-tax revenue, recreation funds, council-district
funds, or other financial resources over which County Council possesses legal appropriation,
allocation, contracting, grant-making, or expenditure authority.
The term includes County money transferred to or administered by another governmental entity,
elected office, nonprofit organization, contractor, fiscal agent, committee, or other recipient.
The term does not include money that the County is expressly and unconditionally required by state
or federal law, final court order, binding bond covenant, or preexisting enforceable contract to
distribute to a specifically identified recipient.
Whether forfeiture proceeds, restricted grants, donations, or other funds received or administered by
an independently elected constitutional officer constitute County-controlled funds shall be
determined under controlling law and the terms governing the particular funds. Such funds are not
deemed County-controlled solely because they are received or held by the officer’s office.
County-controlled right-of-way
“County-controlled right-of-way” means a County-owned, County-maintained, or County-controlled
road, street, bridge, shoulder, median, sidewalk, drainage area, easement, right-of-way, or other
transportation corridor, including the space above or below it, within which the County possesses
legal authority to regulate encroachments or uses.
The term does not include an SCDOT-maintained right-of-way or a municipal right-of-way unless
the County possesses a separate ownership interest, easement, maintenance responsibility, or other
legal authority over the particular location.
County property
“County property” means real or personal property owned, leased, occupied, managed, maintained,
or legally controlled by the County, including:
1. Administrative and governmental buildings;
2. Courthouse property;
3. Law-enforcement and detention facilities;
4. Fire, rescue, and emergency medical facilities;

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5. Libraries;
6. Parks and recreation facilities;
7. Solid-waste facilities;
8. Public works and road facilities;
9. County airport property;
10. County quarry property;
11. Communications towers and sites;
12. Parking lots;
13. County vehicles, trailers, drones, poles, signs, bridges, fixtures, utility structures, traffic-control
devices, computer systems, software, accounts, databases, and communications equipment; and
14. Property controlled by a County board, commission, department, agency, district, or authority
to the extent County Council possesses lawful control over the use of such property.
Discretionary County distribution
“Discretionary County distribution” means any appropriation, allocation, grant, award, sponsorship,
contribution, reimbursement, capital assistance, recreation allocation, council-district allocation, inkind assistance, preferential use of County property, or other transfer of County-controlled funds or
resources for which the recipient has no absolute statutory or contractual right to receive a
specifically determined amount.
External agency
“External agency” means a law-enforcement agency, governmental entity, fusion center, task force,
private contractor, vendor, commercial entity, nonprofit organization, or other person or organization
outside the agency or jurisdiction that originally collected the surveillance information.
External surveillance database or network
“External surveillance database or network” means a multijurisdictional, regional, statewide,
interstate, national, international, vendor-controlled, third-party, federated, reciprocal-access, cloudbased, shared, or otherwise interconnected system through which surveillance information may be
uploaded, stored, indexed, searched, transmitted, analyzed, compared, retrieved, requested, or made
accessible outside the jurisdiction that originally collected it.
The term applies regardless of whether the information is physically combined in one database or
remains in separate databases that are accessible through a shared portal, federated search, reciprocal
agreement, request process, vendor-assisted search, or other coordinated process.
Individualized judicial authorization
“Individualized judicial authorization” means a warrant, court order, or other prior authorization
issued by a neutral judicial officer and particularized to a specifically identified person, vehicle,
electronic device, place, offense, or criminal investigation.
The following do not constitute individualized judicial authorization:
1. A user entering an internal reason code;
2. Supervisory approval within the requesting agency;
3. A documented law-enforcement purpose;
4. A vendor’s terms of service;
5. An agency policy permitting access;
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6. A generalized memorandum of understanding;
7. Participation in a shared database or reciprocal-access network;
8. A case number entered by the user; or
9. An audit conducted after access or use has occurred.
In-kind municipal support
“In-kind municipal support” means material assistance, services, property, labor, equipment,
insurance, promotion, fee relief, utilities, or other support provided by or through a municipality
without the event organizer paying the full actual cost of the assistance, or provided on preferential
terms not generally available to similarly situated private applicants.
In-kind municipal support includes, but is not limited to:
1. Dedicated police details, security, traffic control, or law-enforcement personnel;
2. Dedicated fire protection, emergency medical services, rescue, or emergency-management
support;
3. Road or street closures;
4. Barricades, cones, signs, detours, or traffic-control equipment;
5. Sanitation, waste collection, portable restroom service, or cleanup;
6. Public works personnel, vehicles, equipment, setup, teardown, or logistical assistance;
7. Free, donated, discounted, or preferential use of municipal parks, streets, sidewalks, buildings,
parking lots, stages, facilities, or other property;
8. Municipal insurance, indemnification, purchasing, contracting, or fiscal-agent services;
9. Administrative personnel or planning assistance;
10. Electricity, water, communications service, or other utilities;
11. Printing, signs, advertising, website placement, social-media promotion, or other promotional
assistance;
12. Waiver, reduction, reimbursement, or absorption of permit fees, rental charges, personnel
expenses, utility charges, or other costs;
13. Appointment of members to an organizing board, committee, or governing body; or
14. Any other assistance having material financial, operational, organizational, or promotional
value.
Mass surveillance
“Mass surveillance” means the systematic or routine observation, acquisition, collection, recording,
identification, retention, indexing, aggregation, analysis, tracking, or sharing of information
concerning persons, vehicles, electronic devices, activities, movements, locations, behaviors, or
associations when:
1. The activity is not limited to a specifically identified target selected on the basis of individualized
reasonable suspicion, probable cause, or individualized judicial authorization; and
2. The activity collects, processes, retains, or makes searchable information concerning persons
who are not suspected of criminal activity.
Mass surveillance includes systematic collection from persons, vehicles, or electronic devices
generally passing through, present within, or observable from a geographic area.

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Mass surveillance may occur even when:
1. Each individual observation occurs in a public or publicly accessible place;
2. The information is initially retained for a limited period;
3. The information is collected, processed, or stored by a private contractor;
4. The collecting agency states that the information may be used only for law-enforcement or
public-safety purposes;
5. Access is subject to an internal policy, internal approval, case-number requirement, or later audit;
6. Data is stored in separate databases rather than one centralized database; or
7. The system is described as a crime-prevention, public-safety, investigative, traffic-management,
intelligence, or community-safety tool.
Material municipal support
“Material municipal support” means financial, operational, promotional, administrative,
organizational, or in-kind municipal assistance that contributes to the planning, organization,
funding, promotion, location, operation, security, traffic control, setup, cleanup, or other meaningful
function of an event.
The forms of assistance specifically listed in the definition of “in-kind municipal support” are
deemed material when provided for the planned operation of an event.
Municipally sponsored event
“Municipally sponsored event” means an event, festival, program, activity, performance, celebration,
competition, parade, fair, concert, market, exhibition, promotion, or other gathering that is:
1. Organized, administered, controlled, funded, co-sponsored, materially supported, or officially
promoted by a municipality;
2. Conducted by a nonprofit corporation, festival committee, chamber of commerce, civic
organization, contractor, fiscal agent, affiliated organization, or other entity acting in
partnership with or receiving material municipal support from a municipality;
3. Presented or marketed as an official municipal event;
4. Governed in whole or in part by persons appointed by a municipal governing body or municipal
official; or
5. Conducted with material financial or in-kind municipal support.
The substance and economic reality of the relationship shall control over the event organizer’s
corporate form, tax status, legal name, or nominal independence.
The issuance of an ordinary permit, performance of a routine governmental inspection, or provision
of an unplanned emergency response available to the general public does not, standing alone,
constitute municipal sponsorship.
Planned dedicated personnel, donated or discounted services, preferential use of municipal property,
road closures, barricades, public works support, or other event-specific operational assistance
constitute municipal sponsorship.
Participating governmental entity
“Participating governmental entity” means a municipality or other governmental entity that directly
or indirectly:

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1. Owns, leases, purchases, subscribes to, operates, administers, funds, or contracts for a prohibited
mass surveillance system;
2. Installs, hosts, operates, maintains, or permits such a system on property or a right-of-way under
its control;
3. Provides electricity, communications, infrastructure, maintenance, equipment, or other material
operational support for such a system;
4. Contributes surveillance information collected by or on behalf of the entity to an external
surveillance database or network; or
5. Knowingly permits a contractor, vendor, task force, other governmental entity, or affiliated
organization to own, operate, administer, host, maintain, or contribute locally collected
surveillance information to such a system on the entity’s behalf.
A governmental entity does not become a participating governmental entity solely because one of its
law-enforcement officers or employees searches, queries, requests, receives, analyzes, or uses
information collected by a system owned and operated by another entity, provided the governmental
entity does not otherwise engage in conduct described in items 1 through 5 of this definition.
Period of participation
“Period of participation” means the period beginning when an entity first engages in conduct
described in the definition of “participating governmental entity” and ending upon written restoration
of eligibility under Section 2-512.
Personally identifying or reasonably linkable information
“Personally identifying or reasonably linkable information” means information that directly identifies
a person or may reasonably be used, alone or together with other information, to distinguish, locate,
identify, reidentify, follow, track, profile, or associate a person, household, vehicle, or electronic
device.
The term includes:
1. Facial or biometric information;
2. Images or recordings of identifiable persons;
3. License plate information;
4. Vehicle characteristics or vehicle signatures;
5. Geographic location;
6. Dates and times of presence or travel;
7. Cellular, wireless, Bluetooth, network, advertising, or other electronic device identifiers;
8. Voice, audio, or acoustic signatures;
9. Travel routes or location histories;
10. Associations between persons, vehicles, devices, organizations, or locations; and
11. Profiles, classifications, predictions, or inferences derived from such information.
Prohibited mass surveillance system
“Prohibited mass surveillance system” means any fixed, mobile, portable, temporary, vehiclemounted, body-mounted, pole-mounted, airborne, or otherwise deployed camera, microphone,
sensor, scanner, drone, aircraft, communications device, software platform, database, network,
service, artificial-intelligence system, or combination thereof that:

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First, systematically or routinely captures, collects, receives, derives, processes, identifies, indexes,
stores, searches, analyzes, transmits, or shares personally identifying or reasonably linkable
information concerning persons, vehicles, electronic devices, activities, movements, locations,
behaviors, characteristics, or associations in public or publicly accessible places; and
Automated license plate recognition consisting solely of optical character recognition of
alphanumeric plate characters, together with a basic one-to-one exact-match comparison against a
specifically identified, lawfully maintained hot list, does not, standing alone, constitute a prohibited
capability. A system using those functions is prohibited only if it otherwise satisfies this definition
and also possesses, performs, enables, contributes to, or participates in at least one capability listed
below.
Second, possesses, performs, enables, contributes to, or participates in one or more of the following
capabilities:
1. Automated biometric recognition, including facial recognition, when used in or directed toward a
public or publicly accessible place;
2. Identification, location, or tracking of electronic devices through cellular, wireless, Bluetooth,
radio-frequency, advertising, network, or other electronic identifiers or signals;
3. Automated identification, reidentification, or tracking of a person, vehicle, object, or electronic
device across multiple observations, cameras, sensors, locations, or times;
4. Creation of a searchable historical record of a person’s, vehicle’s, or device’s locations,
movements, routes, activities, behaviors, or associations;
5. Upload, transmission, contribution, or availability of surveillance information to an external
surveillance database or network;
6. Searchability by, or access for, an external agency without prior individualized judicial
authorization;
7. Artificial intelligence or algorithmic analysis used to identify patterns, behaviors, characteristics,
associations, travel histories, routes, common locations, groups, relationships, risks, anomalies,
predictions, classifications, investigative leads, or other inferences;
8. Automated generation of alerts, flags, rankings, classifications, watch-list matches, or risk
assessments based upon behavior, association, route, location pattern, biometric characteristic,
vehicle feature other than exact alphanumeric plate characters, or an algorithmically generated
criterion; provided that a basic one-to-one exact-match comparison of plate characters against a
specifically identified, lawfully maintained hot list does not, standing alone, satisfy this item;
9. Combination of surveillance information with commercial data, communications information,
mobile-device information, social-media information, property records, public records,
biometric information, or another database for identification, tracking, profiling, classification,
or inference;
10. Persistent aerial, drone-based, camera-based, sensor-based, audio-based, or electronic
monitoring of public or publicly accessible places;
11. Identification or tracking based upon facial appearance, gait, voice, clothing, body shape,
tattoos, distinguishing features, vehicle appearance, device signals, or another physical,
behavioral, or electronic characteristic; or
12. A capability substantially equivalent to one or more of items 1 through 11 that permits the
system to perform “mass surveillance” as defined in this article.

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A system may constitute a prohibited mass surveillance system regardless of:
1. Its brand name or vendor;
2. Whether its equipment, software, or database is publicly or privately owned;
3. Whether information is physically stored inside or outside South Carolina;
4. Whether separate databases are searched through a common portal rather than physically
combined;
5. Whether information is retained for a limited number of hours or days;
6. Whether agency policy requires a user to enter a reason, case number, or documented purpose;
7. Whether access is labeled direct, indirect, reciprocal, shared, federated, assisted, or requestbased;
8. Whether the system is provided without charge, through a trial program, by donation, through a
grant, or through another entity;
9. Whether the vendor or operator describes the technology as artificial intelligence; or
10. Whether a system performs prohibited processing remotely after ordinary cameras,
microphones, or sensors collect the original information.
Surveillance information
“Surveillance information” means any image, video, audio, signal, record, identifier, metadata, time,
date, location, search history, query, alert, analytical output, profile, classification, association,
prediction, or inference captured, collected, received, produced, or derived by a surveillance system.
Sec. 2-503. Limited exclusions.
(a) A prohibited mass surveillance system does not include:
1. A camera or system used solely to control entry into a secured building, gated facility, restricted
parking area, utility site, detention facility, computer system, or other restricted property,
provided that:
a. Its use is limited to verifying the identity or authority of persons seeking access;
b. It is not primarily directed toward persons or traffic in a public or publicly accessible area;
c. Its information is not used to track a person outside the secured location; and
d. Its information is not contributed to or searchable through an external surveillance database
or network;
2. An ordinary premises-security camera that is not configured or used to conduct automated
biometric recognition, automated reidentification, cross-camera tracking, historical movement
analysis, or external database sharing;
3. A camera or sensor used solely for real-time traffic-flow management, nonidentifying traffic
counting, road-condition monitoring, weather observation, traffic-signal operation,
infrastructure monitoring, or emergency detection, provided that it does not create personspecific, vehicle-specific, or device-specific records, permit retrospective identification or
tracking, or transmit identifying information to another database;
4. Periodic aerial or satellite imagery acquired for mapping, tax assessment, planning, engineering,
environmental monitoring, infrastructure management, or damage assessment, provided the
imagery is not used to identify or track particular persons, vehicles, or electronic devices and is
not incorporated into a prohibited mass surveillance system;

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5. A body-worn camera, manually operated camera, or vehicle dashboard camera used to record an
officer’s direct interaction, traffic stop, emergency response, or specifically identified incident,
provided its recordings are not routinely subjected to automated biometric recognition, mass
identification, cross-camera tracking, or incorporation into an external mass surveillance
network;
6. A manually operated camera, sensor, or investigative device used during a particularized
investigation pursuant to the judicial authorization required by law;
7. A temporary system narrowly deployed to locate a specifically identified abducted, missing,
endangered, or fleeing person during an objectively reasonable emergency, provided that:
a. Deployment is limited in geographic scope and duration;
b. Access and use are limited to the emergency;
c. Information concerning uninvolved persons is not retained or used for an unrelated purpose;
and
d. Information is not contributed to a general-purpose external surveillance database or
network;
8. Incident-specific aerial or drone operations conducted for search and rescue, disaster response,
fire suppression, accident reconstruction, scene documentation, fugitive apprehension, or
response to a specific reported incident, provided the operation is limited in geographic scope
and duration, is not a routine or persistent aerial patrol of the general public, and its information
is not contributed to a general-purpose external surveillance database or network;
9. A parking, payment, toll, or access-control system that collects only the information reasonably
necessary to complete a transaction or control entry and does not contribute information to a
law-enforcement or mass surveillance database;
10. A cybersecurity system used to protect County computer networks, information systems, or
accounts, provided it is not used to monitor the physical movements or activities of persons in
public places;
11. A system used solely for emergency dispatch, emergency communications, or response to a
specific reported incident, provided it is not used for continuous mass identification or tracking;
12. A system whose use is expressly required by controlling state or federal law, but only to the
minimum extent expressly required; or
13. A system otherwise described in the definition of “prohibited mass surveillance system,” if:
a. Every search, query, retrieval, or analytical use of retained information is technically
conditioned upon prior individualized judicial authorization;
b. The technical controls prevent such access unless information identifying the judicial
authorization is entered or verified and create an auditable record of the access;
c. The system does not contribute information to, and is not searchable through, an external
surveillance database or network; and
d. The system does not perform real-time identification, tracking, alerting, or analytical use
before the required individualized judicial authorization.
For purposes of item 13, an agency policy, user attestation, supervisor approval, case-number
requirement, or after-the-fact audit, standing alone, is not a technical condition upon access.
(b) A system otherwise falling within an exclusion loses the exclusion if its information is routinely
uploaded to, made accessible through, searched through, analyzed by, combined with, or used as an
input for a prohibited mass surveillance system.
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(c) In any eligibility determination under this article or application for a County permit, license,
lease, easement, encroachment authorization, use agreement, or other County approval, the person or
entity claiming an exclusion bears the burden of demonstrating that the system qualifies for an
exclusion under this section. This subsection does not alter any burden of proof applicable in an
enforcement action, judicial proceeding, or constitutional challenge.
Sec. 2-504. Prohibition on County expenditures and resources.
(a) No County-controlled funds may be appropriated, transferred, allocated, expended, encumbered,
obligated, reimbursed, or otherwise made available, directly or indirectly, for a prohibited mass
surveillance system.
(b) The prohibition includes, but is not limited to:
1. Purchase, lease, rental, financing, or acquisition;
2. Subscription, license, software, database-access, network-access, or service fees;
3. Installation, construction, testing, maintenance, repair, replacement, removal, or renewal;
4. Electricity, communications, internet service, networking, cloud services, data storage,
computing, or technical support;
5. Cameras, microphones, sensors, scanners, drones, poles, cabinets, foundations, signs,
batteries, solar panels, wiring, communications equipment, servers, or related infrastructure;
6. Training, travel, consulting, legal, administrative, or personnel expenses;
7. Real-time alerts, retrospective searches, biometric searches, watch-list participation, hot-list
participation, shared-network access, vendor-assisted searches, or analytical services;
8. Reimbursement to another governmental entity, vendor, contractor, nonprofit organization, or
private person;
9. A matching contribution associated with a state, federal, private, or nonprofit grant;
10. Renewal or extension of a contract, subscription, trial, memorandum of understanding,
information-sharing agreement, or other arrangement;
11. Any expenditure having the purpose or practical effect of supporting or facilitating a
prohibited system.
(c) Except as provided in Section 2-501(e) and (f), no County property, County equipment, County
vehicle, County drone, County communications system, County information-technology network,
County software, County database, County account, County credential, County purchasing card,
County employee time, or other County resource may be used to install, own, operate, host, maintain,
connect, promote, or otherwise support a prohibited mass surveillance system.
(d) No County department, office, board, commission, agency, employee, official, contractor, or
person acting on behalf of the County may:
1. Enter into or renew a contract, memorandum of understanding, data-contribution agreement,
reciprocal hosting agreement, trial agreement, or other arrangement to acquire, own, fund,
operate, administer, host, maintain, or supply locally collected surveillance information to a
prohibited system;
2. Accept a donation, free trial, private grant, loaned equipment, software service, or other thing of
value for the acquisition, installation, operation, hosting, maintenance, or support of a
prohibited system using County property or resources;

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3. Contribute County-collected surveillance information to a prohibited system or external
surveillance database or network; or
4. Do indirectly through another person or entity what this article prohibits the County from doing
directly.
(e) Each annual budget ordinance, supplemental appropriation, procurement, grant agreement,
intergovernmental agreement, and departmental expenditure is subject to this section.
Sec. 2-505. Prohibition on County property.
(a) No prohibited mass surveillance system may be installed, placed, attached, owned, operated,
maintained, hosted, powered, connected, or allowed to remain on, within, above, beneath, or attached
to County property.
(b) The prohibition applies regardless of whether the system or supporting equipment is owned by:
1. The County;
2. A County elected office;
3. A municipality;
4. Another county;
5. A state or federal agency;
6. A private vendor;
7. A utility company;
8. A contractor;
9. A nonprofit organization; or
10. Any other person or entity.
(c) No County officer, employee, department, board, commission, agency, contractor, or other person
acting on behalf of the County may issue, approve, execute, or recommend a lease, license, easement,
right-of-entry agreement, attachment agreement, utility authorization, use agreement, memorandum
of understanding, or other permission authorizing a prohibited system on County property.
(d) The prohibition includes equipment that collects surveillance information for processing,
identification, analysis, storage, or sharing through software or infrastructure located elsewhere.
Sec. 2-506. County road rights-of-way and encroachments.
(a) No prohibited mass surveillance system may be installed, placed, attached, owned, operated,
maintained, hosted, powered, connected, or allowed to remain within, upon, above, or beneath a
County-controlled right-of-way.
(b) The prohibition applies to a device or system attached to or supported by:
1. A County-owned pole or structure;
2. A utility-owned pole or structure;
3. A privately owned pole or structure;
4. A vendor-installed pole or structure;
5. A traffic-control device;
6. A bridge, sign, cabinet, fixture, communications facility, or utility facility; or

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7. Any other publicly or privately owned supporting infrastructure located within a Countycontrolled right-of-way.
(c) Ownership of a camera, microphone, sensor, scanner, device, pole, structure, communications
equipment, electrical connection, or supporting infrastructure does not determine whether this section
applies. Physical occupation or use of a County-controlled right-of-way is sufficient.
(d) No encroachment permit, utility authorization, attachment authorization, construction permit,
right-of-entry agreement, license, lease, easement, or other permission may be issued for a prohibited
system within a County-controlled right-of-way.
(e) An application involving a prohibited system shall be denied as a prohibited use and shall not be
eligible for a variance, administrative exception, or staff waiver.
(f) A prohibited system installed without lawful County permission constitutes an unauthorized
encroachment.
(g) This section does not assert County permitting authority over an SCDOT-maintained right-ofway or a municipal right-of-way where the County possesses no ownership, easement, maintenance
responsibility, or other legal authority.
Sec. 2-507. Existing systems and removal.
(a) Within thirty days after the effective date of this article, the County Administrator, County
Engineer, information-technology personnel, facilities personnel, and other appropriate County staff
shall identify, to the extent reasonably ascertainable, any prohibited system:
1. Located on County property;
2. Located within a County-controlled right-of-way;
3. Supported by County-controlled funds or resources;
4. Operated, hosted, maintained, connected, or materially supported through County-owned
equipment, software, networks, accounts, databases, or credentials; or
5. Operated under a County contract, permit, agreement, subscription, or authorization.
(b) The County Administrator shall consult with the County Attorney concerning any existing
permit, contract, easement, property right, grant condition, or other legal obligation affecting removal
or termination.
(c) Except where a different procedure is legally required, the County shall provide written notice to
the owner, operator, vendor, contractor, governmental entity, utility, or other responsible person
directing that:
1. County-funded or County-hosted collection, processing, analysis, transmission, and contribution
to an external surveillance database or network be discontinued within ten business days after
receipt of notice;
2. County-funded subscriptions, accounts, software services, and data-contribution connections be
terminated within ten business days after receipt of notice; and
3. Physical devices and associated equipment be removed from County property or the Countycontrolled right-of-way within thirty days after receipt of notice.
(d) A revocable permit, license, authorization, or permission for a prohibited system is revoked as of
the effective date of this article, subject to any notice or procedural requirement imposed by law or
the applicable instrument.

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(e) If a responsible person fails to remove an unauthorized device within the required period, the
County may:
1. Disconnect, cover, disable, or remove the device;
2. Terminate power, communications, network, or other County-provided service;
3. Disable or terminate County-funded subscriptions, accounts, software services, or datacontribution connections;
4. Store the device for a reasonable period;
5. Recover the County’s removal, storage, restoration, administrative, and legal costs;
6. Pursue injunctive or other relief; and
7. Exercise any other lawful remedy.
(f) The County shall not destroy equipment belonging to another person without legal authority and
appropriate notice.
(g) Nothing in this section authorizes the unconstitutional impairment of an enforceable contract or
vested property right. Where such a claim is asserted, the County Attorney shall determine the
appropriate lawful procedure.
Sec. 2-508. Eligibility for discretionary County distributions.
(a) A participating governmental entity is ineligible to receive a discretionary County distribution
during the period of its participation in a prohibited mass surveillance system.
(b) The ineligibility established by this section applies to:
1. General-fund appropriations;
2. Recreation funds;
3. Council-district appropriations or recommendations;
4. Capital-project assistance;
5. Economic-development grants;
6. Beautification grants;
7. Community grants;
8. Sponsorships;
9. Contributions;
10. Reimbursements;
11. County-provided in-kind assistance;
12. Use of County personnel, equipment, facilities, or property;
13. County-administered grant programs; and
14. Any other discretionary transfer of County-controlled funds or resources.
(c) No participating governmental entity may avoid ineligibility by requesting that funds be awarded
to:
1. A nonprofit organization;
2. A committee;
3. A chamber of commerce;

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4. A festival board;
5. A contractor;
6. A fiscal agent;
7. An affiliated entity;
8. A separate authority or commission; or
9. Another intermediary acting for, benefiting, reimbursing, or supporting the participating
governmental entity.
(d) A recipient may not use County-controlled funds to pay an expense that would otherwise be paid
by a participating governmental entity, thereby freeing the entity’s own money for a prohibited
system.
(e) This section establishes eligibility for discretionary County assistance. It does not impose a fine
or require a participating governmental entity to terminate its system.
Sec. 2-509. Accommodations-tax eligibility.
(a) To the fullest extent permitted by state law, no participating governmental entity shall be eligible
to receive a discretionary award, grant, allocation, sponsorship, contract, reimbursement, or
distribution administered by the County from:
1. State accommodations-tax revenue allocated for tourism promotion or tourism-related
expenditures under S.C. Code § 6-4-10;
2. Local accommodations-tax revenue imposed and administered under S.C. Code §§ 6-1-510
through 6-1-570;
3. Accommodations-tax revenue lawfully allocated to the County general fund and subsequently
offered through a discretionary grant, contribution, sponsorship, or funding program; or
4. Any other County-administered tourism fund.
(b) No County-administered accommodations-tax award may be made for a municipally sponsored
event associated with a participating municipality.
(c) Subsection (b) applies regardless of whether the named applicant or event organizer is:
1. Separately incorporated;
2. Tax exempt;
3. Governed by an independent or nominally independent board;
4. A chamber of commerce;
5. A festival committee;
6. A civic organization;
7. A contractor;
8. A fiscal agent; or
9. Otherwise legally distinct from the municipality.
(d) An event is associated with a participating municipality when that municipality provides material
municipal support, including material in-kind municipal support.
(e) Police details, road closures, barricades, donated or preferential use of municipal parks or streets,
public works assistance, sanitation, dedicated fire or emergency services, municipal insurance,
administrative support, municipal promotion, fee waivers, utilities, equipment, and other planned
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event-specific assistance shall be counted as municipal sponsorship when provided as defined in this
article.
(f) The County accommodations-tax advisory committee or other advisory body shall incorporate the
eligibility requirements of this article and Chapter 30, Article III, Division 2 into its application
guidelines and review process.
(g) Every application must continue to be reviewed, and every expenditure must continue to satisfy
the procedural and substantive tourism requirements of applicable state law.
(h) Nothing in this article:
1. Authorizes accommodations-tax money to be used for a purpose not otherwise authorized by
state law;
2. Eliminates advisory-committee review required by state law;
3. Requires County Council to approve an advisory-committee recommendation;
4. Requires the County to fund every applicant or every otherwise qualifying tourism activity;
5. Affects a distribution that state law expressly and unconditionally requires the County to make to
a specifically designated recipient; or
6. Authorizes the County to divert restricted accommodations-tax revenue to an unauthorized use.
(i) When an advisory committee recommends an award to an ineligible applicant, County Council
may reject the recommendation and select another lawful tourism-related expenditure in accordance
with state law.
(j) The independently codified provisions of Chapter 30, Article III, Division 2 shall also apply to
accommodations-tax awards and shall be read consistently with this section.
Sec. 2-510. Municipally sponsored events.
(a) A municipally sponsored event associated with a participating municipality is ineligible for a
discretionary County distribution.
(b) In determining whether an event is municipally sponsored, the County shall consider the totality
of the financial, operational, promotional, administrative, organizational, and property relationship
between the event and municipality.
(c) The following constitute municipal sponsorship when provided for the planned operation of an
event:
1. Dedicated municipal police personnel or traffic control;
2. Municipal road or street closures;
3. Municipal barricades, cones, signs, or traffic-control devices;
4. Dedicated municipal fire, rescue, or emergency medical support;
5. Free, discounted, donated, or preferential use of municipal parks, streets, sidewalks, buildings,
stages, parking areas, or facilities;
6. Municipal public works personnel or equipment;
7. Municipal sanitation, setup, teardown, or cleanup;
8. Municipal insurance or indemnification;
9. Municipal advertising or official promotion;
10. Municipal administrative or fiscal-agent services;
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11. Waiver or absorption of fees or expenses;
12. Municipal utility service;
13. Direct municipal appropriations; or
14. Appointment or control of members of the event’s board or organizing committee.
(d) An event organizer may not divide municipal support among several organizations or characterize
municipal services as unrelated expenditures for the purpose or practical effect of avoiding this
article.
(e) The County shall consider the fair value and operational importance of municipal support rather
than merely whether the municipality issued a check to the organizer.
(f) A private event does not become municipally sponsored solely because:
1. The municipality issues an ordinary permit on the same terms applicable to similarly situated
applicants;
2. The organizer pays the full published and actual cost of all municipal services and receives no
preferential treatment; or
3. Municipal police, fire, rescue, or emergency medical personnel respond to an unplanned
emergency.
Sec. 2-511. Applications, disclosure, and certification.
(a) Every applicant for a discretionary County distribution shall disclose:
1. Each municipality or governmental entity sponsoring or supporting the applicant, program,
project, or event;
2. All municipal financial contributions;
3. All municipal in-kind support;
4. Use of municipal property;
5. Municipal personnel or equipment provided;
6. Municipal fee waivers or discounted services;
7. Municipal appointment or control of board or committee members;
8. Whether the applicant is acting as a fiscal agent, intermediary, contractor, or affiliate of a
municipality;
9. Whether any participating governmental entity will directly or indirectly benefit from the
requested funds; and
10. Any other information reasonably necessary to determine eligibility under this article.
(b) An applicant shall certify that:
1. The application contains a complete and accurate disclosure;
2. The requested funds will not directly or indirectly support a prohibited mass surveillance system;
3. The applicant is not being used to circumvent this article;
4. No portion of the award will be transferred, reimbursed, credited, or otherwise provided to an
ineligible entity except for an arm’s-length payment for lawful goods or services unrelated to a
prohibited system; and

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5. The applicant will notify the County of any material change in eligibility before final payment or
expenditure.
(c) The certification shall be incorporated into the grant agreement, contract, award letter,
reimbursement agreement, or other instrument governing the distribution.
(d) The County may require documentation establishing the actual cost or fair value of municipal inkind support.
(e) A materially false, incomplete, or misleading certification constitutes grounds for:
1. Denial of the application;
2. Suspension or termination of the award;
3. Withholding of unpaid funds;
4. Repayment of funds already disbursed;
5. Recovery of collection and legal costs where authorized by law;
6. Ineligibility for future discretionary County distributions for up to three years; and
7. Any other remedy available under the grant agreement or applicable law.
(f) Before imposing a period of future ineligibility, the County shall provide written notice of the
alleged violation and a reasonable opportunity for the applicant to respond.
Sec. 2-512. Eligibility determinations and cure.
(a) The County Administrator shall maintain a list of governmental entities determined to be
participating governmental entities.
(b) Before placing an entity on the list, the County Administrator shall provide written notice stating
the factual basis for the proposed determination and allow the entity at least fifteen business days to
submit responsive information.
(c) The County Administrator shall issue a written determination following consideration of the
available information.
(d) An affected entity may appeal the determination to County Council by filing written notice with
the Clerk to Council within fifteen business days.
(e) County Council may affirm, reverse, or modify the determination following consideration at a
public meeting.
(f) An entity’s ineligibility ends when the County determines that the entity has satisfied either of the
following:
1. Terminated the conduct that caused it to be a participating governmental entity, including
termination of applicable contracts or subscriptions, removal of applicable devices from
property under its control, withdrawal from external surveillance databases and networks,
cessation of locally collected data contributions and material operational support, and
submission of a certification and supporting documentation reasonably satisfactory to the
County; or
2. Reconfigured the system so that it qualifies for an exclusion under Section 2-503 or otherwise no
longer constitutes a prohibited mass surveillance system, as verified by documentation
reasonably satisfactory to the County.
(g) Eligibility may be restored prospectively. Restoration does not require the County to reconsider
an application or award previously denied, nor does it create an entitlement to future funding.
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Sec. 2-513. Anti-circumvention.
(a) No person or entity may knowingly structure, divide, route, relabel, reimburse, transfer, or
administer a transaction for the purpose or practical effect of avoiding this article.
(b) The County shall evaluate the substance and economic reality of a transaction, relationship,
sponsorship, or arrangement rather than its nominal form.
(c) Prohibited circumvention includes:
1. Routing an application through a separate nonprofit organization or committee;
2. Naming a fiscal agent as the recipient while an ineligible entity controls or materially benefits
from the funds;
3. Using County funds for event expenses ordinarily paid by a participating municipality;
4. Transferring County-funded equipment, services, or reimbursements to an ineligible entity;
5. Dividing one project into separate applications;
6. Characterizing material municipal support as routine permitting when it provides event-specific
operational assistance;
7. Omitting or materially undervaluing municipal in-kind support;
8. Using a vendor, utility, contractor, or other governmental entity to install or operate a prohibited
system on County property or in a County-controlled right-of-way.
Sec. 2-514. Administration and annual reporting.
(a) The County Administrator, County Attorney, Finance Director, Procurement Director, County
Engineer, Parks, Recreation and Tourism Director, information-technology personnel, and other
appropriate staff shall implement this article within their respective areas of responsibility.
(b) County procurement documents, grant guidelines, applications, contracts, sponsorship
agreements, accommodations-tax materials, information-technology policies, and encroachmentpermit procedures shall be revised as necessary to implement this article.
(c) At least annually, the County Administrator shall provide County Council with a report
identifying:
1. Known prohibited systems on County property or County-controlled rights-of-way;
2. County-funded contracts, subscriptions, hosting arrangements, and data-contribution
arrangements reviewed under this article;
3. Participating governmental entities;
4. Applications denied under this article;
5. Certifications and disclosures received;
6. Removal or enforcement activity;
7. Eligibility restorations; and
8. Recommended administrative or legislative changes.
(d) No report required by this section shall disclose information that is confidential under state or
federal law.
Sec. 2-515. Enforcement and remedies.
(a) The County may enforce this article through any lawful remedy, including:

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1. Denial or revocation of a permit or authorization;
2. Termination or nonrenewal of a contract, subscription, account, or agreement;
3. Suspension or denial of a County payment;
4. Removal of an unauthorized encroachment;
5. Recovery of removal, restoration, storage, and administrative costs;
6. Repayment or contractual recovery of grant funds;
7. Injunctive or declaratory relief;
8. Disqualification from discretionary County funding; and
9. Any other civil, contractual, administrative, or equitable remedy authorized by law.
(b) The County Attorney is authorized to seek injunctive relief and other civil, contractual,
administrative, or equitable remedies in a court of competent jurisdiction.
(c) Grant ineligibility under this article is an eligibility condition and not a criminal penalty.
Sec. 2-516. Savings and limitations.
(a) Nothing in this article shall be construed to:
1. Direct the handling or outcome of a particular criminal investigation;
2. Prevent an officer or other person from directly observing a person, vehicle, object, or activity in
public;
3. Prevent a law-enforcement officer from searching, querying, requesting, receiving, analyzing, or
using lawfully available information during a lawful traffic stop, emergency, search-and-rescue
operation, or particularized investigation, including pursuant to individualized judicial
authorization, solely because the information was collected by a prohibited mass surveillance
system, provided the officer’s jurisdiction does not own, fund, contract for, operate, host,
maintain, or contribute locally collected surveillance information to that system in violation of
this article;
4. Regulate an ordinary private camera located entirely on private property outside County property
and County-controlled rights-of-way;
5. Assert County control over an SCDOT or municipal right-of-way where the County has no legal
authority;
6. Require withholding of money that the County is expressly and unconditionally required by state
or federal law, final court order, binding bond covenant, or preexisting enforceable contract to
distribute;
7. Authorize the expenditure of restricted funds for an unauthorized purpose;
8. Prohibit compliance with a valid court order directed to the County;
9. Alter a duty expressly imposed upon an elected official by general state law; or
10. Prevent the County from taking actions necessary to protect its legal interests or comply with
controlling law.
(b) Nothing in this article creates a private cause of action against the County, County Council, a
County employee, or a County official.
(c) No person or entity possesses a vested right to receive a future discretionary County distribution.

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(d) Where application of a particular provision would be preempted by controlling state or federal
law, that provision shall be limited only to the minimum extent necessary to avoid preemption.
(e) This article shall be construed consistently with any subsequently enacted state statutory
framework governing the technologies addressed herein and shall yield to the extent, and only to the
extent, of any direct conflict.

SECTION 2. CHAPTER 30 ACCOMMODATIONS-TAX CODIFICATION
Chapter 30, Article III, of the Oconee County Code of Ordinances is amended by adding a new
Division 2, beginning with Section 30-111, to read as follows:

DIVISION 2. MASS SURVEILLANCE ELIGIBILITY RESTRICTIONS FOR COUNTY-ADMINISTERED
ACCOMMODATIONS-TAX FUNDS
Sec. 30-111. Purpose and applicability.
(a) The purposes of this division are to:
1. Prevent County-administered accommodations-tax funds from being used directly or indirectly to
acquire, own, fund, operate, maintain, host, support, or subsidize prohibited mass surveillance
systems;
2. Establish prospective and uniform eligibility requirements for discretionary County-administered
accommodations-tax awards;
3. Protect the privacy, liberty, freedom of movement, freedom of association, and other rights of
Oconee County residents and visitors;
4. Prevent municipalities from circumventing County funding restrictions through separate
committees, nonprofit organizations, festival boards, chambers of commerce, fiscal agents,
contractors, or affiliated entities; and
5. Ensure that County-administered tourism funds are expended consistently with County policy
and applicable state law.
(b) This division applies to discretionary accommodations-tax funds administered, allocated,
awarded, or expended by the County, including:
1. The County of Oconee Local Accommodations Tax Special Revenue Fund;
2. State accommodations-tax funds administered by the County for tourism promotion or tourismrelated expenditures;
3. Accommodations-tax revenue lawfully allocated to the County general fund and subsequently
offered through a discretionary grant, sponsorship, contribution, or award program; and
4. Any other discretionary County-administered tourism fund derived in whole or in part from
accommodations-tax revenue.
(c) This division does not authorize an expenditure for a purpose not otherwise authorized by state
law.
(d) This division does not require the County to withhold a distribution that state law expressly and
unconditionally requires the County to make to a specifically designated recipient.
(e) This division applies prospectively to applications, awards, contracts, renewals, and
authorizations submitted, made, or arising on or after the effective date of the ordinance enacting this
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division. No accommodations-tax award approved before the effective date shall be rescinded solely
on the basis of this division.
Sec. 30-112. Definitions.
(a) The definitions contained in Chapter 2, Article VII, Protection from Mass Surveillance, are
incorporated into this division and shall have the same meanings when used herein.
(b) For purposes of this division, “County-administered accommodations-tax funds” means
accommodations-tax revenue over which County Council possesses lawful discretion to select a
recipient, event, program, project, expenditure, contract, grant, sponsorship, reimbursement, or other
use.
(c) Where a term contained in this division conflicts with a definition contained in Division 1 of this
article, the more specific definition applicable to mass surveillance eligibility shall govern solely for
purposes of this division.
Sec. 30-113. Prohibited expenditures.
(a) No County-administered accommodations-tax funds may be appropriated, awarded, transferred,
allocated, expended, encumbered, reimbursed, or otherwise made available, directly or indirectly, for
a prohibited mass surveillance system.
(b) The prohibition includes:
1. Purchase, lease, rental, subscription, financing, or acquisition;
2. Installation, construction, testing, maintenance, repair, replacement, or renewal;
3. Software, artificial-intelligence, database, cloud, network, storage, communications, or access
fees;
4. Cameras, microphones, sensors, scanners, drones, poles, equipment, electricity, communications,
networking, or related infrastructure;
5. Training, personnel, consulting, legal, administrative, or operational expenses;
6. A matching contribution associated with an outside grant;
7. Reimbursement to a municipality, governmental entity, vendor, contractor, nonprofit
organization, or other person; and
8. Any expenditure having the purpose or practical effect of supporting, facilitating, subsidizing, or
freeing other funds for a prohibited mass surveillance system.
(c) No applicant or recipient may use County-administered accommodations-tax funds to pay an
expense ordinarily paid by a participating governmental entity when doing so would enable or free
the participating entity to direct its own funds toward a prohibited mass surveillance system.
Sec. 30-114. Ineligible applicants, recipients, and events.
(a) A participating governmental entity is ineligible to receive a discretionary award of Countyadministered accommodations-tax funds during the period of participation.
(b) A municipally sponsored event associated with a participating municipality is ineligible to receive
a discretionary award of County-administered accommodations-tax funds during the period of
participation.
(c) Subsection (b) applies regardless of whether the named applicant or organizer is:
1. Separately incorporated;

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2. Tax exempt;
3. Governed by an independent or nominally independent board;
4. A nonprofit organization;
5. A chamber of commerce;
6. A festival committee;
7. A civic organization;
8. A contractor;
9. A fiscal agent; or
10. Otherwise legally distinct from the participating municipality.
(d) A participating municipality may not avoid ineligibility by requesting that funds be paid to an
intermediary, affiliated organization, contractor, committee, nonprofit organization, festival board,
chamber of commerce, or fiscal agent.
(e) The substance and economic reality of the relationship between the municipality, applicant,
recipient, and event shall control over legal form or nominal independence.
Sec. 30-115. Municipal sponsorship and in-kind support.
(a) For purposes of this division, material in-kind municipal support constitutes municipal
sponsorship.
(b) Municipal sponsorship includes:
1. Dedicated police details, security, or traffic control;
2. Road or street closures;
3. Barricades, cones, signs, detours, or traffic-control devices;
4. Dedicated fire, rescue, emergency medical, or emergency-management support;
5. Free, donated, discounted, or preferential use of municipal parks, streets, sidewalks, buildings,
stages, parking areas, or facilities;
6. Public works labor, vehicles, equipment, setup, teardown, or logistical assistance;
7. Sanitation, waste collection, portable restroom service, or cleanup;
8. Municipal insurance, indemnification, contracting, purchasing, or fiscal-agent services;
9. Municipal advertising, promotion, printing, signage, website placement, or social-media support;
10. Municipal administrative or planning assistance;
11. Waiver, reduction, reimbursement, or absorption of fees or expenses;
12. Municipal electricity, water, communications, or utility service;
13. Direct municipal appropriations; or
14. Municipal appointment or control of members of an event board or organizing committee.
(c) The County shall consider the fair value and operational importance of municipal support rather
than merely whether the municipality issued a monetary payment.
(d) An otherwise private event shall not become municipally sponsored solely because:
1. The municipality issues an ordinary permit on the same terms applicable to similarly situated
applicants;

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2. The organizer pays the full published and actual cost of all municipal services and receives no
preferential treatment; or
3. Municipal police, fire, rescue, or emergency medical personnel respond to an unplanned
emergency.
(e) Planned, dedicated, donated, discounted, preferential, or event-specific municipal assistance
constitutes municipal sponsorship.
Sec. 30-116. Applications, disclosure, and certification.
(a) Every applicant for County-administered accommodations-tax funds shall disclose:
1. Each municipality or governmental entity sponsoring, supporting, funding, organizing, or
promoting the applicant, project, program, or event;
2. All direct municipal financial contributions;
3. All anticipated or received municipal in-kind support;
4. Use of municipal streets, parks, sidewalks, buildings, stages, parking areas, or other property;
5. Municipal personnel, equipment, security, traffic control, public works, sanitation, emergency
services, utilities, insurance, administrative support, advertising, or promotion;
6. Municipal fee waivers, discounts, reimbursements, or absorbed expenses;
7. Municipal appointment or control of board or committee members;
8. Whether the applicant is acting as a fiscal agent, intermediary, contractor, or affiliate of a
municipality;
9. Whether a participating governmental entity will directly or indirectly benefit from the requested
award; and
10. Any other information reasonably necessary to determine eligibility.
(b) Every applicant shall certify that:
1. Its disclosures are complete and accurate;
2. The requested funds will not directly or indirectly support a prohibited mass surveillance system;
3. The applicant is not being used to circumvent this division or Chapter 2;
4. No portion of an award will be transferred, reimbursed, credited, or otherwise provided to an
ineligible recipient, except through an arm’s-length payment for lawful goods or services
unrelated to a prohibited system; and
5. The applicant will report any material change affecting eligibility before final payment or
expenditure.
(c) The County may require an applicant to calculate and disclose the estimated fair value of
municipal in-kind support.
(d) The certifications required by this section shall be incorporated into every applicable grant
agreement, contract, award letter, reimbursement agreement, or other funding instrument.
(e) A materially false, incomplete, or misleading application, disclosure, or certification constitutes
grounds for:
1. Denial;
2. Suspension or termination of an award;
3. Withholding of unpaid funds;
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4. Repayment of funds already disbursed;
5. Recovery of collection and legal expenses where permitted;
6. Ineligibility for future discretionary County awards for up to three years; and
7. Any other remedy authorized by the funding agreement or applicable law.
(f) Before imposing a period of future ineligibility, the County shall provide written notice and a
reasonable opportunity to respond.
Sec. 30-117. Advisory review and County Council action.
(a) The County accommodations-tax advisory committee or other advisory body shall incorporate the
eligibility requirements of this division and Chapter 2 into its application guidelines and review
process.
(b) Every application required by state law to receive advisory review shall continue to receive such
review.
(c) The advisory body shall not recommend an award to an applicant determined to be ineligible
under this division.
(d) County Council shall consider advisory recommendations in accordance with state law and shall
take final action upon proposed expenditures.
(e) When an advisory body recommends an award to an ineligible applicant, County Council may
reject the recommendation and select another lawful tourism-related expenditure.
(f) Nothing in this division requires County Council to fund every applicant, project, program, event,
or activity that may otherwise satisfy a statutory tourism category.
(g) All expenditures from the County of Oconee Local Accommodations Tax Special Revenue Fund
remain subject to approval by County Council under § 30-85.
Sec. 30-118. Determinations, cure, anti-circumvention, and enforcement.
(a) The eligibility determination, notice, appeal, cure, anti-circumvention, administration, and
enforcement provisions of Chapter 2, Article VII, apply to this division.
(b) An entity’s ineligibility ends when the County determines that the entity has satisfied either of the
following:
1. Terminated the conduct that caused it to be a participating governmental entity, including
termination of applicable contracts or subscriptions, removal of applicable devices from
property under its control, withdrawal from external surveillance databases and networks,
cessation of locally collected data contributions and material operational support, and
submission of a certification and supporting documentation reasonably satisfactory to the
County; or
2. Reconfigured the system so that it qualifies for an exclusion under Section 2-503 or otherwise no
longer constitutes a prohibited mass surveillance system, as verified by documentation
reasonably satisfactory to the County.
(c) Eligibility shall be restored prospectively following written County approval.
(d) Restoration does not create an entitlement to an award, require reconsideration of a previously
denied application, or require displacement of another approved recipient.

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(e) No applicant, recipient, municipality, or other person may structure, route, divide, relabel,
transfer, reimburse, or administer a transaction for the purpose or practical effect of avoiding this
division.
(f) The County shall evaluate the substance and economic reality of a transaction and relationship
rather than its nominal form.
(g) Nothing in this division:
1. Authorizes accommodations-tax revenue to be expended for a purpose not permitted by state
law;
2. Eliminates advisory review, reporting, accounting, segregation, expenditure deadlines, or other
requirements imposed by state law;
3. Requires withholding of a payment that state law expressly and unconditionally requires the
County to distribute to a specifically designated recipient; or
4. Prevents application of the remaining provisions to other discretionary accommodations-tax
funds if application to a particular category is found to conflict with controlling law.
(h) This division shall be construed consistently with any subsequently enacted state statutory
framework governing the technologies addressed herein and shall yield to the extent, and only to the
extent, of any direct conflict.

SECTION 3. CHAPTER 26 CONFORMING AMENDMENT
Chapter 26 of the Oconee County Code of Ordinances is amended by adding a new Article IV,
entitled “Mass Surveillance Encroachments,” consisting of Section 26-201, to read as follows:

ARTICLE IV. MASS SURVEILLANCE ENCROACHMENTS
Sec. 26-201. Prohibited mass surveillance encroachments.
(a) The definitions contained in Chapter 2, Article VII, Protection from Mass Surveillance, are
incorporated into this section.
(b) No prohibited mass surveillance system may be installed, placed, attached, owned, operated,
maintained, hosted, powered, connected, or allowed to remain within, upon, above, or beneath a
County-owned, County-maintained, or County-controlled road, street, bridge, shoulder, median,
drainage area, sidewalk, easement, or right-of-way.
(c) The prohibition applies to systems attached to or supported by:
1. County-owned poles or structures;
2. Utility-owned poles or structures;
3. Privately owned poles or structures;
4. Vendor-installed poles or structures;
5. Traffic-control devices;
6. Bridges, signs, cabinets, fixtures, utility facilities, or communications facilities; or
7. Other publicly or privately owned infrastructure located within the County-controlled right-ofway.

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(d) Ownership of the camera, microphone, sensor, scanner, device, pole, structure, communications
equipment, electrical connection, or supporting infrastructure does not determine whether this section
applies.
(e) No encroachment permit, attachment authorization, utility authorization, construction permit,
license, lease, easement, right-of-entry agreement, or other County permission may be issued for a
prohibited mass surveillance system.
(f) An application involving a prohibited mass surveillance system shall be denied as a prohibited use
and shall not be eligible for an administrative waiver, exception, or variance.
(g) A prohibited system installed without authorization or remaining after revocation, termination, or
expiration of authorization constitutes an unauthorized encroachment and is subject to removal and
enforcement under Chapters 2 and 26.
(h) This section does not assert County authority over an SCDOT or municipal right-of-way where
the County possesses no ownership interest, easement, maintenance responsibility, or other legal
authority.

SECTION 4. IMPLEMENTATION
(a) Within thirty days after the effective date of this Ordinance, the County Administrator shall direct
all County departments and offices subject to County Council’s lawful administrative authority to
identify:
1. Existing County-funded or County-administered contracts, subscriptions, permits, memoranda of
understanding, data-contribution agreements, hosting arrangements, and other arrangements
involving mass surveillance technology;
2. Cameras, microphones, sensors, scanners, drones, equipment, or other devices located on County
property or within County-controlled rights-of-way that may participate in a prohibited mass
surveillance system;
3. County expenditures supporting such systems;
4. County-owned equipment, software, networks, databases, accounts, or credentials used to
operate, host, maintain, connect, or contribute locally collected information to such systems;
and
5. Pending applications for discretionary County distributions involving participating governmental
entities or municipally sponsored events.
(b) Within sixty days after the effective date, the County Administrator shall present County Council
with an implementation report.
(c) County staff shall revise County grant, recreation-fund, accommodations-tax, sponsorship,
procurement, contracting, information-technology, property-use, and encroachment-permit
documents before the next applicable application, procurement, renewal, or award cycle.
(d) The County Administrator shall cause the permanent substantive provisions of Sections 1, 2, and
3 to be submitted for codification in Chapters 2, 30, and 26, respectively.

SECTION 5. EXISTING OBLIGATIONS
Nothing in this Ordinance shall be interpreted to impair a binding contract, bond covenant, vested
property right, final court order, or mandatory distribution in violation of controlling law.

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The County Attorney shall review any claimed existing obligation and advise County Council and
County staff concerning the lawful method of termination, nonrenewal, disconnection, removal, or
compliance.
No County-funded contract, permit, subscription, data-contribution agreement, hosting agreement,
memorandum of understanding, or other arrangement may be renewed, extended, expanded, or
materially modified in a manner inconsistent with this Ordinance.

SECTION 6. SEVERABILITY
Should any section, subsection, paragraph, sentence, clause, phrase, definition, application, or
provision of this Ordinance be declared unconstitutional, preempted, invalid, or unenforceable by a
court of competent jurisdiction, the remaining portions shall remain in full force and effect.
County Council declares that it would have adopted this Ordinance and each section, subsection,
paragraph, sentence, clause, phrase, definition, application, and provision independently of any
portion subsequently declared invalid or unenforceable.
If application of the accommodations-tax provisions to a particular category of revenue or recipient is
declared invalid, the remaining restrictions concerning other accommodations-tax revenues, County
general funds, recreation funds, grants, County property, County-controlled rights-of-way, County
contracts, County personnel, information-technology systems, and other County resources shall
remain in effect.

SECTION 7. CONFLICTING PROVISIONS
All ordinances, resolutions, policies, practices, contracts, approvals, permits, or actions of the County
inconsistent with this Ordinance are repealed, revoked, rescinded, or superseded only to the extent of
the inconsistency and only to the extent permitted by law.

SECTION 8. CODIFICATION
The Clerk to Council and the County’s codifier are authorized to:
1. Make any technical adjustments to article, division, and section numbering that are necessary to
conform to the Code, without changing the substantive codification placements specified
herein;
2. Correct typographical and grammatical errors;
3. Update cross-references;
4. Format the provisions consistently with the Oconee County Code of Ordinances; and
5. Make other nonsubstantive changes necessary for codification.
No codification change may alter the meaning or substantive effect of this Ordinance.
Sections 1, 2, and 3 are expressly intended to be permanent provisions of the Oconee County Code of
Ordinances and shall be codified in Chapters 2, 30, and 26, respectively.

SECTION 9. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption following the required readings
and public hearing, except that:
The funding-eligibility, grant, award, contract, renewal, and authorization provisions of this
Ordinance apply prospectively to applications, awards, contracts, renewals, permits, and

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authorizations submitted, made, or arising on or after the effective date. No discretionary award
approved before the effective date shall be rescinded solely on the basis of this Ordinance. This
prospective-application provision does not limit the existing-system, County-property, County-rightof-way, nonrenewal, or existing-obligations provisions of this Ordinance.
1. Existing-system identification shall occur within thirty days;
2. Required application and administrative forms shall be revised within sixty days or before the
next applicable funding cycle, whichever occurs first; and
3. Removal, disconnection, termination, or disabling of existing systems shall proceed according to
the notice, cure, contractual, property-right, and legal-review provisions contained herein.

ORDAINED in meeting, duly assembled, this ____ of ________________, 2026.

ATTEST:
Jennifer C. Adams
Clerk to Oconee County Council
First Reading:
Second Reading:
Third Reading:
Public Hearing:

2026-26

Matthew Durham
Chair, Oconee County Council

August 18, 2026
September 01, 2026
September 15, 2026
September 15, 2026

Page 32

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

ORDINANCE 2026-27

AN ORDINANCE TO AMEND CHAPTER 2, “ADMINISTRATION,” OF THE CODE OF
ORDINANCES OF OCONEE COUNTY, SOUTH CAROLINA, BY ADDING ARTICLE
VIII, ENTITLED “POSITION AUTHORIZATION AND CLASSIFICATION CONTROL”;
TO REQUIRE ALL COUNTY POSITIONS, REGARDLESS OF FUNDING SOURCE, TO
BE INCLUDED IN A POSITION AUTHORIZATION AND CLASSIFICATION
SCHEDULE APPROVED BY COUNTY COUNCIL; TO PROVIDE THAT THE RECEIPT
OR AVAILABILITY OF A GRANT, STATE APPROPRIATION, DONATION,
RESTRICTED REVENUE, FEE, OR OTHER FUNDING DOES NOT INDEPENDENTLY
AUTHORIZE THE CREATION OR CONTINUATION OF A COUNTY POSITION; TO
ESTABLISH UNIFORM PROCEDURES FOR THE CREATION, RECLASSIFICATION,
CONTINUATION, EXPIRATION, AND ABOLITION OF COUNTY POSITIONS; TO
PRESERVE LAWFUL APPOINTMENT AND PERSONNEL AUTHORITY; TO PROHIBIT
CIRCUMVENTION; AND TO PROVIDE FOR CODIFICATION, SEVERABILITY,
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, Oconee County Council is the governing body and responsible fiscal authority of
Oconee County;
WHEREAS, Section 4-9-25 of the Code of Laws of South Carolina authorizes counties to enact
ordinances necessary and proper for the general welfare, convenience, and good government of the
county and requires that county powers be liberally construed in favor of the county;
WHEREAS, Section 4-9-30 of the Code of Laws of South Carolina authorizes County Council to
make appropriations for the functions and operations of the County and to establish, prescribe, modify,
and abolish county offices, departments, boards, commissions, and agencies, subject to the Constitution
and general law of the State;
WHEREAS, Section 4-9-140 of the Code of Laws of South Carolina requires County Council to
adopt annual operating and capital budgets and authorizes Council to require reports, estimates, and
statistics from county agencies and departments necessary for Council to perform its duties as the
responsible fiscal body of the County;
WHEREAS, Section 4-9-630 of the Code of Laws of South Carolina provides that the County
Administrator shall administer personnel policies, salary plans, and classification plans approved by
County Council and shall exercise employment and discharge authority subject to the appropriation of
funds by County Council;
WHEREAS, the creation of a position may create financial and operational obligations extending
beyond the period during which a grant, state appropriation, donation, or other outside funding source
remains available;
WHEREAS, County Council finds that transparency, fiscal accountability, consistency, and
responsible management require all positions within county government to be expressly authorized by
County Council, regardless of the proposed source of salary, benefits, equipment, facilities,
administrative support, or other costs associated with the position;
WHEREAS, County Council intends to regulate the authorization, classification, funding, and
continued existence of county positions without improperly exercising the hiring, supervision,
disciplinary, or discharge authority lawfully assigned to the County Administrator, an elected official, an
appointed board, a department head, or another appointing authority; and
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WHEREAS, County Council finds that the acceptance or availability of outside funds should not,
by itself, permit a county entity to expand the size, scope, or recurring obligations of county government
without legislative authorization.
NOW, THEREFORE, be it ordained by the County Council of Oconee County, South Carolina,
in meeting duly assembled, that the Code of Ordinances of Oconee County is amended as follows:
SECTION 1. CHAPTER 2 AMENDED
Chapter 2, “Administration,” of the Code of Ordinances of Oconee County, South Carolina, is amended
by adding Article VIII, entitled “Position Authorization and Classification Control,” Sections 2-550
through 2-565, to read as follows:
ARTICLE VIII. POSITION AUTHORIZATION AND CLASSIFICATION CONTROL
Sec. 2-550. Purpose and legislative intent.
(a) The purpose of this article is to establish a uniform and transparent system under which County
Council determines the total number, classification, and organizational placement of positions
authorized within county government.
(b) County Council retains legislative authority to determine whether a position is authorized to exist,
subject to the Constitution and general law of the State of South Carolina.
(c) Nothing in this article authorizes County Council or an individual council member to select, appoint,
hire, supervise, discipline, evaluate, or discharge a particular employee when such authority is assigned
by law to the County Administrator, an elected official, an appointed board, a department head, or
another lawful appointing authority.
(d) The authorization of a position is distinct from: (1) the selection or appointment of the individual
who occupies the position; (2) the day-to-day supervision of an employee; (3) employee discipline or
discharge; (4) the assignment of duties reasonably within an authorized classification; and (5) other
administrative personnel decisions lawfully assigned to the County Administrator or another appointing
authority.
Sec. 2-551. Definitions.
For purposes of this article, the following words and phrases have the meanings stated in this section:
Authorized Position
“Authorized position” means a full-time, part-time, temporary, seasonal, grant-funded, state-funded,
restricted-fund, or other employment position that is expressly included in the position authorization and
classification schedule approved by County Council or has otherwise been expressly authorized by
ordinance. The term does not include a bona fide independent contractor who satisfies the requirements
of this article.
County
“County” means Oconee County, South Carolina.
County Entity
“County entity” means a county department, division, office, agency, program, institution, board,
commission, committee, authority, or other entity created by County Council or operating as a
component or function of Oconee County government; the Oconee County Public Library System and
its Board of Trustees; an office or operation administered by the County Administrator; an office of an
elected or appointed county official to the extent the position at issue is funded, compensated, insured,
classified, administered, or supported by Oconee County and is not exclusively controlled by the
Constitution or general law of the State; and any other organizational unit whose employees are treated
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as county employees for payroll, benefits, retirement, workers’ compensation, liability coverage,
human-resources administration, or other employment purposes. The term does not include a
municipality, an independent special purpose district, or another separate political subdivision merely
because the entity receives a county appropriation, grant, or distribution, unless the entity or position has
been legally incorporated into county government.
Employee
“Employee” means an individual providing services in an employer-employee relationship, without
regard to whether the individual is classified as full-time, part-time, temporary, seasonal, provisional,
probationary, at-will, grant-funded, state-funded, or otherwise.
Outside Funds
“Outside funds” means money or financial support received or anticipated from a source other than
unrestricted county general-fund revenue, including federal, state, or regional grants; state aid or state
appropriations; donations, gifts, bequests, or contributions; restricted or designated revenues; special
revenues; fees, charges, fines, or program income; reimbursements; proceeds received under an
agreement with a public or private entity; foundation or nonprofit funding; funds held in trust or for a
restricted purpose; and any other external or non-general-fund revenue.
Position authorization and Classification Schedule
“Position authorization and classification schedule” means the official schedule approved by County
Council identifying the employment positions authorized within county government. The schedule may
identify the county entity or organizational unit; the position title or classification; the number of
authorized positions or full-time equivalents; whether the position is full-time, part-time, temporary, or
seasonal; the assigned pay grade or compensation range; the principal funding source; whether the
position is subject to a funding expiration date or other condition; and any other information County
Council determines necessary for fiscal or organizational control.
Position
“Position” means an employment role or set of continuing employment duties intended to be performed
by one or more employees. The term includes a full-time-equivalent position, a part-time position, a
shared position, and a position divided among multiple employees.
Sec. 2-552. County Council authorization required.
(a) Every position within a county entity, regardless of funding source, must be expressly included in the
position authorization and classification schedule adopted by County Council or otherwise expressly
authorized by ordinance.
(b) No county entity may create, establish, advertise, recruit for, fill, appoint an individual to, employ an
individual in, or continue a position unless the position has been authorized in accordance with this
article.
(c) The acceptance, receipt, award, availability, transfer, or expenditure of a grant, state appropriation,
state aid, donation, gift, restricted revenue, fee, reimbursement, program income, or other funding does
not independently authorize the creation, filling, or continuation of a county position.
(d) An appropriation to a county entity, approval of a budget, authorization to apply for or accept
outside funding, approval of a grant agreement, or approval of an expenditure does not authorize a
position unless County Council’s action expressly identifies the position or classification, the number of
positions or full-time equivalents authorized, the county entity to which the position is assigned, and any
expiration date, funding limitation, or other condition applicable to the position.
(e) No position may be implied from historical practice, the availability of funding, an internal budget
transfer, an organizational chart, a job description, a personnel requisition, a grant application, a grant
award, an administrative approval, or the authority of a county entity to receive or expend funds.
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Sec. 2-553. Outside funds do not independently authorize positions.
(a) A county entity seeking to use outside funds for personnel costs must obtain express authorization
for the position before advertising or recruiting for the position, making an offer of employment,
appointing or assigning an individual to the position, entering into an employment commitment,
charging salary or benefits to the outside funding source, or representing to the funding source that the
County has committed to establish or continue the position.
(b) Before requesting authorization for an outside-funded position, the requesting county entity shall
disclose the proposed title and classification, duties and organizational placement, total projected salary
and benefit cost, funding source and restrictions, beginning and ending dates of funding, matching-fund
requirements, potential county costs and liabilities, any expectation of continuation after the funding
expires, and the proposed disposition of the position when the funding ends.
(c) Unless County Council expressly provides otherwise by ordinance, an outside-funded position
terminates upon the earliest of the expiration or exhaustion of the funding, the expiration date specified
in the position authorization, the loss of eligibility to use the funds for personnel expenses, or abolition
of the position by County Council.
(d) The expiration of outside funding does not create an entitlement to continued employment or require
the County to continue the position using unrestricted or other county revenues.
(e) No county entity may transfer, supplement, or substitute county funds to continue an outside-funded
position beyond its authorized term without prior approval by ordinance of County Council.
Sec. 2-554. Annual position authorization and classification schedule.
(a) The County Administrator shall submit a proposed position authorization and classification schedule
to County Council with the proposed annual operating budget.
(b) The proposed schedule must include every position within each county entity covered by this article,
regardless of funding source.
(c) The position authorization and classification schedule shall be adopted as part of the annual budget
ordinance. Any amendment to the schedule during the fiscal year must be approved by a subsequent
ordinance amending the annual budget ordinance.
(d) The schedule must distinguish among regular full-time positions, regular part-time positions,
temporary or seasonal positions, positions funded wholly or partially by outside funds, positions subject
to a fixed expiration date, and vacant but authorized positions.
(e) The schedule shall identify the total authorized full-time-equivalent positions for each county entity
and for county government as a whole.
(f) The County Administrator and Human Resources Director shall maintain the official administrative
record of the schedule as approved and subsequently amended by County Council.
(g) No administrative document, internal spreadsheet, personnel roster, or organizational chart may alter
the number or classification of authorized positions established by County Council.
Sec. 2-555. Creation, continuation, reclassification, and abolition of positions.
(a) A new position may be created only through express inclusion in the annual budget ordinance or by a
subsequent ordinance amending the annual budget ordinance.
(b) A request to create a position must include the proposed position title and classification, job
description, assigned county entity and organizational unit, number of positions or full-time equivalents
requested, compensation grade or range, complete annualized salary and benefit cost, funding source,
operational justification, permanent or temporary status, expiration date if any, and anticipated future
costs or obligations.
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(c) County Council may authorize, deny, limit, condition, defer, or establish an expiration date for a
proposed position.
(d) A material reclassification requires prior approval by County Council when the reclassification
creates a substantially different function or occupation, moves the position into a higher compensation
grade, materially expands the scope of a program or service, changes a temporary or outside-funded
position into a regular or continuing position, extends a position beyond its authorized expiration date,
results in increased annualized compensation or benefit costs not authorized in the adopted budget, or
otherwise has the practical effect of creating a new position.
(e) Routine administrative adjustments that do not increase the number of authorized positions, change
the essential function of a position, expand a program, or exceed compensation authority approved by
County Council may be administered by the County Administrator in accordance with the County’s
personnel policies and classification plan.
(f) County Council may abolish, reduce, consolidate, condition, or establish an expiration date for an
authorized position by ordinance, subject to applicable constitutional, statutory, contractual, and
employee-grievance requirements.
(g) The abolition of a position is a legislative and organizational action and is not a directive concerning
the discipline or discharge of a particular employee. Implementation shall be performed by the official
or entity possessing lawful personnel authority.
Sec. 2-556. Vacancies and transfer of position authority.
(a) A vacancy does not abolish an authorized position unless County Council has established an
expiration date, the position is abolished by ordinance, the annual schedule does not continue the
position, or a funding or other condition upon which authorization depends has expired.
(b) An authorized but vacant position may not be transferred from one county entity, department,
division, program, classification, or principal function to another without prior approval by County
Council when the transfer would materially change duties or classification, increase compensation or
benefits beyond existing authority, establish or expand a county service or program, continue a position
after outside funding expires, or circumvent this article.
(c) Position authority belongs to the approved classification and organizational unit and may not be
treated as an unrestricted personnel allowance.
Sec. 2-557. Independent contractors and circumvention prohibited.
(a) No county entity may avoid this article by designating an employee or employment relationship as
an independent contractor, consultant, professional-service provider, temporary-agency worker, leased
employee, compensated volunteer, employee of a foundation or nonprofit organization, or any similar
designation.
(b) In determining whether an arrangement constitutes a position, the County shall consider the degree
of control exercised over the individual’s work, whether the duties are continuing or indefinite, whether
the individual performs substantially the same duties as a county employee, whether the services are
integral to an ongoing county operation, whether the County provides workspace, equipment,
supervision, scheduling, or administrative support, whether the individual represents the County to the
public, whether compensation is based primarily on time worked rather than completion of a defined
deliverable, and applicable federal and state standards.
(c) A bona fide independent contractor performing a defined service or delivering a specified work
product under a procurement or professional-services agreement is not a position solely because the
contractor provides services to the County.
(d) No contract may be used to provide continuing personnel services when the arrangement’s primary
purpose or effect is to avoid Council authorization of a position.
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(e) A contract that would provide the functional equivalent of a continuing county position for more
than six months must specifically disclose that fact to County Council before approval or execution.
Successive contracts, amendments, renewals, or changes in vendors must be considered together.
Sec. 2-558. Elected officials and positions controlled by state law.
(a) This article shall not be interpreted to interfere with the constitutional or statutory authority of an
elected official to select, appoint, supervise, discipline, or discharge personnel.
(b) Except where general law expressly provides otherwise, positions funded, compensated, insured,
classified, or administratively supported by the County remain subject to County Council’s
appropriation authority, the total position authorization established by County Council, countywide
personnel and compensation policies lawfully applicable to the position, and the reporting requirements
of this article.
(c) When general law mandates the existence, number, compensation, or appointment of particular
personnel, that law controls to the extent of any direct conflict.
(d) The County Administrator and County Attorney shall identify any position believed to be wholly or
partially exempt and provide County Council with the legal basis for the exemption.
Sec. 2-559. Boards, commissions, authorities, and component units.
(a) A county board, commission, authority, institution, or component unit does not possess independent
authority to create a county position merely because it possesses authority to manage a county function,
select or appoint staff, receive or expend grants or other revenues, adopt an internal budget, enter into
contracts, or recommend personnel or organizational changes.
(b) Unless general law expressly provides otherwise, all positions within such an entity must be included
in the position authorization and classification schedule approved by County Council.
(c) After County Council authorizes a position, the board, commission, authority, or other entity
possessing lawful appointment and personnel authority retains that authority, subject to applicable law
and county policy.
(d) Nothing in this section authorizes County Council or an individual council member to direct the
selection, supervision, discipline, or discharge of a specific employee when such authority is vested
elsewhere by law.
Sec. 2-560. Temporary and emergency personnel.
(a) The County Administrator may authorize temporary or seasonal personnel only within the number of
positions, total full-time-equivalent authority, total compensation authority, and duration approved by
County Council.
(b) In response to a declared emergency affecting life, health, safety, or property, the County
Administrator may employ temporary emergency personnel without prior position authorization when
the employment is reasonably necessary, delay would materially impair the response, the employment
does not exceed sixty days unless extended by ordinance, and written notice is provided to County
Council within five business days identifying the number of individuals, duties, duration, funding
source, and estimated cost.
(c) This section does not authorize the establishment of a permanent or continuing position without
Council approval.
Sec. 2-561. Certification and reporting.
(a) The County Administrator, Human Resources Director, and Finance Director shall establish
administrative procedures necessary to enforce this article.
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(b) Before an individual is added to the County payroll or benefit system, Human Resources and
Finance shall verify that the position is authorized, assigned to the correct county entity and
classification, supported by sufficient compensation authority, funded through a lawful and available
source, and subject to any documented expiration date or condition.
(c) No salary, benefit, stipend, allowance, or other personnel expense may be paid for an unauthorized
position.
(d) The County Administrator shall provide County Council with a position report at least quarterly
showing authorized positions by county entity, filled and vacant positions, full-time-equivalent totals,
positions funded wholly or partially by outside funds, positions scheduled to expire within twelve
months, material reclassifications, temporary emergency personnel, and any variance or suspected
noncompliance.
(e) Each county entity shall provide information requested to verify compliance.
Sec. 2-562. Effect of unauthorized action.
(a) An administrative action, internal approval, job posting, offer, appointment, employment agreement,
funding transfer, or other commitment made in violation of this article does not bind the County beyond
the extent required by applicable law.
(b) Upon discovering a suspected violation, the County Administrator shall prevent additional
expenditures to the extent legally permissible, notify the Chairman of County Council and County
Attorney, determine the legal, financial, and personnel consequences, present a corrective-action
recommendation to County Council, and take lawful administrative action to prevent continued
noncompliance.
(c) Nothing in this section eliminates any right afforded to an affected employee under state or federal
law, the County’s grievance procedure, an enforceable contract, or an applicable personnel policy.
(d) An employee shall not be personally penalized solely because the employee accepted or occupied a
position that the employee reasonably believed had been properly authorized.
Sec. 2-563. No entitlement or guarantee of employment.
(a) Authorization of a position does not guarantee that the position will be filled.
(b) Authorization of a position does not create a contract of employment, property interest in
employment, guarantee of continued funding, guarantee that the position will continue in a future fiscal
year, or limitation upon lawful appointment, supervision, discipline, or discharge authority.
(c) All positions remain subject to funding availability, applicable law, County personnel policies, and
future legislative action by County Council.
Sec. 2-564. Construction.
(a) This article shall be construed to preserve the lawful separation between County Council’s
legislative, fiscal, organizational, appropriation, position-authorization, and policy-making authority and
the administrative and personnel authority vested in the County Administrator, elected officials,
appointed boards, department heads, and other appointing authorities.
(b) When this article conflicts with a specific requirement of the Constitution or general law of the State
of South Carolina, the Constitution or general law controls only to the extent of the direct conflict.
(c) The receipt of funds carrying conditions imposed by federal or state law does not waive the
requirements of this article unless compliance is expressly prohibited by controlling law.

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Secs. 2-565—2-575. Reserved.
SECTION 2. Implementation.
The County Administrator, Human Resources Director, Finance Director, and County Attorney are
directed to take all lawful actions necessary to implement this ordinance and ensure that all county
positions are administered consistently with the positions authorized in the annual budget ordinance.
SECTION 3. Codification.
The provisions of Section 1 shall be codified in Chapter 2, Article VIII, sections 2-550 through 2-564, of
the Code of Ordinances of Oconee County, South Carolina. The Clerk to Council and the County’s
codifier may correct manifest typographical, grammatical, numbering, and cross-reference errors and
may make nonsubstantive formatting corrections necessary for codification, provided no substantive
change is made.
SECTION 4. Severability.
If any section, subsection, paragraph, sentence, clause, phrase, or provision of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, that determination shall not
affect the validity of the remaining portions. County Council declares that it would have adopted this
ordinance and each portion thereof irrespective of the fact that one or more portions may be declared
invalid or unconstitutional.
SECTION 5. Repeal of Conflicting Provisions.
All ordinances, resolutions, policies, practices, and prior actions in conflict with this ordinance are
repealed or superseded to the extent of the conflict. Any provision that is not in conflict remains in full
force and effect.
SECTION 6. Savings Clause.
Nothing in this ordinance shall be construed to impair a vested contractual right, eliminate an employee
grievance right established by law, or authorize an employment action contrary to state or federal law.
SECTION 7. Effective Date.
This ordinance takes effect immediately upon approval following third reading.

ORDAINED in meeting, duly assembled, this _____ day of ____________, 2026.
ATTEST:
Jennifer C. Adams
Clerk to Oconee County Council
First Reading:
Second Reading:
Third Reading:
Public Hearing:

2026-27

Matthew Durham
Chair, Oconee County Council

August 18, 2026
September 01, 2026
September 15, 2026
September 15, 2026

Page 8

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

ORDINANCE 2026-28

AN ORDINANCE TO AMEND SECTION 2-191, “APPOINTMENT;
DUTIES,” OF DIVISION 4, “COUNTY ATTORNEY,” OF ARTICLE III,
“OFFICERS AND EMPLOYEES,” OF CHAPTER 2, “ADMINISTRATION,”
OF THE OCONEE COUNTY CODE OF ORDINANCES, IN ORDER TO
REQUIRE COUNTY COUNCIL AUTHORIZATION BEFORE A COUNTY
AGENCY, COMMISSION, BOARD, DEPARTMENT, OR COMMITTEE
MAY EMPLOY OR RETAIN AN ATTORNEY OTHER THAN THE
COUNTY ATTORNEY; AND OTHER MATTERS RELATED THERETO.
WHEREAS, Oconee County, South Carolina (“County”), acting by and through the Oconee
County Council (“County Council”), is authorized by Sections 4-9-25 and 4-9-30 of the South
Carolina Code of Laws to enact ordinances necessary for the governance, administration, and
general welfare of the County; and,
WHEREAS, Section 2-191 of the Oconee County Code of Ordinances establishes the
position, duties, and responsibilities of the County Attorney; and,
WHEREAS, the County Attorney is responsible for providing legal services to County
Council, the County Administrator, and County departments and agencies; and,
WHEREAS, County Council finds that the centralized provision and coordination of legal
services promotes consistency in the County’s legal positions, protects the attorney-client
privilege, reduces unnecessary legal expenses, and ensures proper oversight of the expenditure of
public funds; and,
WHEREAS, County Council therefore desires to require its specific authorization before
any County agency, commission, board, department, or committee may employ, retain, contract
with, or otherwise engage an attorney other than the County Attorney.
NOW, THEREFORE, BE IT ORDAINED by the Oconee County Council, in meeting
duly assembled, that:
SECTION 1. AMENDMENT OF SECTION 2-191.
Section 2-191, “Appointment; duties,” of Division 4, “County Attorney,” of Article III, “Officers
and Employees,” of Chapter 2, “Administration,” of the Oconee County Code of Ordinances is
hereby amended to read as follows:
Sec. 2-191. Appointment; duties; retention of other attorneys.
The County Attorney shall be an employee of the County and shall be compensated on a
mutually agreeable basis, with the usual benefits of a County employee. The County Attorney
shall provide legal services to the County Council, the County Administrator, and County
departments and agencies. The County Attorney shall serve under the management of the County
Administrator, in coordination with, and pursuant to, the directives and policies of County
Council. The County Attorney may be subject to a contract of employment, to be executed by the
County Administrator on behalf of the County at the direction of the County Council.
No County agency, commission, board, department, or committee shall employ, retain,
contract with, or otherwise engage an attorney other than the County Attorney unless
specifically authorized by County Council. Any such authorization shall be granted by
2026-28

Page 1

motion, resolution, or ordinance duly approved by County Council and shall identify the
agency, commission, board, department, or committee authorized to obtain separate legal
counsel.
SECTION 2. EXISTING LEGAL REPRESENTATION.
Nothing in this Ordinance shall terminate or impair an existing contract for legal services that
was specifically approved by County Council before the effective date of this Ordinance. Any
renewal, extension, amendment, or replacement of such contract shall require specific
authorization by County Council in accordance with Section 2-191.
SECTION 3. CONFLICTING PROVISIONS.
All ordinances, resolutions, policies, and provisions of the Oconee County Code of Ordinances
that are inconsistent with this Ordinance are repealed or amended to the extent necessary to give
effect to this Ordinance.
SECTION 4. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase, or provision of this Ordinance is
held invalid or unenforceable by a court of competent jurisdiction, such determination shall not
affect the validity of the remaining portions of this Ordinance.
SECTION 5. CODIFICATION.
The provisions of Section 1 of this Ordinance shall be codified as part of the Oconee County
Code of Ordinances. Sections of this Ordinance that are temporary, transitional, or administrative
in nature need not be codified.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon approval following third reading by
County Council.
ORDAINED in meeting duly assembled this _____ day of __________________, 2026.

ATTEST:
Jennifer C. Adams
Clerk to Oconee County Council
First Reading:
Second Reading:
Third Reading:
Public Hearing:

2026-28

Matthew Durham
Chair, Oconee County Council

August 18, 2026
September 01, 2026
September 15, 2026
September 15, 2026

Page 2

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

ORDINANCE 2026-31
AN ORDINANCE TO AMEND CHAPTER 2, "ADMINISTRATION," OF THE CODE OF
ORDINANCES OF OCONEE COUNTY, SOUTH CAROLINA, BY ADDING DIVISION 4,
"APPOINTMENTS AND CONSTITUTIONAL OATHS," TO ARTICLE II, "COUNTY
COUNCIL," CONSISTING OF SECTIONS 2-96 THROUGH 2-101; TO ESTABLISH A
UNIFORM CONSTITUTIONAL OATH REQUIREMENT FOR CERTAIN PERSONS
APPOINTED BY OCONEE COUNTY COUNCIL; TO PROVIDE FOR ADMINISTRATION,
SUBSCRIPTION, FILING, AND RETENTION OF SUCH OATHS; TO REQUIRE THE
PROVISION OF A COPY OF THE CONSTITUTION OF THE UNITED STATES TO
CERTAIN PUBLIC OFFICIALS AND SWORN COUNTY PERSONNEL; TO PROVIDE
FOR TRANSITION, RATIFICATION, COMPLIANCE, AND OTHER MATTERS
RELATED THERETO.
WHEREAS, Article VI, Section 4 of the Constitution of the State of South Carolina provides that
officers of the State and its political subdivisions, before entering upon the duties of their respective offices,
shall take and subscribe the oath of office prescribed by Article VI, Section 5;
WHEREAS, Article VI, Section 5 of the Constitution of the State of South Carolina prescribes an oath
by which an elected or appointed officer affirms that the officer is duly qualified to exercise the duties of the
office, will faithfully discharge those duties, and will preserve, protect, and defend the Constitution of the State
of South Carolina and the Constitution of the United States;
WHEREAS, Oconee County Council appoints citizens to county boards, commissions, authorities,
committees, and other public bodies, and directly appoints or employs certain officials who exercise
governmental authority on behalf of Oconee County;
WHEREAS, County Council finds that persons entrusted by Council with governmental authority
should formally acknowledge their duty to preserve, protect, and defend the Constitutions under which that
authority is exercised;
WHEREAS, County Council further finds that elected county officeholders and sworn law enforcement
and public safety officers should be provided ready access to the Constitution of the United States; and
WHEREAS, County Council desires to codify these permanent requirements in a new Division 4,
"Appointments and Constitutional Oaths," within Article II, "County Council," of Chapter 2, "Administration,"
using a portion of the section numbers presently reserved.
NOW, THEREFORE, BE IT ORDAINED by the County Council of Oconee County, South Carolina,
duly assembled:
SECTION 1. CHAPTER 2 AMENDED.
Chapter 2, "Administration," of the Code of Ordinances of Oconee County, South Carolina, is amended by
adding Division 4, entitled "APPOINTMENTS AND CONSTITUTIONAL OATHS," to Article II,
"COUNTY COUNCIL," Sections 2-96 through 2-101, to read as follows:

2026-31

Page 1

DIVISION 4. - APPOINTMENTS AND CONSTITUTIONAL OATHS
Sec. 2-96. - Constitutional oath required.
(a) As a condition of appointment or service, as applicable, the following persons shall take and subscribe the
oath prescribed by Article VI, Section 5 of the Constitution of the State of South Carolina:
1. Each member appointed by Oconee County Council to a county board, commission, authority, committee,
or other public body created by Oconee County or otherwise subject to County Council's appointment
authority, except where the governing state law, enabling legislation, or intergovernmental agreement provides
otherwise;
2. The Oconee County Administrator;
3. The Oconee County Attorney;
4. The Clerk to Oconee County Council; and
5. Any other officer or position directly appointed by County Council that County Council expressly identifies,
at the time of appointment or reappointment, as exercising governmental authority on behalf of Oconee
County and as subject to this oath requirement. The Clerk to Council shall maintain a current list of positions
so identified.
(b) Every person newly appointed to a position covered by section 2-96 shall take and subscribe the oath
following appointment and prior to entering upon or assuming the duties of the office or position.
(c) Every person reappointed to a position covered by section 2-96 shall take and subscribe the oath following
reappointment and prior to entering upon or assuming the duties of the new term.
(d) Nothing in this article shall apply solely by reason of ordinary employment with Oconee County to
employees who are not directly appointed by County Council.
Sec. 2-97. - Form and administration of oath.
(a) The oath administered pursuant to this article shall be the oath prescribed by Article VI, Section 5 of the
Constitution of the State of South Carolina:
“I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this
State, to exercise the duties of the office to which I have been elected, (or appointed), and that I
will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the
Constitution of this State and of the United States. So help me God.”
(b) A person may take the oath by affirmation rather than by swearing. The concluding phrase “So help me
God” may be omitted when permitted or required by applicable law. No person shall be disqualified from
appointment or service on account of a lawful election to affirm or to omit that concluding phrase.
(c) The oath or affirmation shall be administered by a person authorized by law to administer oaths and in a
manner consistent with the Constitution and laws of the State of South Carolina.
Sec. 2-98. - Written subscription; filing and retention.
(a) Each person taking the oath shall sign a written copy of the oath.
(b) The written oath shall state the person's name; the office, position, board, commission, authority,
committee, or public body in which the person will serve; the date the oath was administered; the signature of
the person taking the oath; and the name, title, and signature of the person administering the oath.
(c) The original or an official copy of each subscribed oath shall be filed with the Clerk to Council.
2026-31

Page 2

(d) The Clerk to Council shall maintain the subscribed oaths as public records in accordance with the South
Carolina Public Records Act and applicable records-retention schedules, and such records shall be subject to
the South Carolina Freedom of Information Act.
Sec. 2-99. - Provision of Constitution of the United States.
(a) Oconee County shall provide a printed copy of the Constitution of the United States of America to:
1. Each person required to take the oath pursuant to section 2-96;
2. Each elected Oconee County officeholder;
3. Each sworn law enforcement officer employed by Oconee County or the Oconee County Sheriff's Office;
and
4. Each sworn or credentialed public safety officer employed by Oconee County in fire, rescue, emergency
medical services, emergency management, or another County public safety agency designated by County
Council.
(b) For purposes of this section, the distribution requirement does not extend to municipal officers or
employees, volunteer personnel, or personnel of another political subdivision unless County Council expressly
provides otherwise.
(c) The Clerk to Council shall ensure that copies required by this section are made available. For elected
officeholders and Council appointees, the Clerk shall provide the copy directly. For sworn law enforcement
and public safety personnel, the Clerk shall provide copies in sufficient quantity to the Sheriff or applicable
County public safety agency head, who shall distribute them to current personnel and thereafter to newly
sworn, hired, or credentialed personnel as part of the agency's onboarding or swearing-in process.
(d) County Council finds that providing the Constitution of the United States serves the public purpose of
ensuring that persons entrusted with governmental authority and public safety responsibilities have ready
access to the federal Constitution.
Sec. 2-100. - Compliance and construction.
(a) A person appointed or reappointed after the effective date of the ordinance adopting this article shall not
exercise the powers, cast a vote, or otherwise perform the official duties of the applicable appointment or
position until the oath required by section 2-96 has been taken and subscribed.
(b) A person appointed or reappointed after the effective date who fails or refuses to take and subscribe the
required oath within thirty (30) days after appointment or reappointment shall be deemed to have declined the
appointment, and the position shall be treated as vacant to the extent permitted by applicable law. If state law,
enabling legislation, or an intergovernmental agreement establishes a different procedure for qualification,
declination, removal, or vacancy, that authority shall control.
(c) Nothing in this article shall be construed to create a new constitutional office, to declare that any particular
position constitutes an office for purposes of Article VI of the South Carolina Constitution, to alter
qualifications established by state law, to affect the constitutional prohibition against dual office holding, or to
interfere with the authority of an independently elected official or another governmental entity.
(d) If general law, enabling legislation, or an intergovernmental agreement governing a particular office,
board, commission, authority, committee, or other public body conflicts with this article, the controlling law or
agreement shall govern to the extent of the conflict.
(e) A violation of this article shall not constitute a criminal offense or infraction and shall not be subject to the
general penalty provisions of section 1-7 of this Code.
2026-31
Page 3

Sec. 2-101—2-130. - Reserved.
SECTION 2. CURRENT APPOINTEES; TRANSITION.
(a) Each person serving on the effective date of this Ordinance in a position subject to the oath requirement
established by Section 2-96 shall take and subscribe the oath within ninety (90) days after the effective date.
Such persons may continue to exercise the duties of their positions during that ninety-day transition period.
(b) The prohibition against exercising official duties before taking the oath applies only to persons appointed
or reappointed on or after the effective date of this Ordinance and shall not suspend or interrupt the service of a
person who was already serving on the effective date during the transition period provided in subsection (a).
(c) To the fullest extent permitted by law, Oconee County Council hereby ratifies, confirms, and approves all
lawful official actions, votes, decisions, recommendations, and other acts previously taken by persons
appointed by County Council before the effective date of this Ordinance, notwithstanding the absence of a
subscribed oath required by this Ordinance.
(d) Nothing in this Section shall be construed as a determination or admission that any person serving before
the effective date of this Ordinance violated the Constitution or laws of this State, lacked authority to act, or
that any prior official action was invalid because the person had not taken or subscribed the oath required
prospectively by this Ordinance.
SECTION 3. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, phrase, or provision of this Ordinance is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 4. CONFLICTING PROVISIONS.
All ordinances, resolutions, policies, or portions thereof inconsistent with this Ordinance are repealed, revised,
or superseded to the extent of such inconsistency.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall become effective upon approval following third reading and public hearing as required
by law.
ORDAINED in meeting duly assembled this ___ day of ____________________, 2026.

ATTEST:
Jennifer C. Adams
Clerk to Oconee County Council
First Reading:
Second Reading:
Third Reading:
Public Hearing:

2026-31

Matthew Durham
Chair, Oconee County Council

September 01, 2026
September 15, 2026
October 06, 2026
October 06, 2026

Page 4

STATE OF SOUTH CAROLINA
COUNTY OF OCONEE

RESOLUTION 2026-12

A RESOLUTION AUTHORIZING THE WITHHOLDING OF FIFTY
THOUSAND DOLLARS ($50,000) IN DISTRICT 3 RECREATIONAL
FUNDING AND THE REALLOCATION OF SUCH FUNDS TO HELP
OFFSET INCREASED COUNTY EMERGENCY COMMUNICATIONS
AND DISPATCH COSTS DUE TO THE CITY OF SENECA CLOSING ITS
DISPATCH CENTER AND FAILING TO ASSIST OCONEE COUNTY
WITH CONSOLIDATION COSTS.
WHEREAS, Oconee County Council adopted Ordinance 2026-01, establishing the Oconee
County budget for Fiscal Year 2026–2027 and adopted Ordinance 2026-16 regarding Seneca
offloading dispatch operations onto the Oconee County Emergency Communications Center; and
WHEREAS, Section 20 of Ordinance 2026-01, located on page 15 of the Fiscal Year 2026–
2027 Budget Ordinance, expressly provides:
“County Council, at its sole discretion, has the authority to amend or withhold District Recreational
Funding for each district based on each district’s willingness to allow for broader opportunities for
expanded recreational participation. Council strongly supports the expansion of youth recreational
opportunities in Oconee County, and thus, will provide priority funding for those districts that
demonstrate their willingness to accommodate that goal.”; and
WHEREAS, Section 20 expressly grants Oconee County Council discretion to withhold
District Recreational Funding for individual County Council districts; and
WHEREAS, the City of Seneca has closed its municipal dispatch center, resulting in
additional emergency communications and dispatch responsibilities being assumed by the Oconee
County Emergency Communications Center; and
WHEREAS, the closure of the City of Seneca dispatch center resulted in an increase in
County dispatch call volume from approximately 200 calls per day to approximately 300 calls per
day, representing a 50% increase in daily call volume and additional needed staff; and,
WHEREAS, the increased call volume has materially increased the workload of County
dispatch personnel and has required Oconee County to hire additional personnel in order to provide
adequate staffing and maintain emergency communications services; and
WHEREAS, the additional personnel, salary, benefits, training, overtime, equipment, and
related operational expenses associated with the increased dispatch workload have created additional
costs to Oconee County taxpayers; and

RES. 2026-12

Page 1

WHEREAS, the County Council recognizes that emergency communications and 911
dispatch services are essential public safety functions and that adequate staffing of the County
Emergency Communications Center is necessary to protect the health, safety, and welfare of the
citizens of Oconee County; and
WHEREAS, County Council further recognizes that the increased workload being absorbed
by the County is directly associated with the closure of the City of Seneca’s municipal dispatch center
and the resulting transfer of dispatch responsibilities to the County; and
WHEREAS, County Council finds that the immediate need to maintain adequate emergency
communications and dispatch staffing constitutes a compelling County public safety priority and
warrants the withholding and reallocation of a portion of the District 3 recreational funding otherwise
available for Fiscal Year 2026–2027; and
WHEREAS, County Council determines, pursuant to the authority granted by Section 20 of
Ordinance 2026-01, that Fifty Thousand Dollars ($50,000) of District 3 recreational funding shall be
withheld for Fiscal Year 2026–2027; and as Ordinance 2026-16 codified that the total cost to the
County of absorbing Seneca’s dispatch operations is $240,000 per year for four years total, and
WHEREAS, County Council further determines that the withheld funds should be utilized to
partially offset the increased costs incurred by Oconee County in providing emergency
communications and dispatch services resulting from the closure of the City of Seneca dispatch center;
NOW, THEREFORE, be it resolved by the Oconee County Council:
Section 1. Exercise of Authority.
Pursuant to Section 20 of Ordinance 2026-01, Oconee County Council hereby exercises its authority
to withhold Fifty Thousand Dollars ($50,000) from the District 3 Recreational Funding appropriation
for Fiscal Year 2026–2027.
Section 2. Reallocation of Withheld Funds.
Pursuant to Section 6 of the Budget Provisos incorporated into Ordinance 2026-01, County Council
hereby approves the transfer of Fifty Thousand Dollars ($50,000) of existing Fiscal Year 2026-2027
appropriations from District 3 Recreational Funding to the County's E911 Communications (104)
budget. The District 3 Recreational Funding appropriation shall be reduced by $50,000, and the E911
Communications appropriation shall be increased by $50,000.
County Council finds that this transfer does not increase the total appropriations authorized for the
applicable fund, does not appropriate new or previously unbudgeted revenues, grants, or fund balance,
and is supported by available appropriated balances within the transferring budget unit.
The $50,000 in withheld District 3 recreational funding shall be used to partially offset the additional
costs incurred by the County as a result of the increased dispatch responsibilities and call volume
following the closure of the City of Seneca dispatch center.

RES. 2026-12

Page 2

Section 3. Permitted Uses.
The funds may be utilized for costs directly associated with the increased emergency communications
workload, including:
1.
2.
3.
4.
5.
6.

Additional dispatch personnel;
Salaries and employee benefits;
Overtime;
Training;
Dispatch equipment and technology; and
Other necessary operating expenses directly attributable to the increased dispatch workload.

Section 4. Public Safety Determination.
County Council finds that the increase of approximately 100 additional calls per day has created a
significant increase in the workload of the County Emergency Communications Center and has
required the County to increase staffing.
County Council further finds that maintaining sufficient emergency communications personnel and
resources is an essential public safety responsibility and that the use of $50,000 for this purpose is in
the best interest of the citizens of Oconee County.
Section 5. Budgetary Action.
Consistent with Ordinance 2026-01 and applicable South Carolina Law, the County Administrator
and Finance Department are hereby authorized and directed to make all budgetary and accounting
entries necessary to implement the transfer approved by this Resolution, including reducing the
District 3 Recreational Funding appropriation by $50,000 and increasing the E911 Communications
appropriation by $50,000. This Resolution constitutes the prior approval of County Council required
by Section 6 of the Budget Provisos incorporated into Ordinance 2026-01.
Section 6. Effective Date.
This Resolution shall become effective immediately upon adoption.

ADOPTED this ____ day of ________________, 2026.

SIGNATURE PAGE TO FOLLOW

RES. 2026-12

Page 3

OCONEE COUNTY , SOUTH CAROLINA

_____________________________
Matthew Durham
Chair, Oconee County Council
_____________________________
Don Mize, Vice Chairman
_____________________________
John Elliott, Council Member
_____________________________
Thomas James, Council Member
____________________________
Glenn Hart, Council Member
ATTEST:

_____________________________
Jennifer C. Adams
Clerk to Oconee County Council

RES. 2026-12

Page 4

AGENDA ITEM SUMMARY
OCONEE COUNTY, SC
COUNCIL MEETING DATE September 1, 2026
COUNCIL MEETING TIME: 6:00 PM____
ITEM TITLE [Brief Statement]:
Council consideration to approve an ordinance agreement between Project Fox and Oconee County to locate a new
manufacturing operation in Oconee County.
BACKGROUND DESCRIPTION:
Project Fox is an international manufacturer of products used in the food processing and healthcare delivery sectors.
Oconee County is one of several communities the project is considering for the new operation. The project is
anticipated to have a capital investment of $75 million and create twenty-five new jobs. The Oconee Economic
Alliance (OEA) has been working with this competitive project since 2025. The OEA has recommended a property
tax incentive package and sale of county owned industrial land for the project in an effort to secure Project Fox’s
commitment to locate in Oconee County. The OEA is recommending the following county incentives for the project:
1. A 30-Year Fee-In-Lieu-of-Taxes (FILOT) agreement with a fixed property assessment rate of 6% and
millage rate of 281.7 mills.
2. A 15-Year Special Source Revenue Credits (SSRC) that provides an annual abatement of 50% of the FILOT
payment.
3. Sale of Oconee County owned industrial land (size to be determined) at a price of $5,000/acre.
SPECIAL CONSIDERATIONS OR CONCERNS [only if applicable]:
•

Project Fox is a well-established and financially strong company that supports critical and strategically
important business sectors in the U.S.

•

The project is a significant investment in the Oconee County.

•

The jobs created by the project will have an average salary of approximately $58,000.

•

The project will bring development to an area that has lacked the business growth experienced in other areas
of Oconee County.

FINANCIAL IMPACT [Brief Statement]:
•
•

The project is expected to generate in total property taxes (after incentives) an estimated $2,900,000 over 10
years, $4,600,000 over 20 years and $6,800,000 over 30 years.
The FILOT and SSRCs are estimated to provide Project Fox with a property tax savings of $4,100,000 over
30 years or 38%.
Check here if Item Previously approved in the Budget. No additional information required.

Approved by:

________Finance

ATTACHMENTS
STAFF RECOMMENDATION [Brief Statement]:
It is the staff’s recommendation that Council approve the ordinance for Project Fox.
Council has directed that they receive their agenda packages a week prior to each Council meeting, therefore, Agenda
Items Summaries must be submitted to the Administrator for his review/approval no later than 12 days prior to each
Council meeting. It is the Department Head / Elected Officials responsibility to ensure that all approvals are obtained
prior to submission to the Administrator for inclusion on an agenda. A calendar with due dates marked may be
obtained from the Clerk to Council.

Submitted or Prepared By:
__________________________
Jamie Gilbert, Economic Development Director

Approved for Submittal to Council:
_____________________________________
Stewart Jones, County Administrator

Council has directed that they receive their agenda packages a week prior to each Council meeting, therefore, Agenda
Items Summaries must be submitted to the Administrator for his review/approval no later than 12 days prior to each
Council meeting. It is the Department Head / Elected Officials responsibility to ensure that all approvals are obtained
prior to submission to the Administrator for inclusion on an agenda. A calendar with due dates marked may be
obtained from the Clerk to Council.

MEMORANDUM OF UNDERSTANDING
Date: September 1, 2026
This Memorandum of Understanding (MOU) is entered into between Oconee County Emergency
Services and the Corinth Shiloh Fire District.
The purpose of this agreement is to allow the Corinth Shiloh Fire District to operate under the
medical direction of Oconee County Emergency Services and to temporarily utilize the South
Carolina Department of Health Emergency Medical Services (EMS) license held by Oconee
County Emergency Services, as well as the South Carolina Labor, Licensing and Regulation
(SCLLR) EMS Non-Dispensing Drug Outlet Permit, as applicable.
This agreement is intended to provide temporary authorization and medical oversight while the
Corinth Shiloh Fire District completes the process of obtaining its own licensure from the South
Carolina Department of Health and the appropriate permits from SCLLR.
This MOU shall remain in effect until December 31, 2026, or until such time that the Corinth
Shiloh Fire District obtains its own EMS licensure and required permits, whichever occurs first.
Both parties agree to comply with all applicable state regulations, medical protocols, and
operational guidelines governing Emergency Medical Services within the State of South
Carolina during the term of this agreement.
Signatures
________________________________________

Date:

Dave Scheuerer
Fire Chief, Corinth Shiloh Fire District

________________________________________

Date:

Michael Carroll
EMS Director, Oconee County Emergency Services

________________________________________
Dr. Gerald Beltran,
Medical Director

Date:

SATURDAY, JANUARY 10, 2026

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PUBLISHERS NOTICE
All real estate advertising In this news•
�r Is sublect 1D Federal Fair Hous·
Ing Ad of 1968 which makes It Illegal
1Dadvertise "any preference, limitations
or discrimination" based on race, color,
religion, sex, handicap, famlnal Slatus
or national origin, or Intention 1D make
any such preference, limitation or dis­
crimination.• This newspaper will not
knowingly accept any advertising for
real eSlate which Is in violation of the
law. Our readers are hereby Informed
that all dwellings advertised In this
newspaper are avallable on an equal
opportunity basis.

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LEGALS

and Environme1... ..
struction In N� W1
remove 1n cubic yams � by uslng
an excavator on a barge Al8 edge of
the shoreline and transported by barge
1D the off-load staging area The silt will
be removed from l.flder and arot.nl
the privately owned dock located at
122 l=alr Haven Ct In Seneca, SC on
Lake Keowee. Comments will be re­
ceived by South Carolina Department
of health and Environmental Control
at 2600 Bull St, Columbla SC 29201,
ATTN: Charles Hightower, DlvlsJon of
Water Quality, untJ1 Janua,y 23, 2025.
Public Notice
Sharon SWindale has applied 1D the
South Garollna Department of Health
and Environmental Control for a Con­
struction In Navigable Waters Pennit 1D
remove 256 cubk yams of silt by uslng
an excavator on a barge at the edge of
the shoreline and transported by barge
1D the off-load staging area The silt will
be removed from under and around
the privately owned dock located at
13058 Janda Road In Seneca, SC on
Lake Keowee. Comments will be re­
ceived by South Garolina Department
of healtfi and Environmental Control
at 2600 Bull St, Columbia SC 29201,
ATTN: Charles Hightower, Division of
Water Quality, until January 23, 2025.
The Oconee County Aeronautics
Commission meeting scheduled for
Thursday January 29, 2026 has been
canceled.
The meeting will Instead be held on
Tuesday JanU8J)' V, 2026 at 3:30 pm
In the Oconee County Chambers locat­
ed at 415 S. Pine St., Walhalla, SC.
MEETING NOTICE OF THE PIO­
NEER RURAL WATER DISTRICT
5500 West-Oak Hwy., Westminster,
SC
Tuesday Januaiy 13, 2026 @ 3:00 pm

Agenda·
Callio Order
Concerns of the District
Limited: 2 citizens per meeting. for 5
minutes,
prior scheduling required.
Agenda & Non Agenda Items: Com­
bined both
are limited to a total of forty (40)
minutes, lour
(4) minutes per person.
ADoroval of Minutes
Finaroal Report/ System Report
Treatment Plant PER Discussion
Old Business
New Business
Adjourn

the following dates: April 7, June 18,
August 18, & October 06, 2026.
The Budget, Finance, & Admlnistra·
lion Committee at 9:00 am. on the
following dates: Friday, February 20th
[Stralsglc Planning Aetreat], Friday, •I
February 27th (Budget Workshop)
and 4:30 p.m. on thelollowing dales: . •
March 3, April 21, & May 5, 2026.
The Corinth-Shiloh Fire Commission
will meet during 2026 on the third
Thursday of each month. All Cornmls·
sion meetings, unless otherwise
noted, wiU be held at the Corinth-Slj.
loh Fire Department, 940 Old Clemson
Highway, Seneca, SC 29672, at 6:00
p.m. In the training room.

The Oconee County Council will meet
In 2026 on the first and third Tuesday
of
each month with the following excep­
tions:

The Commission will hold two budget
W0l1<shops on Tuesday, February i2,
and Tuesday, March 6, at 6:00 p.m. at
the lire department The annual
budget meeting will be held on Tu.lr&day, March 19, 2026, at 6:00 p.m.

June and November meetings, which
will be
onty on the third Tuesday of each of
these
months; October and December
meetings, which will be only on the first
Tuesday of each of these
months.
All Council meetings, unless otherwise
noted, are held In Council Chambers,
Oconee County Administrative Offices,
415 South Pine Street,
Walhalla, South Carolina.
Oconee Coooty Council will also hold
a Planning Retreat begimlng at 9:00
am. on Friday, February 20, 202610
establish short- and long-t81Tll 110815Thls meeting will be held off-site at
Tn-Cot.rny TectvllcaJ College, Oconee .
1
Campus,
conference room located at 552
Education w
nster, South
��
Oconee County Council wffi also
meet on Tuesday, JanU8J)' 5, 20V In
Council Chambers at which point they
will establish their 20V Council and
Committee meeting sched�.
Additional CoUOCl1 meetings, WOl1<·
shops, and/or committee meetings
may be added lhroi.ghout the year as
needed.
Oconee County Council Committees
will meet In 2026 prior 1D County
cil meetings on the following dates/
�
times In Courx:11 Chambers located
at
415 South Pine Street, Walhalla,
Carolina unless othelwlse advertised.
The Law Enforcement, Pl.Dile Safety,
Health, & Welfare Corrvnittee at 4:30
p.m. on the following dates: February
17, May 19, July 21, &&n1);
September 15, 2026.
The Transportation Committee at 4:30
p.m. on the following dates: February
17, May 19, July 21, & September 15,
2026.
The Real ES1ate, Facilities, & Land
Management Commltt9e at 4:30 p.m.
on the following dates: Apn1 7, June
16, August 18, & October 06, 2026.
The P1amlng & Economic Development Committee at 4:30 p.m. on

Add"rtlonal Commission meetings •
and/or W0l1<shops may be scheduled
throughout the year as needed. A
monthly schedule Is available at the
fire depal1ment.

I.

Members of the Commission are
Invited 1D attend Corinth-Shiloh
Volunteer Rre Department meetings,
trainings, and community activities.
These events will have no Cornmfs.
sion agenda items and no Commis·
slon action will be taken. The monthly , j'
department meeting Is held on the
first Monday of each month. Training
Is held on the thild Monday of each
month, as well as the Satu"day �
lowing the third Monday. A monthly
schedule of activities, lnduding dales
and times,
Is available at the fire department.
Several fire department oeremonies ,
are plamed for 2026, 1D which the Are
Commission Is Invited. These events ,
will have no Coovnisslon agenda items ..
and no Commission action wiR be � .
taken. Scheduled events loclude Meet � '
�
the Chief on JanU8J)' 15 from 5:00
p.m. to 6:00 p.m., and
the Transfer of Command on Friday, 1
February V, at 6:00 p.m. Sooimer
and tan family events, Station ()pen
Houses and other C0ITll1lUl1lty tire
department events, and the annual
Chrislmas dimer has not yet been
scheduled. Once
finalized, dales, times, and locations •
will be available at the fire department
These events will have no Commis- - sion agenda Items and no Commisslon :
action will be taken.
Commission agendas win be available
and publicized no later than the day
prior 1D the scheduled meeting and«
wor1<shopat
www.c:orinthshllohf.com. Al meetings �
and W011<shops, wflh the exception of
executive sessions, are open 1D the
.e!!!!!_lc.

ICLASSIFIEDS WORK!I�;

--��-�-�-�����___:___::·<'

Oconee County
Council

The Oconee County Council will meet in 2026 on the first and third Tuesday of each
month with the following exceptions:
• June and November meetings, which will be only
on the third Tuesday of each of these months;
• October and December meetings, which will be
only on the first Tuesday of each of these months.
All Council meetings, unless otherwise noted, are held in Council Chambers,
Oconee County Administrative Offices, 415 South Pine Street, Walhalla, South
Carolina.

Oconee County
Administrative Offices
415 South Pine Street
Walhalla, SC 29691
Phone: 864-718-1023
Fax: 864 718-1024
E-mail:

[email protected]

John Elliott
District I

Matthew Durham
Chairman
District II
Don Mize
Vice Chairman
District III

Thomas James
Chairman Pro Tem
District IV
J. Glenn Hart
District V

Oconee County Council will also hold a Planning Retreat beginning at 9:00
a.m. on Friday, February 20, 2026 to establish short- and long-term goals. This
meeting will be held off-site at Tri-County Technical College, Oconee Campus,
conference room located at 552 Education Way, Westminster, South Carolina.
Oconee County Council will also meet on Tuesday, January 5, 2027 in
Council Chambers at which point they will establish their 2027 Council and
Committee meeting schedules.
Additional Council meetings, workshops, and/or committee meetings may
be added throughout the year as needed.
Oconee County Council Committees will meet in 2026 prior to County
Council meetings on the following dates/times in Council Chambers located at 415
South Pine Street, Walhalla, South Carolina unless otherwise advertised.
The Law Enforcement, Public Safety, Health, & Welfare Committee at
4:30 p.m. on the following dates: February 17, May 19, July 21, &
September 15, 2026.
The Transportation Committee at 4:30 p.m. on the following dates: February
17, May 19, July 21, & September 15, 2026.
The Real Estate, Facilities, & Land Management Committee at 4:30 p.m. on
the following dates: April 7, June 16, August 18, & October 06, 2026.
The Planning & Economic Development Committee at 4:30 p.m. on the
following dates: April 7, June 16, August 18, & October 06, 2026.
The Budget, Finance, & Administration Committee at 9:00 a.m. on the
following dates: Friday, February 20th [Strategic Planning Retreat], Friday, February
27th [Budget Workshop] and 4:30 p.m. on the following dates: March 3, April 21, &
May 5, 2026.

From:
To:
Subject:
Date:
Attachments:

Dan . Ezell
Jennifer C. Adams
Proposed ordinance 2026-27
Tuesday, September 1, 2026 12:02:32 PM
County Council 2026-27.pages

As a resident of Oconee County, district 5, and a volunteer, I am opposed to the creation of
Proposed ordinance 2026-27. Please provide the attached to County Council members prior to
their upcoming deliberation on the matter
Members of County Council,
I oppose Ordinance 2026-27.
While I understand the desire for accountability and consistency, I believe this ordinance moves too far into
the day-to-day management of county operations. County Council's proper role is to establish policy,
approve budgets, and provide oversight. Department heads and county administration should retain the
flexibility necessary to manage staffing and organizational needs.
I am particularly concerned that requiring Council approval for all positions, regardless of funding source,
may create unnecessary delays and reduce the ability of departments to respond quickly to changing
circumstances. If a department receives a grant, restricted funding, or other revenue specifically intended for
staffing, that department should have reasonable authority to utilize those funds within approved budgetary
and administrative guidelines.
This ordinance appears to centralize personnel decisions that are often best made by the professionals
responsible for running county departments. In doing so, it risks creating additional bureaucracy, reducing
organizational flexibility, and slowing the delivery of county services.
I encourage Council to consider whether existing budget oversight and personnel policies already provide
sufficient accountability without imposing additional layers of approval and control.
Thank you for your consideration. Dan Ezell, 1540 Fort Hill Drive, Seneca, SC 29678