Prior to 1970, the Spartanburg County Jail was part of the Spartanburg County
Sheriff’s Office with the Sheriff appointing all of the jailors pursuant
to his authority under applicable South Carolina State Law. Then in 1971,
then Spartanburg County Sheriff Charles P. Alverson, with the approval of
the Spartanburg County Board of Commissioners and the County Delegation
transferred control of the jail and the appointment of the chief jailor
(warden) to the County Board of Commissioners. The appointment of a warden to
oversee the jail continued until June 10, 1981, at which time the ordinance
establishing the jail was changed to comply with Section 24-5-12 of the South
Carolina Code of Laws.
Section 24-5-12 of the South Carolina Code of Laws
Notwithstanding the provisions of Section 24-5-10 or any other provision of law,
the sheriff of any county may, upon approval of the governing body of the county,
devolve all of his powers and duties relating to the custody of the county
jail and the appointment of a jailer on the governing body of the county;
provided, a sheriff who has been defeated in a primary or general election
may not devolve said duties on the governing body of the county.
As a result of this statute, the Spartanburg County Council (renamed from the
Board of Commissioners) drafted county ordinance #229, abolishing the
Officer of Warden and establishing the Department of County Detention with
an appointed head referred to as Director. The ordinance reads as follows:
Section 46-31. Findings of council.
(a) The county council finds that by the language and
objective of S.C. Code 1976, §24-5-12, the general assembly intended to
permit an alternative method for the organization and operation of county
jails or detention facilities under the county council, which alternative
operation would be invested with the same authority of law as would the
operation of the county jail by the sheriff. For this reason S.C. Code 1976,
§24-5-12, specifically devolved all of the powers and duties of the sheriff relating
to the custody of the county jail and the appointment of jailers on the
county council. An important and necessary attribute of the sheriff's
authority in the operation of a county jail is his power to appoint officers
and deputies to serve at the pleasure of the sheriff without the limitations
of S.C. Code 1976, §8-17-110 et. seq., providing for county employee
grievance procedures, to ensure loyalty and discipline in this dangerous
area of law enforcement. The county council finds that in order to invest
the alternative method with similar authority of law, the general assembly
intended to and did by virtue of S.C. Code 1976, §24-5-12, devolve upon
the county council the same power of appointment at the pleasure of the
county council as was possessed by the sheriff. Since in the operation of
the jail the personnel will be called upon to exercise the same authority
and duties vested in jailers or deputies of the sheriff, the county council
may assume the custody and operation of the county jail or detention
facility, create a department for that purpose and delegate to the head of
that department the power and authority to appoint officers for the
operation of the county jail or detention facility to serve at the pleasure
of the head of that department.
(b) The county council finds, as a result of its own investigations and
study and as a result of investigations by state agencies, that the proper
and effective operation of the county detention facility requires
organization as a department, supervisory authority, powers and duties
similar to the sheriff's department but unlike other departments or offices
of the county government. To the same extent required by the sheriff's
department the operation of the county detention facility requires of its
officers and personnel loyalty, discipline, strict obedience and special
diligence. In order to provide the same, the county council finds that it is
necessary to promulgate special personnel policies for the employment,
appointment and discharge of officers of the jail, so as to provide that
they shall serve during the pleasure of the head of the department of county
detention and not be subject to S.C. Code 1976, §8-17-110 et seq., or any
of the limitations or provisions of the county employee grievance
procedures. (Code 1980, §2-122)
Section 46-32. Established; personnel.
The department of county detention is hereby established and all powers and
duties relating to the custody and operation of the county detention
facility are assumed by the county council pursuant to this article. The
county sheriff has devolved all powers and duties relating to the custody
and operation of the county jail upon the county council, including the
power of appointment of officers to serve during the pleasure of the head of
the department of county detention. The county council does hereby authorize
and empower the head of the department of county detention to appoint and,
with the concurrence of the county administrator, discharge officers for the
operation of the county detention facility. (Code 1980, §2-123)
Sec. 46-33. Oath of office.
(a) Each officer appointed by the head of the department of
county detention, before entering upon the discharge of his duties, shall
sign the following oath or affirmation:
I solemnly swear (or affirm) that during my term of office, I shall serve at
the pleasure of the head of the department of county detention, with the
concurrence of the county administrator, and shall be alert and vigilant to
carry out all of the duties of the office, shall strictly obey all orders
and instructions of the head of the department of county detention, shall
report to the head of the department all violations of the rules and
regulations of the county detention facility, and shall conduct myself at
all times with loyalty to my office, and not be influenced in any manner on
account of personal bias or prejudice. So help me, God.
(b) The form of such oath shall be filed with and kept by the head of the department.
(Code 1980, §2-127)
Sec. 46-46. Appointment; authority generally.
The head of the department of county detention shall be appointed by the county
administrator on behalf of the county council, and he shall serve at the
pleasure of the county administrator. The head of the department of county
detention shall be answerable to the county administrator for the proper and
efficient operation of the county detention facility and all of its
personnel. To the fullest extent permitted by S.C. Code 1976, §24-5-12,
the powers and duties of a deputy are hereby devolved upon the head of the
department of county detention and his status shall be similar to status of
a deputy appointed by the sheriff, so that his term shall be at the pleasure
of the county administrator, not subject to S.C. Code 1976, §8-17-110 et
seq., or any of the procedures for county employee grievances. The head of
the department shall not be considered a permanent employee of the county
within the meaning of S.C. Code 1976, §8-17-110 et. seq.(Code 1980, §2-124)
Sec. 46-47. Powers and duties generally; appointment of officers.
The head of the department of county detention is hereby authorized to appoint
such officers for the custody and management of the county detention
facility as may be provided in the county appropriation ordinance. To the
fullest extent permitted by S.C. Code 1976, §24-5-12, the powers and
duties of deputies shall be devolved upon the officers appointed by the head
of the department, and their status shall be similar to the status of
deputies appointed by the sheriff, so that their terms shall be at the
pleasure of the head of the department of county detention with the
concurrence of the county administrator, not subject to S.C. Code 1976, §8-17-110 et. seq.,
or any of the procedures for county employee grievances.
The officers appointed by the head of the department shall not be considered
permanent employees of the county, within the meaning of S.C. Code 1976, §8-17-110 et. seq.
The head of the department of county detention shall in all
cases be answerable for the neglect of duty or misconduct in office of all
such officers appointed pursuant to this section. Upon appointment of the
head of the department and his appointment of officers of that department,
the sheriff shall be requested to appoint such officers to be approved by
the judge of the circuit court or any circuit judge presiding therein, with
such appointment to be evidenced by a certificate thereof, signed by the
sheriff, the same as deputies appointed for the sheriff's department. The
sheriff shall in no case be answerable for neglect of duty or misconduct in
the office of any such deputy or officer of the county detention department.(Code 1980, §2-125)
Sec. 46-48. Control of detention facility; discharge of officers.
The department of county detention shall have the custody and control of the
county detention facility and all persons committed thereto according to
law. To the fullest extent permitted by law, the county council devolves
upon the head of the department of county detention the authority and power
to discharge at his pleasure, with the concurrence of the county
administrator, any officers appointed by him pursuant to this article. The
county council shall be deemed to have ratified such appointments and discharges.(Code 1980, §2-126)
Since separating from the Sheriff’s Office in 1971, the following individuals
have served as chief jailers (Warden/Director):
Joe Walker
Mr. Joe Walker was the first appointed warden. Having retired from the
military, Mr. Walker served as a deputy/investigator with the
Spartanburg County Sheriff’s Office prior to his appointment as the
first warden in 1971. Mr. Walker served as warden until 1975, at which
time he left government service and entered the private sector.
Cliff Edwards
Mr. Cliff Edwards was appointed warden in 1975 and served until 1978.
Having served as a deputy/investigator with the Spartanburg County
Sheriff’s Office, Mr. Edwards also worked in other county
departments, specifically the County Supervisor’s Office until his election as Mayor in
the Town of Chesnee, South Carolina.
Merle Ballew
Mr. Merle Ballew served as deputy warden until Mr. Edward’s resignation
at which time he was appointed acting warden. Mr. Ballew served as
acting warden until Ronnie Morris was hired as warden. Later, Mr.
Ballew was appointed acting warden a second time following Mr.
Morris’s resignation, and he remained acting warden until Mr. Bill
Henderson was hired as warden. Mr. Ballew remained employed at the
jail until his retirement in 1984. Upon his retirement, Mr. Ballew
served as a part-time police officer with the Town of Landrum, South Carolina until his death.
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Ronnie Morris
Mr. Ronnie Morris served briefly as jail warden from 1979-1980. Formerly
of the Mecklenburg County Police Department in North Carolina, it is believed that Mr.
Morris returned there after his resignation as jail warden.
William Henderson
Mr. William Henderson, formerly employed as an officer with the South
Carolina Department of Corrections was appointed jail director
sometime around 1980 and subsequently resigned in 1982.
Larry W. Powers
Mr. Larry W. Powers, the current jail director, was employed on April 12, 1982. Prior
to his employment as jail director, he served as an auxiliary
policeman with the Spartanburg Auxiliary Police from 1972 to 1973.
Later, while attending Spartanburg Junior College studying Police Science, Mr.
Powers was appointed a South Carolina State Constable and served in that capacity
until hired by Sheriff Charles P. Alverson as a deputy sheriff. While working
full-time as a deputy, Mr. Powers attended the University of South Carolina Spartanburg
and received his Bachelor’s Degree in 1976. In 1976, he was
appointed one of the first three deputies to hold the rank of sergeant
in the history of the Sheriff’s Office. In 1978, then Sheriff Larry
D. Smith, appointed Mr. Powers as Administrative Officer and later
promoted him to the rank of lieutenant. As Administrative Officer Mr.
Powers duties included the following: budget preparation; training;
supervising special operations (i.e. communications; reserve programs;
SWAT; Neighborhood Watch; internal investigation; other); fleet
operations; equipment inventory; etc. Mr. Powers attended graduate
school at the University of South Carolina in Columbia and received 15 hours of
post-graduate credits. He has attended numerous training courses and seminars
throughout his service. Mr. Powers is married and has two children. He attends
Nazareth Presbyterian Church and is honorably discharged from the U. S. Army
Reserves. (more)
