As a plan to form a new town on James Island winds through the state review process, Sen. Glenn McConnell is proposing legislation that could help the effort.

McConnell's bill would eliminate a rule that requires newly formed towns to provide a certain level of police protection. Under the rule McConnell seeks to eliminate, the potential town on James Island could be required to cover the cost of hiring perhaps dozens of officers, and the taxes needed to pay for those police could be an issue if the effort to form a town moves ahead and James Islanders vote on incorporation.

The number of deputies that currently patrol the unincorporated areas of James Island fall well short of the required number under State Law Enforcement Division guidelines for new towns: two full-time certified officers for every 1,000 residents.

McConnell, R-Charleston, said a 2005 law that opened the door for a new incorporation effort on James Island was never intended to require new towns to have more police protection than they already receive as unincorporated areas.

"The intent of the bill was that they had to provide at least what was being provided (prior to incorporation), either directly or by contract," he said. "I happen to know, because I wrote the bill."

Two previous James Island incorporations were thrown out by the courts after Charleston challenged them on constitutional grounds. The 2005 law gives pro-incorporation forces another chance, but Charleston officials have promised another court fight if a town is formed.

"What all this shows is that the town of James Island cannot afford a police department," Charleston Mayor Joe Riley said after learning of McConnell's proposed legislation. "I think it's all just bad public policy."

Charleston County Sheriff Al Cannon Jr. has said the sheriff's office will continue to patrol James Island if a town is formed, at current staffing levels and at no charge to the town. Cannon has been looking into how many additional deputies would have to be hired to comply with SLED guidelines for new towns, but hasn't determined the answer, a spokesman said.

Riley says it would be unfair to county residents, and to smaller towns with their own police departments, for the sheriff's office to patrol a town with 20,000 or more residents at no cost to the town. Cannon has disagreed.

"Nobody, in my mind, benefits from another police force forming in Charleston County," he said in a recent interview.

There are now 12 deputies assigned to patrol the unincorporated areas of James Island, which means that at any given time of day, there are two or three on duty. Under the SLED guidelines, 39 full-time officers would be needed, and Cannon said each deputy costs about $75,000 when benefits are included.

Mary Clark, who was mayor of the town of James Island until the courts invalidated the town's incorporation in 2004, has said the policing requirement was a ploy by Riley and the Municipal Association aimed at blocking new incorporations.

If McConnell's bill is approved, a new town on James Island would need only what it already has - an agreement from Cannon saying his office will continue to patrol the area.

"I expect the bill to move rather quickly through the Senate," said McConnell, who plans to put it at the top of the list when the Judiciary Committee, which he chairs, meets in January.

He said his efforts are aimed at making sure James Islanders will have a chance to vote on whether to form a town.

Contact David Slade at 937-5552 or dslade@postandcourier.com.