Could South Carolina's fisheries division director serve on the Atlantic States Marine Fisheries Commission?

Plain-English summary

In 2000, an assistant South Carolina Attorney General concluded that he could find no legal prohibition against appointing the Department of Natural Resources' fisheries division director to the Atlantic States Marine Fisheries Commission. He also said the division directorship did not appear to be an office for the state constitution's dual-office restriction.

The opinion described three South Carolina seats under § 50-7-10: the department director, a legislator designated through the interstate-cooperation commission, and a knowledgeable citizen appointed by the Governor with Senate advice and consent. The proposed appointment concerned the Governor's selection of the fisheries division director. The author did not determine whether the department had its own restrictions on employee service on boards or commissions. The letter was an informal opinion.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the opinion identify a law barring the fisheries division director's appointment? A: No. The author said he had located no statute or case prohibiting it.

Q: Did dual-office restrictions prevent the appointment? A: The author said the fisheries division directorship did not appear to be an office for dual-office purposes, so the constitutional restriction did not appear to bar the additional role.

Q: Did the opinion resolve Department of Natural Resources employment rules? A: No. It expressly left possible department restrictions on employee service on boards and commissions for the individual to check.

Background and legal framework

Senator Harvey Peeler asked about the Governor's choice for an interstate fisheries commission seat. The opinion set out South Carolina's three statutory commissioner positions and addressed whether the division director could receive the appointment. Its conclusion was limited to the legal prohibitions the author could locate and his view of the dual-office issue.

Citations and references

• S.C. Code Ann. § 50-7-10: South Carolina's commission-seat structure as quoted in the opinion.

Official title

Asking questions regarding the appointment of the Director of the Division of Fisheries of the Department of Natural Resources to the Atlantic States Marine Fisheries Commission.

Requester

The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-18-2000-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/00april-18-peeler.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
AITORNEY GENERAL

April 18, 2000

The Honorable Harvey S. Peeler, Jr.
Senator, District No. 14
213 Gressette Building
Columbia, South Carolina 29202
Re: Informal Opinion
Dear Senator Peeler:

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Your opinion request has been forwarded to me for reply. You advise that questions have arisen regarding the appointment of the Director of the Division of Fisheries of the Department ofNatural Resources to the Atlantic States Marine Fisheries Commission. You ask whether there are any legal prohibitions against such an appointment. Pursuant to S.C. Code Ann. § 50-7-10, there shall be three members, called the Compact Commissioners, of the Atlantic States Marine Fisheries Commission, from South Carolina. The first compact commissioner shall be the Director of the Department of Natural Resources, ex officio. The second compact commissioner shall be a legislator and member of the Commission on Interstate Cooperation, ex officio, designated by the Commission on Interstate Cooperation. The third compact commissioner shall be a citizen who has a knowledge of and interest in the marine fisheries problem. This commissioner is appointed by the Governor, by and with the advice and consent of the Senate. Here, the Governor has chosen to appoint the Director of the Division of Fisheries of the Department of Natural Resources. There does not seem to be any legal prohibitions against the appointment of such individual. I have been unable to locate any statutes or cases which would prohibit such an appointment. Further, it would not appear that the position of Director of the Division of Fisheries is an office for dual office holding purposes. Therefore, the dual office prohibitions of the state constitution would not appear to be

The Honorable Harvey S. Peeler, Jr.
April 18, 2000
Page 2
violated if the individual were appointed to another office. Of course, this individual may want to check with the Department of Natural Resources to determine whether there are any Department restrictions on employees serving on boards and commissions.

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This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With best personal regards, I am Sincerely yours,

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Paul M. Koch
Assistant Attorney General

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