Could an Allendale social services director keep the job while running for clerk of court?

Plain-English summary

Allendale County’s Department of Social Services director wanted to run for clerk of court while remaining employed by DSS until the election, with a plan to resign if elected. The AG said he knew of no general prohibition on running and no requirement that the director resign merely to become a candidate.

The opinion did not settle every possible agency rule. The AG recommended consulting a DSS attorney to check whether a local law or county or state DSS policy governed the situation.

Currency note

This opinion was issued in 2005. 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

Did the AG say the director had to resign before the election?
No. He was unaware of a general resignation requirement for this candidacy.

Did the opinion guarantee that DSS policy allowed the campaign?
No. The AG expressly advised checking for applicable local law and county or state DSS policy.

Did the AG address serving in both jobs after election?
No. The request said the director intended to resign from DSS if elected, so the letter addressed employment during the campaign.

Background and statutory framework

This brief opinion answered a candidacy question on the facts supplied. It identified no specific statute governing the director’s campaign and left possible local and agency restrictions for review by DSS counsel.

Citations and references

The original letter states: “I am unaware of any requirement that you resign as DSS Director in order to run for the position of clerk of court.”

Official title

Questioning whether a person may run for the position of clerk of court in Allendale County, while serving as County Director for the Department of Social Services.

Requester

Lee. E. Harley-Fitts, Director, Allendale County Department of Social Services

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-19-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05apr19harleyfitts.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATIDRNEY GENERAL

I
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April 19, 2005

Lee E. Harley-Fitts, Director
Allendale County Department of Social Services
611 Mulberry Street, Building A
Allendale, South Carolina 29810
Dear Mr. Harley-Fitts:
In a letter to this office you questioned whether you may run for the position of clerk of court in Allendale County. You are presently serving as County Director for the Department of Social Services. You indicated that you would like to maintain your employment with DSS until the election. You further indicated that if you were elected clerk of court, you would resign your position as DSS County Director.

Generally, there is no prohibition to an individual running for elective office. Moreover, I am unaware of any requirement that you resign as DSS Director in order to run for the position of clerk of court. I suggest, however, that you consult with a DSS attorney to insure that there is not a local law or a policy of the County or State Department of Social Services which might address this question. With kind regards, I am, Very truly yours,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

REMBERT

c. DENNIS 8UUDING • POST OFFICE Box 11549 • COLUMBIA, S.C. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283