Could one person serve on both Abbeville County’s hospital board and school board?

Plain-English summary

A legislator asked whether one person could sit on both the Abbeville County Memorial Hospital Board of Trustees and the county school board. The AG said prior opinions treated school trustees as public officers. The hospital board’s powers to acquire property, employ staff, set rates, and govern the hospital probably made its trustees public officers too. It therefore concluded that holding both seats would most probably contravene the constitutional dual-office restriction.

Currency note

This opinion was issued in 2004. 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: Was school-board membership a public office for this rule?
A: The AG said its prior opinions consistently treated county school trustees as officeholders.

Q: Why did the hospital trustees likely count as officers?
A: The AG pointed to their statutory authority over hospital property, personnel, rates, and operations.

Q: Did the AG give an absolute court ruling?
A: No. It expressed the view that simultaneous service would most probably violate the constitutional prohibition.

Background and statutory framework

Article XVII, Section IA prohibited simultaneous holding of two public offices, subject to listed exceptions. The opinion applied the sovereign-power test from Sanders v. Belue to the Abbeville hospital board and compared it with earlier opinions on school boards and other hospital boards.

Citations

• Article XVII, Section IA
• Sanders v. Belue

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-20-2004-3/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04apr20stille.pdf

Original opinion text

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The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsTER
ATTORNEY GENERAL

April 20, 2004

The Honorable Hany C. Stille
Member, House of Representatives
436-B Blatt Building
Columbia, South Carolina 29211
Dear Representative Stille:
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In a letter to this office you questioned whether an individual may concurrently serve on both the Abbeville County Memorial Hospital Board of Trustees and as a member of the Abbeville County School Board of Trustees. You question raises issue regarding dual office holding which is prohibited by this State's Constitution. Article XVII, Section IA of the State Constitution provides that "no person may hold two offices of honor or profit at the same time ... " with exceptions specified for an officer in the militia, a member of a lawfully and regularly organized fire department, a constable, and a notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise ofsome portion of the sovereign power of the State. Sanders v. Belue, 78 S.C. 171 , 58 S.E. 762 (1907). Other relevant considerations are whether statutes, or other such authority, establish the position, prescribe its duties or salary, or require qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 266 S.E.2d 61 (1980). Numerous opinions of this office have concluded that a member of a county school board of trustees holds an office for dual office holding purposes. See: Ops. Atty. Gen. dated October 3, 2003; Ap1il 18, 2003; June 21, 2001 and August29, 2000. Pursuant to Act No. 435of1963, terms of office for members of the Board ofTrustees of the Abbeville County Memorial Hospital are set forth. Pursuant to Act No. 1018 of 1962, specific powers and duties of the trustees are established. Such powers and duties include the authority to acquire a site and construct and equip a hospital , acquire real and personal property, accept gifts and donations, staff and equjp the hospjtal, employ personnel, establish and promulgate rates for the hospitaJ , promulgate regulations regarding use of the facilities, expend proceeds and funds derived from the charges, and to do all things necessary for the proper functioning of the hospital. Considering all the foregoing, it is my opinion that these powers and duties involve an exercise of a portion of the sovereign power of the State and, therefore, a member of the Board ofTrustees of the Abbeville County Memorial Hospital would probably hold an office for dual office holding

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Rl'MBEim<'. DENNIS Bun.DING • POST OFFICE Box 11549 • COWMB!A, s.c. 292 1J · 1549 • TELEPHONE: 803-734-3970 • F.~CSIMILE: 802-253-6283
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The Honorable Harry C. Stille
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April 20, 2004
purposes. This conclusion is consistent with other prior opinions of this office that have concluded that members of the board of trustees of other hospitals most probably hold offices for dual office holding purposes. See: Ops. Atty. Gen. dated January 11, 1999; January7, 1997; January9, 1992; April 5, 1991; September 12, 1983.

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Based upon the foregoing, it is my opinion that one who would serve simultaneously as a member of the Abbeville County Memorial Hospital Board of Trustees and as a member of the Abbeville County School Board ofTrustees would most probably contravene the dual office holding prohibitions of the State Constitution. 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.