Could one person serve on both the Edgefield County Hospital Board and county transportation committee?

Plain-English summary

The South Carolina Attorney General concluded that one person could not serve simultaneously on the Edgefield County Hospital Board and the Edgefield County Transportation Committee. Its reason was South Carolina’s constitutional prohibition on holding two public offices at once.

The opinion applied the public-office test to each position. It cited earlier AG opinions treating membership on county hospital governing boards, including Edgefield’s, as an office. It also cited opinions treating county transportation committee seats as offices. Given those two classifications, concurrent membership fell within the constitutional prohibition.

Currency note

This opinion was issued in 2012. 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 treat a county hospital board seat as a public office? A: Yes. The AG relied on earlier opinions about county hospital boards, including two that addressed Edgefield County’s board.

Was a county transportation committee seat also a public office? A: Yes. The AG cited earlier opinions concluding that membership on county transportation committees counted as public office for the dual-office rule.

Could the same person hold both Edgefield County positions? A: The AG concluded that simultaneous service on the two bodies violated the constitutional prohibition it analyzed.

Background and statutory framework

The opinion applied the South Carolina Constitution’s dual-office prohibition and the test for a public office: continuing duties involving some exercise of the State’s sovereign power. It noted that the hospital board was created by legislation and the county council had assumed appointment authority. Earlier AG opinions supplied the classification of both offices.

Authority discussed: The opinion quoted Article XVII, section IA of the South Carolina Constitution and cited earlier opinions concerning the two county bodies.

Official title

Concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding.

Requester

Michael S.Medlock, Edgefield County Attorney

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-4-2012/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/04/medlock-m-os-9422-4-4-12-dual-office-holding.pdf

Original opinion text

ALAN WILSON

ATIORNEY GENERAL

April 4, 2012

Michael S. Medlock, County Attorney
Edgefield County
124 Courthouse Square
Edgefield, South Carolina 29824
Dear Mr. Medlock,
We received your letter requesting an opm1on of this Office as to whether an individual's concurrent service on the Edgefield County Transportation Committee ("Transportation Committee") and the Board of Directors for the Edgefield County Hospital ("Hospital Board") violates the constitutional prohibition against dual office holding. You inform us that the members of the Transportation Committee are appointed by the Edgefield County Legislative Delegation ("Legislative Delegation") pursuant to S.C. Code section 12-28-2740 (Supp. 2004). You state you are aware that prior opinions of this Office indicate a position on the Transportation Committee could be considered an office for purposes of dual office holding. You also inform us that the Edgefield County Hospital Board was established by Act No. 1514 of 1968. You indicate that although the members of the Hospital Board were originally appointed by the Legislative Delegation, the County Council assumed the authority to appoint such members with the advent of Home Rule. In addition, you state you are aware of a January 7, 1997 opinion of this Office which addressed a similar dual office holding question. However, you believe the present situation is somewhat distinguishable. LawI Analysis

Article XVII, section IA of the South Carolina Constitution provides that "[n]o person may hold two offices of honor or profit at the same ti~e, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public." For a violation of this provision to occur, an individual must concurrently hold two public offices which have duties "involving an exercise of some part of the sovereign power" of the State. Sanders v. Belue, 78 S.C. 171, 174, 58 S.E.2d 762, 763 (1907). A public officer is "[o]ne who is charged by law with duties involving an exercise of some part of the sovereign power, either great or small, in the performance of which the public is concerned, and which are continuing, and not occasional intermittent, is a public officer." Id., 58 S.E.2d at 762-63. Other relevant considerations include: "whether the position was created by the legislature; whether the qualifications for appointment are established; whether the duties, tenure, salary, bond, and oath are prescribed or required; whether the one occupying the position is a representative of the sovereign; among others." State v. Crenshaw, 274 S.C. 475, 478, 266 S.E.2d 61, 62 (1980).

REMBERT

c. DENNIS BUILDING • POST OFFICE Box 11549 • COLUMBIA, SC 29211-1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

Mr. Medlock
Page 2
April 4, 2012
We have issued numerous opinions concluding that a position on the governing board of a county hospital is an office for purposes of dual office holding. See. e.g., Ops. S.C. Att'y Gen., 2007 WL 1651330 (May 2, 2007) (Lexington Medical Center Board); 2007 WL 655610 (February 26, 2007) (Barnwell County Hospital Board); 2004 WL 885191 (April 20, 2004) (Abbeville County Memorial Hospital Board of Trustees). In fact, we have twice concluded that a member of the Edgefield County Hospital Board holds such an office. See Ops. S.C. Att'y Gen., 2000 WL 356780 (January 17, 2000); 1992 WL 682770 (January 9, 1992). A copy of the 1992 opinion is enclosed for your review. Likewise, we have repeatedly concluded that a position on a county transportation committee is an office for purposes of dual office holding. See. e.g., Ops. S.C. Att'y Gen., 2006 WL 120784 (April 20, 2006) (Chesterfield County Transportation Committee); 2005 WL 469065 (February 14, 2005) (Dorchester County Transportation Committee). Accordingly, this Office is of the opinion that an individual's simultaneous service on the Edgefield County Hospital Board and the Edgefield County Transportation Committee violates the constitutional prohibition against dual office holding.

rrison D. Brant
Assistant Attorney General
REVIEWED AND APPROVED BY:

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l(obeftIUOOk

Deputy Attorney General