How much per diem could Fairfield County school trustees receive in 2001, and did extra payments force repayment or resignation?

Plain-English summary

A Winnsboro council member asked about pay for Fairfield County school trustees. In August 2001, the assistant deputy AG read the district’s local act as providing service “without pay,” while permitting the per diem allowed by law for boards and commissions and mileage to meetings. The 2001 appropriations provision set that per diem at $35 per day, so the letter treated that amount as the trustees’ limit at the time.

The requester also asked what would happen if a trustee received compensation beyond the limit. The office said it had not investigated whether that had happened and could not find facts in an opinion. It enclosed an earlier restitution discussion and identified possible criminal statutes, but did not decide whether any crime, repayment duty or vacancy consequence applied in this case. The letter said suspected crime could be reported to a local solicitor.

Currency note

This opinion was issued in 2001. 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.

Historical summary

Trustees and district finance officials

The opinion treated the local act’s per-diem permission as incorporating the $35 daily figure for boards and commissions in the 2001 appropriations act. It did not research earlier years beyond noting the same rate in the 2000 act.

Taxpayers and prosecutors

The letter did not determine whether anyone had been overpaid. It mentioned possible extra-compensation and official-misconduct offenses while expressly withholding any conclusion that they applied.

Common questions

Could trustees receive a salary in addition to per diem? A: The letter read the local act as saying trustees served without pay, with only the authorized daily per diem and mileage described.

Was the per diem $35 per meeting?
A: The opinion identified a $35-per-day limit in the 2001 appropriations provision for boards and commissions.

Did the AG order repayment or resignation?
A: No. It found no facts about particular payments and gave no case-specific conclusion on restitution, criminal liability or removal.

Background and statutory framework

The letter relied on the local act governing Fairfield trustees and § 72.34 of the 2001 appropriations act for the daily amount. It discussed § 16-9-230 on extra compensation to an officeholder and Section 8-1-80 on misconduct, while declining to apply either criminal provision to the facts.

Citations and references

• § 72.34: the 2001 daily per-diem amount.
• § 16-9-230: extra-compensation offense mentioned in the letter.
• Section 8-1-80: misconduct provision discussed but not applied.

Official title

Asking questions related to the extent to which members of the Board of Trustees for the Fairfield County School District may receive compensation for their services on the Board.

Requester

The Honorable Robert L. Carrison, Member, Town Council of Winnsboro

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-13-2001/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/01aug13carrison.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATIORNEY GENERAL

August 13, 2001

The Honorable Robert L. Carrison
Member, Town Council of Winnsboro
100 Tupelo Lane
Winnsboro, SC 29180
Dear Mr. Carrison:
You have asked questions related to the extent to which members of the Board of Trustees for the Fairfield County School District may receive compensation for their services on the Board. You reference Act No. 191, 1991 S.C. Acts 1512 which provides that the board members serve "without pay", but that "[e]ach member of the board may receive a per diem allowed by law for boards and commissions for attendance at board meetings and may be paid mileage to and from such meetings .... " 1 The most pertinent statutory provision regarding per diem appears to be in Act No. 66, 2001 S.C. Acts, Part 1 B, § 72.34 which provides that "[t]he per diem allowance of all boards, commissions and committees shall be at the rate of Thirty-five ($35) Dollars per day. . . . " Accordingly, this provision appears to apply to the Fairfield County Board as a result of Act 191 so that the members of the Board are limited to a per diem of $35.00 per day. I have not researched what that amount was in previous years except that it was the same in the 2000 Appropriations Act. Act No. 387, Part lB Proviso 72.34, 2000 S.C. Acts 3193. You have also asked a number of questions regarding whether, if any Board members received compensation in violation of Act 191, how the money would be repaid, whether the violation would be criminal, and whether the Board member would have to resign. I note that we have not investigated the facts of this matter to determine whether a violation has occurred as fact findings are beyond the scope of opinions ofthis Office. Ops. Atty Gen. (December 12, 1983). For

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S.C. Code Ann. § 59-1-350 (1990) contains somewhat similar provisions for school boards generally, but does not specify that per diem is limited to what is allowed by law for boards and comm1ss1ons.

REMBERT

c. DENNIS BUILDING

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POST OFFlCE Box 11549

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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Robert L. Carrison
August 13, 2001
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discussion of restitution generally, I enclose a copy or Ops. Atty Gen. (May 24, 1991)2. Although I do not comment upon whether a crime has occurred, I note that§ 16-9-230 (1976) imposes criminal penalties for a person holding office in this State who " ... shall accept ... extra compensation in addition to that provided by law." Section 8-1-80 (Supp. 2000) imposes a criminal penalty for"[ a]ny public officer whose authority is limited to a single election ... district who shall be guilty of any official misconduct ... corruption, [or] fraud .... " If you believe that a crime has occurred, you may report the matter to your local solicitor. Section 8-1-80 further provides that the Governor must declare the office to be vacant upon receipt of the indictment for any public officer convicted under this provision. Again, for the reason set forth above, I do not comment upon whether any of these provisions would be applicable to the instant matter nor have I attempted to catalogue each and every provision of law that might have applicability. This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion.

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If you have further questions, please let me know.

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Note that the statutory references therein have changed since the Opinion was written. The former provisions of 8-13-530 (I) as written prior to 1991 amendments to the Ethics laws are now contained in similar form in §8-13-790.