Could Ehrhardt’s police chief run for mayor of Norway and keep the police job if elected?

Plain-English summary

Ehrhardt’s police chief planned to run for mayor of Norway. The Attorney General said in 2009 that merely running did not violate South Carolina’s dual-office rule, so it knew of no state constitutional or statutory ban on the candidacy. The office noted that it had not reviewed local rules on political activity and referred that question to the town attorney.

If the chief won and began serving as Norway’s mayor, however, holding both offices simultaneously would violate the state Constitution’s dual-office prohibition, the opinion concluded. The office treated both police chief and mayor as public offices. The issue arose upon assuming the second office, not upon announcing a candidacy.

Currency note

This opinion was issued in 2009. 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: Could the police chief run for mayor while remaining chief? A: The Attorney General found no state dual-office ban on running, but said local political-activity rules needed the town attorney’s review.

Q: Could the chief hold both jobs after winning?
A: No. The office said simultaneous service as Ehrhardt police chief and Norway mayor would violate the constitutional dual-office prohibition.

Q: When did the dual-office issue arise?
A: The opinion said it arose when the person assumed the second office, not merely on becoming a candidate.

Q: Did the AG decide whether Ehrhardt’s local rules allowed campaigning? A: No. It did not have those local provisions and referred that question to the town attorney.

Background and statutory framework

Mayor Stanley asked whether the chief could keep working in Ehrhardt during his Norway campaign and, if elected, continue as chief. The Attorney General first distinguished candidacy from officeholding. It quoted an earlier opinion saying the constitutional problem arose when a person already in office was elected to another office, took the oath, and exercised its duties.

The letter then cited prior opinions and state court decisions treating a police chief and a mayor as public officers for dual-office purposes. Because both were offices, simultaneous service would be prohibited. The office separately said it could not assess any local ordinance or employment rule governing candidacy without the town’s provisions.

Citations and references

Authority discussed: Article XVII, section 1A of the South Carolina Constitution, the dual-office provision. The letter also discusses state decisions treating police chiefs and municipal police officers as public offices.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-13-2009-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/stanley-w-c-os-8846-8-13-09-dual-office-holding.pdf

Original opinion text

HENRY McMASTER
ATIORNEY GE.NeRAL

August 13, 2009

The Honorable William C. Stanley
Mayor, Town of Ehrhardt
P. 0. Box 185
Ehrhardt, South Carolina 29081
Dear Mayor Stanley:
In a letter to this office you indicated that the Ehrhardt Chief of Police who lives in Norway, South Carolina has informed you that he intends to run for the office of mayor of Norway. Referencing such, you have questioned whether the Chief may continue on as Chief ofPolice of the Town ofEhrhardt between now and the upcoming election in Norway. You also questioned whether ifhe is elected Mayor of Norway, may he continue as Chief of Police of Ehrhardt. In examining your question, consideration must first be given to whether there are any municipal ordinances or provisions that would comment on the Chiefs eligibility to run for office or engage in any type of political activity while serving as Chief Inasmuch as this office is not familiar with such local provisions, you should contact you town attorney for his review of whether any local provisions comment on such a candidacy.

Also to be considered is the question ofdual office holding. Article XVII, Section 1A of the South Carolina 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, or a notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise of some 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). This office in prior opinion dated March 7, 2008 stated that
[t]he prohibition on dual office holding is only contravened when an individual who holds an office assumes a second office. Merely running for an office does not REMBERT C. DENNIS BtJJLDING

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Posr Ornce Box 11549 • CoLUMBlA, SC 29211-1549 •

TELEPHONE 803-734-3970

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FAcsIM1.L E 803-253-6283

The Honorable William C. Stanley
Page2
August 13, 2009

violate the dual office holding prohibition. The problem would arise if the individual holding the first office were elected, took the oath, and began to exercise the duties of the second office. Therefore, I am unaware of any specific prohibition to a chief of police running for the office of mayor. However, this office has concluded in prior opinions that the office of chief of police constitutes an office for dual office holding purposes. See: Ops. Atty. Gen. dated August 27, 2003 and May 24, 2000. The August, 2003 opinion noted that the State Supreme Court in Edge v. Town of Cayce, 187 S.C. 171, 197 S.E. 216 (1938) had so held as well. Moreover, the Supreme Court in Richardson v. Town of Mt. Pleasant, 350 S.C. 291, 566 S.E.2d 523 (2002) determined that a municipal police officer is not exempt as a constable and, therefore, holds an office for dual office holding purposes of the State Constitution. Numerous opinions of this office have concluded that a mayor is an officer for dual office holding purposes. See, e.g., Ops. Atty. Gen. dated February 17, 2009; May 6, 2005; May 28, 2002; April 28, 1999. Therefore, consistent with these opinions, while there are no State statutory or constitutional provisions which would prohibit a chief of police from running for the office of mayor, ifhe was to be successfully elected as mayor, it would be a violation of the dual office holding provision of the State Constitution to hold both offices simultaneously. With kind regards, I am, Very truly yours, Henry McMaster Attorney General

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REVIEWED AND APPROVED BY:

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Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General