Could Belvedere Fire District add commissioners to its three-member board without changing state law?

Plain-English summary

A legislator asked how to expand Belvedere Fire District’s board of commissioners. The Attorney General said in 2008 that, assuming the district was organized under the special-purpose-district statute identified in earlier opinions, the board’s three-member size was set by state law. Expansion would require an amendment to that statute.

The answer rested on the AG’s stated assumption about the district’s legal basis. It did not identify an existing local procedure allowing the board itself to add members.

Currency note

This opinion was issued in 2008. 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 Belvedere Fire District board vote to add commissioners? A: The AG said the governing statute fixed the board at three members under the formation scheme it assumed, so changing the size required a statutory amendment.

Q: Was the AG certain which law created Belvedere Fire District? A: The opinion relied on its understanding from earlier opinions and expressly conditioned the answer on that understanding being correct.

Q: What was the statutory board size in the 2008 opinion? A: Three commissioners, under the special-purpose-district provision the AG quoted.

Background and statutory framework

The request asked whether and how the board could expand. The AG reviewed the provision governing commissioners for districts organized under the identified chapter and concluded that a legislative amendment was the only path on its stated premise.

Citations and references

Statutes: The opinion discussed South Carolina Code section 6-11-60.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-18-2008-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/smith-d-c-os-8632-8-18-08-belvedere-fire-districts-.pdf

Original opinion text

HENRY MCMASTER
ATTORNEY GENERAL

August 18, 2008

The Honorable Donald C. Smith
Member, House of Representatives
828 Richland Avenue, West
Aiken, South Carolina 29801
Dear Representative Smith:
We understand from your letter that a request has been made for you to increase the membership on the Belvedere Fire District’s Board of Commissioners (the “Board”). Thus, we “are inquiring as to the possibility of the expansion of this board.” Furthermore, you ask: “If so , how is that accomplished?” Law/Analysis Based upon prior opinions of this Office, it is our understanding that the Belvedere Fire District was organized under the provisions of article 1 of chapter 11 of title 6 of the South Carolina Code. Ops. S.C. Atty. Gen., April 20, 1994; March 23, 1981; April 7, 1980. Section 6-11-60 of the South Carolina Code (2004) pertains to the establishment special purpose or public service districts. This provision provides as follows At such election the qualified voters shall vote “Yes” or “No” on the establishment of such electric light, water supply, fire protection and sewerage district and of the electric light, water supply, fire protection and sewerage plant and at the same election they shall vote on the election of three commissioners of the district who shall hold office for a period of six years and until their successors are elected and qualified, the members of the first commission, however, to have terms of office of two, four and six years. Thereafter a commissioner shall be elected at each State biennial election. (emphasis added). Thus, according to this provision, boards representing special purpose or public service district have three members. Therefore, presuming our understanding that the Board was created pursuant to article 1 of chapter 11 of title 6 is correct, the only way to change the number of members on the Board is by an amendment to section 6-11-60. REMBERT C. DENNIS BUILDING ● POST OFFICE BOX 11549 ● COLUMBIA, SC 29211-1549 ● TELEPHONE 803-734-3970 ● FACSIMILE 803-253-6283

The Honorable Donald C. Smith
Page 2
August 18, 2008

Very truly yours,
Henry McMaster
Attorney General

By:

REVIEWED AND APPROVED BY:

_______
Robert D. Cook
Assistant Deputy Attorney General

Cydney M. Milling
Assistant Attorney General