Could a Barnwell County vocational instructor also serve on county council?

Plain-English summary

In 2006, an electrical instructor at the Barnwell County Career Center asked whether he could also serve on county council. The Attorney General considered a “master-servant” conflict, in which one role supervises or controls the other. He predicted that a court probably would not find such a conflict on the facts supplied, though he acknowledged some uncertainty.

County council appointed a majority of the career center board and approved its budget. The AG said that gave council some influence, but the instructor reported to the center director and the board had personnel authority. The AG found no evidence that council directly controlled the instructor’s salary.

Currency note

This opinion was issued in 2006. 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: Did county council’s approval of the board budget automatically create a conflict? A: No. The AG said budget approval and board appointments showed some control over the organization, but not enough on these facts to establish a master-servant conflict with the instructor.

Q: Who directly supervised the instructor?
A: According to the facts the AG used, the instructor reported to the career center director, with the board retaining employment authority.

Q: Did the AG make a binding finding that the positions were compatible? A: No. He predicted what a court would likely find and said the conclusion was not completely free from doubt.

Background and statutory framework

The AG examined the career center board’s enabling legislation and the requester’s description of his employment. He applied the master-servant conflict concept, which looks to supervision, appointment and removal power, compensation control, and similar authority over the other role. Council’s indirect influence did not, in the AG’s assessment, place the instructor under its direct supervision.

Citations and references

Enabling legislation: 1971 S.C. Acts 929 and 1990 S.C. Acts 3480, both quoted in the original opinion.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-1-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06dec1-Still.pdf

Original opinion text

HENRY McMASTER
ATT'ORNEY GENERAL

December 1, 2006

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Mr. Ron Still
40 Still Road
Barnwell, South Carolina 29812
Dear Mr. Still:
We received your letter in which you informed us that you currently are an employee of the Barnwell County Career Center (the "Career Center") as an electrical instructor and are considering seeking a position on the Barnwell County Council ("County Council"). Thus, you ask whether or not your simultaneous service in both positions would result in a conflict of interest Law/Analysis

We presume the conflict of interest with which you are concerned is that of a master-servant conflict of interest. This conflict of interest arises out of a master-servant relationship and

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"exists where one office is subordinate to the other, and subject in some degree to the supervisory power of its incumbent, or where the incumbent of one of the offices has the power of appointment as to the other office, or has the power to remove the incumbent of the other or to punish the other. Furthermore, a conflict of interest may be demonstrated by the power to regulate the compensation of the other, or to audit his accounts." Op. S.C. Atty. Gen., May21 , 2004 (quoting Op. S.C. Atty. Gen., January 19, 1994). The Supreme Court described the rationale behind this type of conflict of interest as follows: No man in the public service should be permitted to occupy the dual position of master and servant; for, as master, he would be under the temptation of exacting too little of himself, as servant; and, as servant, he would be inclined to demand too much of himself, as master. There would be constant confljct between self-interest and integrity. McMahan v. Jones, 94 S.C. 362, 365, 77 S.E. 1022, I 022 ( 1913). Therefore. to answer your question, we must consider whether, if elected to County Council, thjs position would allow you to exercise some degree of supervision over your position as an electric instructor. REMBERT c. DENNIS BUILDING •

POST 0FF1CE Box 11549

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COLUMBIA. SC 2921 1- 1549

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T El.EPHONE 803-734-3970

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Mr. Still
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December I, 2006

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In our research, we discovered legislation creating the Barnwell County Vocational Education School Board (the "Board"). 1971 S.C. Acts 929. The Legislature amended the initial legislation several times. Currently, it provides the Board shall consist of eight members. 1990 S.C. Acts 3480. Four of the members represent the three school districts located in Barnwell County and one represents Barnwell County at large. Id. These five members are appointed by County Council. Id. Representatives from the boards of trustee for the three school districts make up the remaining three members. Id. The Legislature afforded the Board "the same powers and duties of other school boards in the county including the employment of all necessary personnel to carry out this act." 1971 S.C. Acts 929. Furthermore, the mission of the Board is "to develop and maintain a vocational education facility and program for all citizens of the county, with emphasis on programs for those under twenty-one years of age." Id. The enabling legislation also allows the county auditor to levy and the county treasurer to collect taxes to fund the Board's budget, which must be approved by County Council. Id. However, the enabling legislation also gives the Board authority to apply for federal funds. Id. Based on our conversation with you, it is your understanding that the Career Center currently receives funds from both Barnwell County and the federal government. Furthermore, you informed us that you are under the direct supervision of the Director of the Career Center and that you are not considered to be a county employee. Based on this information and the information we gathered from the Board's enabling legislation, we do not believe a master servant conflict would arise should you continue your employment with the Career Center upon election to County Council. The fact that Barnwell County funds a large portion of the Career Center's budget and the fact that County Council appoints a majority of the Board's members indicates County Council has some level of control over the Board and the Career Center. However, we do not believe this level of control is sufficient to create a master-servant conflict of interest. Your position is clearly under the direct supervision and control of the Director and to some extent the Board, which has the authority to hire and fire employees of the Career Center. Furthermore, although County Council approves the Board's budget, we do not find evidence ofits direct control over your salary. Therefore, while not completely without doubt, we believe a court would not find the existence of a master-servant conflict in this instance.

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Very truly yours,

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CydJey M.Qiilling
Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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