To whom did a Spartanburg Technical College commissioner need to submit a resignation?

Plain-English summary

In a 1996 informal letter about the Spartanburg Technical College Area Commission, an assistant deputy attorney general said a resigning commissioner should tender resignation to the governor. The commission's enabling law did not specify a different vacancy-filling method, and the governor had authority to appoint the successor.

The requester also asked whether a resignation could be withdrawn. The author referred to earlier opinions on withdrawal limits and on whether a resigning member could hold over until a successor was appointed. Those opinions were enclosed with the original letter, but their text is not present in this record. The letter itself did not state the withdrawal rule or resolve a particular attempted withdrawal.

Currency note

This opinion was issued in 1996. 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: Who received a commissioner's resignation under this opinion?
A: The author said it should go to the governor, who had authority to appoint the successor under the commission's enabling law.

Q: Could a commissioner take back a submitted resignation?
A: The letter did not give the withdrawal rule. It referred the requester to an enclosed earlier AG opinion that is not reproduced here.

Q: Could a resigning member continue serving until a successor was appointed?
A: The author pointed to a separate enclosed opinion on holding over, but this letter did not state its answer.

Background and statutory framework

A state technical-education finance official asked about resignation from the Spartanburg commission. The author cited Act No. 197, the commission's enabling law, and relied on the governor's successor-appointment authority to identify where the resignation should be tendered. The rest of the response consisted largely of references to earlier opinions provided as enclosures.

This was an informal opinion signed by an assistant deputy attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• Commission enabling law: Act No. 197.

Official title

Relating to the means of resignation from a position on the Spartanburg Technical College Area Commission and whether any such resignation may be withdrawn.

Requester

Donald R. Peterson, Associate director for Finance, State Board for Technical and Comprehensive Education.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-13-1996-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96dec13peterson.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
A1TORNEY GENERAL

December 13, 1996
Mr. Donald R. Peterson
Associate director for Finance
State Board for Technical and Comprehensive Education 111 Executive Center Drive Columbia, SC 29210-8424 Dear Don: You have requested the advice · of this Office related to the means of resignation from a position on the Spartanburg Technical College Area Commission and whether any such resignation may be withdrawn.
· Enclosed is a copy of an Informal Opinion of this Office (8-796) which sets forth the means of tendering a resignation. Under the authority in that opinion, because no express authority is set forth in the enabling legislation for the method to fill vacancies on the Commission, the resignation should be tendered to the Governor in that the Governor has the authority thereunder to appoint the successor. Act No. 197, 1973 s.c. Acts 225; ~also s.c. Code Ann. S 1-3-220 (Supp. 1995) and 54-11-20 (1986). As to resigning members holding over until their successors are appointed, I am enclosing a copy of Oos. Atty. Gen. {10-1-90). As to limitations on withdrawals of resignations, I am enclosing a copy of Ops. Atty Gen. (7-1-80). 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. If you have further questions,,please let me know.

General
Enclosures
JESjr