Could a South Carolina deputy sheriff also serve as a volunteer fire district commissioner?

Plain-English summary

In December 2003, South Carolina's Attorney General concluded that one person could not serve both as a deputy sheriff and as a commissioner of the Holly Springs Volunteer Fire District. Prior opinions had treated deputy sheriffs and members of several fire control boards as public officers. The AG saw no reason to classify the Holly Springs commission differently.

The state constitution made an exception for a member of a lawfully and regularly organized fire department. The opinion said that exception did not cover membership on a fire district board.

Currency note

This opinion was issued in 2003. 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

Deputy sheriffs and fire district commissioners

The AG treated each position as an office for the constitutional rule and concluded their simultaneous occupancy was prohibited. It distinguished a board commissioner from a fire department member for the constitutional exception.

Common questions

Did the volunteer nature of the fire district create an exception?
No. The opinion said the exception for fire department members did not apply to a district board member.

Why did the AG count the commission seat as an office?
It relied on earlier opinions classifying similar fire control district boards as offices and found no reason to treat this board differently.

Did the opinion decide whether the person could volunteer as a firefighter?
No. It addressed service as a commissioner alongside the deputy sheriff position.

Background and statutory framework

A legislator asked about the constitutional prohibition on holding two offices at once. The AG applied the test concerning public authority and prior classifications of the two positions.

Citations and references

The opinion discussed Article XVII, Section 1A of the South Carolina Constitution and cited Sanders v. Belue and State v. Crenshaw.

Official title

Questioning whether an individual may serve as a deputy sheriff and as Commissioner of the Holly Springs Volunteer Fire District.

Requester

The Honorable Joseph G. Mahaffey, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-19-2003/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/09/03dec-19-Mahaffey.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRv McMAsTER
AlTORNEY GENERAL

December 19, 2003

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The Honorable Joseph G. Mahaffey
Member, House of Representatives
P. 0. Box 1147
Lyman, South Carolina 29365
Dear Representative Mahaffey:
In a telephone call to this office you questioned whether an individual may serve as a deputy sheriff and as Commissioner of the Holly Springs Volunteer Fire District. You indicated that you were referring to whether holding both positions would violate the dual office holding provisions of the State Constitution. According to my review, the Holly Springs Volunteer Fire District was the new name provided by Act No. 890of1976 for the Piedmont Rural Fire District in Spartanburg County which was created by Act No. 551Of1971. 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, member of a lawfully and regularly organized fire department, constable or notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exerciseofsomeportionofthe 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 has held on numerous occasions that the position of deputy sheriff is an office for dual office holding purposes. See: Ops. Atty. Gen. dated December 13, 1995, June 11, 1992, and January 8, 1986. Prior opinions of this office have also held that various district boards of fire control would be offices for purposes of the dual office holding prohibition. See: Ops. Att'y Gen. dated January 19, 1994 (member of Cherokee Springs Board of Fire Control would be an office holder); September 18, 1986 (member of Chester County Board of Fire Control would be an office holder); November 18, 1983 (member of Monarch Fire Department Board of Trustees would be considered an office holder); and November 30, 1963 (commissioner of the Converse Area Fire District would be considered an office holder). There appears to be no reason to treat any differently a commissioner of the Holly Springs Volunteer Fire District. The exception for a "member of a lawfully and regularly organized fire department" would not apply to a member of a fire district REMBERT C. DENNIS BUilDING • Pos-r OmcE Box 11549 • COWMBLA, s.c. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

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The Honorable Joseph G. Mahaffey
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December 19, 2003

board. Therefore, I am of the opinion that a member of that board would also be considered an officer for dual office holding purposes. As a result, holding both positions of deputy sheriff and commissioner of the Holly Springs Volunteer Fire District would violate the constitutional prohibition on dual office holding. With best wishes, I am,

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Charles H. Richardson
Senior Assistant Attorney General

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