Could one person sit on both Dorchester County’s transportation committee and transportation authority in 2005?

Plain-English summary

The Attorney General concluded in 2005 that one person could not simultaneously serve on the Dorchester County Transportation Committee and the Dorchester County Transportation Authority. He treated both memberships as public offices for purposes of South Carolina’s constitutional restriction on holding two offices at once.

The AG relied on earlier opinions classifying county transportation committee and authority positions as offices. A prior opinion had reached the same result for a Horry County committee and authority; the AG applied that reasoning to Dorchester County.

Currency note

This opinion was issued in 2005. 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

Could a Dorchester transportation committee member also join the transportation authority?
No. The AG said the simultaneous service would constitute prohibited dual office holding.

Why did the AG treat both memberships as offices?
He followed prior opinions that classified committee and authority members as exercising public office for this constitutional purpose.

Did the AG identify a transportation-specific exception?
No. The opinion listed the constitution’s specified exceptions, then applied the ordinary dual office test to the two transportation positions.

Background and statutory framework

The constitutional provision barred holding two offices of honor or profit at the same time, subject to listed exceptions. The opinion used prior AG guidance on county transportation bodies and the public office criteria in South Carolina cases.

Citations and references

• Article XVII, Section IA of the South Carolina Constitution: dual office holding clause as printed in the source.
• Sanders v. Belue and State v. Crenshaw: public office criteria cited by the AG.

Official title

Concerning whether members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority without violating the dual office holding prohibition of the South Carolina Constitution.

Requester

The Honorable George H. Bailey, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-14-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05feb14-Bailey.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsr£R
ATTORNEY GENER.AL

February 14, 2005

The Honorable George H. Bailey
Member, South Carolina House of Representatives
District 97 - Dorchester County
333 - A Blatt Building
Columbia, South Carolina 29201
Dear Representative Bailey:
By letter dated January 13, 2005, you requested that this Office issue an opinion concerning whether members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority without violating the dual office holding prohibition of the South Carolina Constitution. We advise that a member serving on the Dorchester County Transportation Committee would violate the dual office holding prohibition if simultaneously holding a position on the Dorchester County Transportation Authority. Article XVII, Section IA 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 and a notary public. For this provision to be contravened, a person concurrently must bold two offices which have duties involving an exercise of some portion of the sovereign power of the State. Sanders v. Belue, 78 S.C. I 71, 58 S.E.762 (I 907). 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). In a number of previous opinions, we have advised that a member of a county transportation committee would likely be considered an office holder for dual office holding purposes. See S. C. Ops. Att'y Gen. dated September 3, 1994 (members of a county planning commission could not also serve as that county's transportation committee); January 25, I 994 (members ofthe Florence County Tax Appeal Board or the Florence County Convention & Visitors Bureau could not also serve on the Florence County Transportation Committee); and July 28, 1993 (mayors, members of city councils, members of county councils could not also serve on a county transportation committee).

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The Honorable George H. Bailey
Page2
February 14, 2005

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Furthermore, this Office has advised that a member of a county transportation authority would likely be considered an office holder for dual office holding purposes. See S.C. Ops. Att'y Gen. December 14, 1995. Indeed, in that opinion we addressed the same issue as that presented in your letter. In that opinion, we advised that a person who served simultaneously on the Transportation Committee of Horry County and the Horry County Transportation Authority would contravene the dual office holding prohibition. Id. Consistent with that opinion, we continue to be of the view that service simultaneously on a county transportation committee and a county transportation authority would be prohibited by the dual office holding prohibition of the South Carolina Constitution. Accordingly, service simultaneously on the Dorchester County Transportation Committee and the Dorchester County Transportation Authority would constitute dual office holding.

Robert D. Cook
Assistant Deputy Attorney General

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