Could a Mount Pleasant council member also serve as a reserve deputy sheriff?

Plain-English summary

In 2011, Mount Pleasant's town attorney asked whether a council member could also serve as a reserve deputy sheriff in Charleston County. The South Carolina Attorney General concluded that the two positions could not be held simultaneously under the state constitution's dual office holding prohibition. Earlier AG opinions had treated a council seat and reserve law enforcement service as public offices for that purpose.

The opinion applied the constitutional test concerning the exercise of sovereign power and reaffirmed an earlier opinion specifically barring a reserve officer from serving as a city council member.

Currency note

This opinion was issued in 2011. 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 town council member also become a reserve sheriff's deputy? A: The AG said no for the Mount Pleasant council and Charleston County reserve deputy positions described in the request.

Why did the reserve position count?
A: The opinion relied on prior AG opinions classifying reserve police officers as holders of a public office for dual office holding analysis.

Was the town council seat also treated as a public office? A: Yes. The opinion said prior AG opinions had consistently treated city or town council members as officeholders for this constitutional rule.

Background and statutory framework

Article XVII, Section 1A of South Carolina's Constitution prohibited holding two offices of honor or profit at once, subject to its stated exceptions. The AG applied the public office test from South Carolina cases and reaffirmed its earlier reserve officer opinions.

Citations and references

The opinion cited Sanders v. Belue and State v. Crenshaw on public offices and a March 21, 2005 AG opinion on reserve officers and city council service.

Official title

Concerning whether a city council member may simultaneously serve as a reserve deputy sheriff

Requester

Mr. R. Allen Young, Town Attorney, Town of Mount Pleasant

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-14-2011-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/young-r-a-os-9180-1-14-11-dual-office-holding.pdf

Original opinion text

ALAN WILSON
ATIORNEY G ENERAL

January 14, 2011

Mr. R. Allen Young
Town Attorney
Town of Mount Pleasant
l 00 Ann Edwards Lane
Post Office Box 745
Mount Pleasant, South Carolina 29465
Dear Mr. Young:
We received your letter requesting an opinion of this Office concerning whether a city council member may simultaneously serve as a reserve deputy sheriff. Law/Analysis

As your letter points out, Article XVII, Section I A ofthe 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 organjzed fire department, constable, or notary public. For this provision to be contravened, a person concurrently must hold two offices which have duties involving an exercise of some portion of the 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 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), cert. denied, 449 U.S. 883 (1980). Furthermore, "one who merely performs the duties required of him by persons employing him under an express contract or otherwise, though such persons themselves be public officers, and though the employment be in or about a public work or business, is a mere employee." Sanders, 78 S.C. at 174, 58 S.E. at 763. As you acknowledged in your letter, this Office has advised on numerous occasions that a member of a city or town council is considered an officer for dual office holding purposes. Accordingly, you inquired specifically as to whether a reserve de.puty sheriff with the Charleston County Sheriff's Department would likewise be considered an office holder. This Office has also concluded on several occasions that one who serves as a reserve police officer holds an offic.e within the meaning of Article XVII, Section lA of the South Carolina Constitution. See Ops. S.C. Att'y Gen. dated REMBERT

c. D ENNl S B UILDING • POST OFFICE Box 11549 • COLUMBIA. SC 29211- 1.549 • T Bl..EPHONE 803-734-3970 • FACSl.MlLE 803-253-6283

Mr. R. Allen Young
Page 2
January 14, 2011

June 5, 1979; September 12, 1980; February 5, 1988; August 12, 1991; Apr. 14, 1993; July 13, 1995 ("simultaneous service as a member of county council and as a reserve officer would probably run afoul of the dual office holding provisions"). Moreover, this Office has specifically concluded that "a reserve officer may not simultaneously serve as a city councilman without violating the dual office holding prohibition." Op. S.C. Att'y Gen. (March 21, 2005).

Conclusion
This Office reaffirms its prior opinions and concludes that it would be a violation of the dual office holding prohibition for a member of the Mount Pleasant Town Council to simultaneously serve as a Reserve Deputy Sheriff. Sincerely,

Assistant Attorney General
REVIEWED AND APPROVED BY:

Deputy Attorney General