Could a South Carolina regional housing authority commissioner also serve on a county council?

Plain-English summary

The assistant executive director of Regional Housing Authority No. 1 asked whether a person could also serve as a county council member. The Attorney General concluded that both positions were public offices for constitutional dual-office purposes. Simultaneous service therefore violated the state constitution's prohibition.

The AG relied on prior opinions treating county council membership as an office and on statutes establishing regional housing authorities, their commissioners, terms, and powers.

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

Was county council membership an office?
The AG said yes, citing its earlier opinions.

Why was a housing authority commissioner also an officer?
The opinion said the statutory role exercised part of the state's sovereign power.

Background and statutory framework

Article XVII, Section IA prohibited holding two offices of honor or profit at the same time, subject to listed exceptions. The opinion used Sanders v. Belue's sovereign-power test and cited Section 31-3-960 among the laws governing regional housing authority commissioners.

Citations and references

• Article XVII, Section IA of the South Carolina Constitution: dual-office restriction as extracted.
• Section 31-3-960: appointment of regional housing authority commissioners.
• Sanders v. Belue, 78 S.C. 171, 58 S.E. 762 (1907): public office test.

Official title

Questioning whether an individual may serve simultaneously as a member of the State Regional Housing Authority No.1 and as a county councilman.

Requester

T. Marion Robinson, Assistant Executive Director, SC Regional Housing Authority No. 1

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-18-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/jan18-06-Robinson.pdf

Original opinion text

H ENRY M C MASTER
A TTORS EY GEt'<ERAL

January 18, 2006

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T. Marion Robinson, Assistant Executive Director
South Carolina Regional Housing Authority No. l
Post Office Box 326
Laurens, South Carolina 29360
Dear Mr. Robinson:
In a letter to this office you questioned whether an individual may serve simultaneously as a member of the State Regional Housing Authority No. 1 and as a county councilman.

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 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 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 in prior opinions consistently concluded that a member of a county council would be considered an officer for dual office holding purposes. See, as representative of these opinions, Ops. Atty. Gen. dated November 2, 2005; March I 8, 2004; July 26, 1999; July 27, 1997. Article 9 of Chapter 3 of Title 31 of the South Carolina Code of Laws authorizes regional housing authorities to be created. Section 31-3-960 of the Code provides for the appointment of commissioners of regional housing authorities. Qualifications of commissioners are specified by Section 31-3-970. Pursuant to Section 3 1-3-980, terms ofoffice of the commissioners are set at five (5) years and until the successors are appointed and have qualified. The functions, rights, powers, and duties of regional housing authorities are the same as those functions, rights, powers, and duties of city or county housing authorities according to Section 31-3-1150 and other statutes related thereto. A review of these statutes reveals that the housing authority commissioners would also exercise a portion of the sovereign power of the State. This office has consistently opined that a board member of a housing authority would hold an office for dual office holding purposes. See,

Mr. Robinson
Page2
January 18, 2006

Ops. Atty. Gen. dated October 8, 2003 (City of Florence Housing Authority Board); March 16, 1990 (Darlington Housing Authority); March 10, 1988 (Columbia Housing Authority); June 1, 1987 (Commissioner of a Regional Housing Authority); November 18, 1986 (North Charleston Housing Authority).

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Based upon the above, it is my opinion that an individual who simultaneously holds positions as a member of a regional housing authority and as a county councilman would violate the constitutional prohibition on dual office holding. If there are any questions, please advise.

Sincerely,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

IL.

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Robert D. Cook
Assistant Deputy Attorney General