Could one person serve on both a Charleston County constituent school board and the county park and recreation commission?

Plain-English summary

In a 1997 informal opinion, a deputy attorney general said a court would most likely conclude that one person could not serve simultaneously on a Charleston County constituent school board and the Charleston County Park and Recreation Commission. South Carolina's Constitution barred holding two offices of honor or profit at the same time. The AG office had already treated constituent school board membership as an office; this letter also treated park commission membership as an office because its members exercised governmental powers.

The letter identified those powers as acquiring and operating park land and equipment, setting facility charges, making contracts, issuing revenue bonds, and spending commission funds. Its conclusion was predictive, not a report that a court had ruled on this exact pair of positions.

Currency note

This opinion was issued in 1997. 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: Why did serving on both boards raise a dual-office problem?
A: The author said a constituent school board seat was a public office and that the park commission's powers also made its members public officers. Holding both at once therefore likely fell within the constitutional prohibition.

Q: What powers made the park commission an office?
A: The opinion listed land acquisition, park operation, setting rates, contracting, issuing revenue bonds, and spending received funds as exercises of state sovereign power.

Q: Did the letter say any two volunteer board seats were prohibited?
A: No. It applied the test for public offices, including exercise of state power and statutory features of the positions, to these two specific bodies.

Q: Had a court decided this exact pairing of offices?
A: The letter did not cite such a ruling. It said a court would “most likely” find simultaneous membership contrary to the constitutional restriction.

Background and legal framework

A legislator asked about service on a local constituent school board and the county park commission. The letter quoted Article XVII, Sec. IA, which barred holding two offices of honor or profit at once. It described earlier AG views of school board members and the legislation creating the park commission. The commission's power to issue bonds and control public property and funds supported the author's view that its members held public office.

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

Citations and references

• Constitution: Article XVII, Sec. IA (dual-office restriction).
• Commission law: Act No. 1595 of the 1972 Statutes at Large, as described in the opinion.

Official title

Inquiring whether an individual’s service on both a local constituent school board and the Charleston County Park and Recreation Commission would constitute dual office holding.

Requester

The Honorable Glenn F. McConnell, Chairman, Joint Delegation, Charleston County Legislative Delegation

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-29-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/97jan29mcconnell.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

January 29, 1997

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The Honorable Glenn F. McConnell
Chairman, Joint Delegation
Charleston County Legislative Delegation
2 Courthouse Square, Room 307
Charleston, South Carolina 29401
Re: Informal Opinion
Dear Senator McConnell:

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Your recent letter addressed to Attorney General Condon has been referred to me for reply. You have inquired whether an individual's service on both a local constituent school board and the Charleston County Park and Recreation Commission would constitute dual office holding. Article XVII, Sec. IA of the South Carolina Constitution provides that " ... no person shall hold two offices of honor or profit at the same time." For this provision to be contravened, a person concurrently must hold two public 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 tenure, 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 determined on numerous occasions that a member of a local constituent school board is an officer for dual office holding purposes. See, as examples, Ops.Atty.Gen. dated March 6, 1989; September 30, 1981; and January 16, 1976. Because service on a constituent school board would be an office, it must thus be determined whether membership on the Charleston County Park and Recreation Commission would likewise be considered an office.

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PosTOFFICEBox 11549

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CoLL:~rnlA.S.C.29211-1549

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TELEPHONE:

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Senator McConnell
Page 2
January 29, 1997

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The present Charleston County Park and Recreation Commission was created pursuant to Act No. 1595 of the 1972 Statutes at Large, as amended by Act. No. 263 of 1985. ~ts members are empowered to do the following: acquire land whereupon to establish county parks and operate such facilities; acquire and operate equipment; fix rates and charges for the use of its facilities; make contracts for construction and other services; issue revenue bonds; and expend all funds received. These functions involve the exercise of the sovereign power of the State, and therefore, the members of the Charleston County Park and Recreation Commission appear to be officers for dual office holding purposes. See Op.Atty.Gen. dated June 24, 1983. Moreover, this Office has frequently concluded that members of other counties' recreation commissions would be considered officers. See, as examples, Ops.Atty.Gen. dated July 17, 1984; August 4, 1982; and October 21, 1980. There appears no reason to treat any differently a member of the Charleston County Park and Recreation Commission. Thus, I am of the opinion that a member of that body would also be considered an officer for dual office holding purposes. Based on the foregoing, a court would most likely conclude that simultaneous membership on both a local constituent school board and the Charleston County Park and Recreation Commission contravenes the State Constitution's dual office holding prohibitions. I trust this letter is responsive to your inquiry; however, should you have further questions, place do not hesitate to contact me. This letter is an informal opinion only. It has been written by a designated Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. Sincerely,

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Zeb C. Williams, III
Deputy Attorney General
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