Who appointed members of the Newberry County Community Hall Commission after county home rule?

Plain-English summary

A legislator asked whether Newberry County Council or the remaining members of the Community Hall Commission filled its seats. The commission’s 1949 creating act said later vacancies were filled by majority vote of remaining commissioners. The Assistant AG revisited a 1982 AG opinion applying the Home Rule Act, which directed county councils to provide by ordinance for appointments to county boards whose appointment was not set by general law or the state constitution, subject to statutory exceptions.

The 1982 opinion had concluded that county council was the appropriate body for these commission appointments, and a 1991 review found that analysis not clearly erroneous. The author reaffirmed that answer. He did not describe the text of any particular county ordinance or decide an individual appointment dispute. The letter was informal and concerned the commission as classified in those prior opinions.

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: Did the original 1949 act let remaining commissioners fill vacancies? A: Yes. The letter described that original rule, then applied later home-rule appointment authority.

Q: Who did the AG say should provide for appointments in 1997? A: Newberry County Council, under the earlier office interpretation of Section 4-9-170.

Q: Did the letter review a specific appointee?
A: No. It answered which body had appointment authority, without examining a particular ordinance or appointment.

Background and statutory framework

The letter compared Act No. 221 of 1949 with Section 4-9-170, then reaffirmed AG opinions dated September 23, 1982 and June 4, 1991. The statute’s quoted text excluded some school districts, special purpose districts, and other political subdivisions from council appointment authority.

Citations and references

Statutes discussed: Act No. 221 of 1949; Section 4-9-170. Prior AG opinions: September 23, 1982 and June 4, 1991.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-17-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97july17mcleod.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

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July 17, 1997

The Honorable Walton J. McLeod
Member, House of Representatives
308 Pomaria Street
Little Mountain, South Carolina 2907 5
Re:

Informal Opinion

Dear Representative McLeod:
Your recent opinion request has been forwarded to me for reply. You have asked whether the power to appoint members of the Newberry County Community Hall Commission (hereinafter "Commission") rests with the Newberry County Council or the remaining members of the Commission.

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The Commission was created by Act No. 221 of 1949. Included in this enabling legislation was a provision for the appointment of Commission members. Pursuant to this legislation, the initial members were appointed to staggered terms of office. Thereafter, it was provided that all vacancies on the Commission by reason of death, resignation or expiration of the term were to be filed by majority vote of the remaining members of the Commission. In 1982, former Attorney General McLeod was asked for an opinion as to the proper method of appointment for members of eight boards and commissions in Newberry County, including the Commission, which were created prior to the advent of Home Rule. In an opinion dated September 23, 1982 (copy enclosed), the former Attorney General examined the appointment of these boards and commissions in light of the Home Rule Act. In his analysis, the former Attorney General cited Section 4-9-170 of the South Carolina Code of Laws, which provides in pertinent part as follows:

POST OFFICE Box I 1549

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COLUMBIA,

s.c. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE: 803-253-6283

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The Honorable Wal ton J. McLeod
Page 2
July 17, 1997
... beginning January 1, 1980, the council shall provide by ordinance for the appointment of all county boards, committees and commissions whose appointment is not provided for by the general law or the Constitution, but this authority shall not extend to school districts, special purpose districts of other political subdivisions created by the General Assembly.

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The former Attorney General concluded that since the appointment of members of the Commission was not provided for by either the general law or the Constitution of South Carolina, the Newberry County Council was the appropriate body to provide for the appointment of members of the Commission. In 1991, this Office was asked to reconsider the September 23, 1982 opinion as it specifically related to appointments to the Newberry County Hospital Board. In an opinion dated June 4, 1991 (copy attached), this Office reviewed the September 23, 1982 opinion in its entirety and concluded that it was not clearly erroneous. Accordingly, as stated in the September 23, 1982 and June 4, 1991 opinions, it is the opinion of this Office that the Newberry County Council is the appropriate body to provide for the appointment of members to the Commission. This letter is an informal opinion only. It has been written by a designated assistant 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. With kindest regards, I remain Very truly yours,

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Paul M. Koch
Assistant Attorney General