Could one person serve on both the Marion County Planning Commission and a local school board?

Plain-English summary

In 2011, the South Carolina Attorney General concluded that one person could not simultaneously serve on the Marion County Planning Commission and the Marion County School District 2 Board. The state constitution barred holding two offices of honor or profit at the same time, subject to stated exceptions. The AG treated each board seat as a public office because its duties involved some exercise of the state's sovereign power.

The opinion drew on earlier AG opinions treating county and municipal planning commissioners as officers. It also cited opinions treating county school board members, including members of Marion County school boards, as officers. The conclusion addressed the two memberships described in the senator's request; it did not analyze a planning commission employee or a school district employee.

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 Marion County planning commissioner also join School District 2's board? A: No. The AG concluded that serving on both bodies at the same time would violate South Carolina's constitutional dual office holding provision.

Why did a planning commission seat count as an office?
A: The AG said the commission's statutory powers, qualifications, and duties involved some sovereign power. It also followed prior AG opinions on planning commissioners.

Did the school board seat count as an office too?
A: Yes. The AG relied on its prior opinions about county school boards and specifically about Marion County school boards.

Was the method of selection decisive?
A: The opinion described a county council appointment and school board selection, but its reasoning turned on whether both positions were public offices, not on how the person obtained them.

Background and statutory framework

A state senator asked about a person appointed by Marion County Council to the county planning commission who might also serve on the local school board. The AG applied Article XVII, Section IA of the South Carolina Constitution and the public-office test from Sanders v. Belue and State v. Crenshaw, then reviewed the powers of local planning commissions under Title 6, Chapter 29 and its earlier school board opinions.

Citations and references

The opinion quotes Article XVII, Section IA and cites § 6-29-320. Its conclusion is that the two board seats, held together, constitute prohibited dual office holding.

Official title

Concerning dual office holding. Specifically, whether it would be allowed for an individual who has been appointed by the Marion County Council to serve on the county planning commission to also be selected by the Marion County Board of Education to serve on the local school board for the Marion County School District 2 Board.”

Requester

The Honorable Kent M. Williams, Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-19-2011/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/07/williams-k-m-os-9197-7-19-11-dual-office-holding.pdf

Original opinion text

ALAN WILSON

A TIORNEY GENERAL

July 19, 2011

The Honorable Kent M. Williams
South Carolina Senate
PO Box 1514
Marion, SC 29571
Dear Senator Williams:
We received your letter requesting an opinion of this Office concerning dual office holding. You asked whether it would be allowed for an "individual who was appointed by the Marion County Council to serve on the county planning commission to also be selected by the Marion County Board of Education to serve on the local school board for the Marion County School District 2 Board." Law/Analysis Article XVII, section IA of the South Carolina Constitution prohibits a person from holding "two offices of honor or profit at the same time, but any person holding another office may at the same time be an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public." To contravene this provision, a person concurrently must hold two offices having duties that involve the exercise of some portion of the sovereign power of the State. Sanders v. Belue, 78 S.C. 171, 174, S.E. 762, 763 (1907). "one who is charged by law with duties involving an exercise of some part of the sovereign power, either great or small, in the performance of which the public is concerned, and which are continuing, and not occasional or intermittent, is a public officer." M:, 58 S.E. 762, 763. Furthermore, our courts recognize other relevant considerations in determining whether an individual holds an office, such as, whether a statute, or other such authority, establishes the position, proscribes the position's duties or salary, or requires qualifications or an oath for the position. State v. Crenshaw, 274 S.C. 475, 477, 266 S.E.2d 61, 62 (1980). Title 6, Chapter 29, Article I of the South Carolina Code of Laws of 1976 governs the creation of local planning commissions. S.C. Code § 6-29-320 states that the ·~county council of each county may create a county planning commission." The powers, qualifications and duties of a local planning commission, as described in Article 1 makes it clear that members exercise some degree of sovereign power of the state, meaning that membership on the Planning Commission constitutes an office within the definition of the Sanders and Crenshaw cases, supra. See, S.C. Code§§ 6-29-340- 6-29-380. On numerous occasions, this Office opined that a member of a county or municipal planning commission holds an office for purposes of dual office holding. See, Ops. S.C. Atty. Gen., November 27, 2007 (City of Mauldin Planning Commission); May 9, 2007 (Spartanburg Planning Commission); December 1,2006 (Myrtle Beach Planning Commission); April 10, 2006 (Town of Bluffton Planning Commission); May 8, 2001

REMBERT

c. DENNIS BIBLDING • POST OFFICE Box 11549 • COLUMBIA, SC 29211-1549 • TELEPHONE 803-734--3970 • FACSIMILE 803-253-6283

The Honorable Kent M. Williams
Page2
July 19, 2011

(Horry County Planning Commission); August 3, 2000 (Charleston County Planning Commission) (emphasis added). Further, we have also determined numerous times that a member of a county school board would hold an office within the meaning of the dual office holding provision. See, Ops. S.C. Atty. Gen., September 3, 2010; December 12, 2007; June 16, 2006; January 29, 1997; July 31, 1992; September 24, 1982 (emphasis added). Specifically, we have opined that one serving on a Marion County School Board would be considered an officer for dual office holding purposes. Ops. S.C. Atty. Gen., July 8, 1983 (Marion County School Boards); July 20, 1976 (Marion County School District #4 Board); September 29, 1975 (Marion District # 1 School Board). Conclusion

Consistent with our prior opinions, it is the opinion of this Office that simultaneously serving on the Marion County Planning Commission and serving as a member of the Marion County School District 2 Board would constitute dual office holding in contravention of Article XVII, Section IA of the South Carolina Constitution. Sincerely,

«~ ~Ju.rei!J! ~ ~~
Leigha Blackwell Sink
Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Deputy Attorney General