Could a South Carolina Baptist education director also serve as a Rock Hill school trustee in 2006?

Plain-English summary

In 2006, the South Carolina Attorney General concluded that Gwendolyn Conner could serve both as director general of the South Carolina Baptist Congress of Christian Education and as a trustee for Rock Hill School District Three without violating the state's constitutional dual office holding rule.

The opinion treated a school trustee as a public officer. Based on the organization's constitution and the facts supplied, it understood the Baptist Congress to be a private religious organization that was not established by government and whose leadership did not exercise state sovereign power. The director role therefore was not a second public office for this purpose.

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

Q: Was the school board trustee seat an office under the rule considered?
A: Yes. The Attorney General relied on earlier opinions treating school board and trustee positions as public offices.

Q: Why did the Baptist Congress position not count as an office?
A: The opinion presumed the organization was private and religious, neither created by government nor able to exercise the state's sovereign power.

Q: Did the opinion find a dual office violation?
A: No. It concluded that simultaneous service in the two described positions did not violate the constitutional prohibition.

Background and statutory framework

The opinion explained that prohibited dual office holding required two positions involving some exercise of state sovereign power. It identified legal creation, defined duties or salary, qualifications, and an oath as other considerations, then applied those criteria to the supplied organizational facts.

Citations and references

The linked opinion quotes the state constitutional dual office provisions and discusses earlier South Carolina decisions and Attorney General opinions.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-21-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06july21connor.pdf

Original opinion text

HENRY M CMASTER
ATTORNEY GENERAL

July 21, 2006

Ms. Gwendolyn Conner
Post Office Box 12271
Rock Hill, South Carolina 29731
Dear Ms. Conner:
We received your letter seeking our opinion regarding dual office holding. You state you currently serve as the Director General for the South Carolina Baptist Congress of Christian Education and are considering running for a position as trustee for Rock Hill School District Three.

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Provision in the South Carolina Constitution (Article VI, Section 3) prohibits dual office holding. Since members ofthe School Board are officers of the state, please advise me of any potential legal ramifications that may occur as a result of my being elected to the School Board, while also serving as an elected member of the SC Baptist Congress of Christian Education.

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After our review of the these two positions, we find your service as the Director General for the South Carolina Baptist Congress of Christen Education does not constitute an office for dual office holding purposes. Accordingly, service in both this position and as a trustee for Rock Hill School District Three do not violate the constitutional prohibition on dual office holding.

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Law/Analysis

You are correct that article VI, section 3 of the South Carolina Constitution (Supp. 2005) prohibits a person from holding "two offices of honor or profit at the same time." Furthermore, article XVIl, section 1A of the South Carolina Constitution (Supp. 2005) also prohibits a person from holding "two offices of honor or profit at the same time .... " In order to contravene these provisions, 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. Beluej 78 S.C. 171 , 174, S.E. 762, 763 (1907). Furthermore, our courts recognize other relevant considerations in determining whether a 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).

Ms. Conner
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July 21, 2006

On numerous occasions, this Office determined a member of a county school board or board of trustees is an officer for dual office holding purposes. Ops. S.C. Atty. Gen., April 20, 2006; December 20, 2005; May 27, 2004; April 20, 2004; January 17, 1985; July 8, 1983. Thus, we must solely determine whether your position as the Director General for the South Carolina Baptist Congress of Christian Education is an office for purposes of dual office holding.

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In your letter, you describe the South Carolina Baptist Congress of Christian Education as an auxiliary of the South Carolina Baptist Educational and Missionary Convention, Inc. In addition, you included a copy of the South Carolina Baptist Congress of Christian Education's Constitution with your letter. From this information we infer that the South Carolina Baptist Congress of Christian Education is a private, religious organization. We also presume such an organization is not created through any action of the State or its political subdivisions and thus, its governing body does not have any authority to exercise the sovereign power of the State. Accordingly, we do not find your position to be an office for dual office holding purposes. As such, your simultaneous service as the Director General for the South Carolina Baptist Congress of Christian Education and as a trustee for Rock Hill School District Three would not violate of the dual office holding prohibition contained in the Constitution.

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Cydney M. Milling
Assistant Attorney General

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REVIEWED AND APPROVED BY:

Assistant Deputy Attorney General