Who appointed a public housing resident to a municipal housing authority board in South Carolina in 2000?

Plain-English summary

Greenville's city attorney asked who appointed the commissioner who was directly assisted by a municipal housing authority and how long that person served. The 2000 informal opinion reconciled two sentences of the amended statute: the council appointed the other commissioners, while the mayor alone appointed the directly assisted commissioner unless authority rules required an election by other assisted residents.

For a resident the mayor appointed, the AG said the appointment lasted at the mayor's pleasure and expired with the mayor's term, rather than creating a five-year or lifetime term. The letter also said the mayor had to remove that commissioner if the person vacated or was evicted from the public housing unit.

Currency note

This opinion was issued in 2000. 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 whole city council appoint the assisted-resident commissioner?
A: The AG said no under the rules described. The mayor alone appointed that commissioner unless the authority's rules required an election by assisted residents.

Q: Did that commissioner receive a five-year term?
A: No. The opinion distinguished the fixed terms of other commissioners from the assisted-resident seat and concluded that a mayoral appointee served at the mayor's pleasure through the mayor's term.

Q: What happened if the commissioner left the public housing unit?
A: The letter read the statute to require the mayor to remove the commissioner automatically upon vacating or eviction.

Background and statutory framework

The opinion read the appointment and tenure provisions of 31-3-340 together so neither the council-appointment sentence nor the mayor-appointment sentence lost effect. It used the removal language of 31-3-370 to reinforce its reading of the resident seat. Its tenure conclusion applied to a resident appointed by the mayor; it did not separately decide the tenure of a resident chosen under an election rule.

Citations and references

• 31-3-340, appointment and tenure of municipal housing authority commissioners.
• 31-3-370, removal of the directly assisted commissioner after vacating or eviction.

Official title

Requesting on Act No. 50, effective June 1, 1999, which amends Chapter 3 of title 31of the South Carolina Code of Laws, with regard to the appointment and tenure of “directly assisted” persons to municipal housing authorites.

Requester

Ronald W. McKinney, Esquire

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-25-2000/
• Original PDF: https://www.scag.gov/wp-content/uploads/2000/07/00july25mckinney.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON

ATIORNEY GE"IERAL

July 25, 2000

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Ronald W. McKinney, Esquire
Greenville City Attorney
P.O. Box 2207
Greenville, S. C. 29602
RE:

Opinion Request of October 15, 1999

Dear Mr. McKinney:
You requested an opinion of this Office on Act No. 50, effective June I, 1999, which amends Chapter 3 ohitle 31 of the South Carolina Code of Laws, with regard to the appointment and tenure of "directly assisted" persons to municipal housing authorities. By analyzing the specific statutes under South Carolina law on statutory interpretation, we respond as follows to your specific questions:

1. Shall "directly assisted" persons who are appointed to a municipal housing
   au thority be appointed by the mayor alone or by the mayor and council? Section 31-3-340 of South Carolina Code of Laws on the appointment of commissioners to municipal housing authorities was amended in 1999 to read as follows:

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When the council of a municipality adopts a resolution as provided in this chapter. the council shall appoint not less than five nor more than seven persons as commissioners of the authority created for the municipality. At least one of the commissioners appointed shall be a person who is directly assisted by the public housing authority . . .. The mayor shall appoint the person directly assisted by the authority unless the authority's rules require that the person be elected by other persons who are directly assisted by the authority. S.C. Code Ann.§ 31-3-340 (Law. Co-op. Supp. 1999) (omitting the exception to the requirement for a commissioner who is directly assisted by the authority). In your opinion request, you stated that the rules of the authority do not require that the "directly assisted" commissioner be elected by others

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Ronald W. McKinney, Esquire
July 25, 2000
Page 2

who are directly assisted by the authority.
From the language of this statute, it appears that the first sentence that the council appoints the commissioners of the authority conflicts with the sentence regarding the mayor appointing the ''directly assisted'' commissioners. Resort must be made, ho\Yever. to accepted rules of statutory construction to resolve this inconsistency. The intention of the legislature is the primary guideline used in interpreting a statute. Alton New1on Evangelistic Ass'n, Inc. v. South Carolina EmploYment Security Commission, 284 S.C. 302, 326 S.E.2d 165 (Ct. App. 1985). "'The intention of the legislature is to be ascertained primarily from the language used in the statute .... " 82 C.J.S. Statutes§ 322b( 1). As long as the interpretation is reasonable and not in conflict with the legislative intent, it is a cardinal rule of construction of statutes that force, meaning, significance, or eft~ct must be given if possible, and if it can fairly and reasonably be done, to the \vhole statute and every part, section and provision thereof and to all the language employed or contained therein so that no part will become inoperative, and so as to render the statute harmonious, consistent and symmetrical
\Vhole. 82 C.J.S. Statutes§ 345. See also Jollv v. Atlantic Grevhound Corp .. 207 S.C. L 35 S.E.2d 42 (1975).

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Follo\ving these statutory interpretation guidelines, these t\VO apparently inconsistent p011ions of section 31-3-340 may be interpreted so as to give meaning and effect to both parts. While the whole council appoints five to seven commissioners, one of these commissioners must be directly assisted by the authority, unless the exception contained within the statutc is met and the mayor alone appoints the '"directly assisted" commissioner unless the ruks of the authority require that the "'directly assisted" commissioner is elected by others vvho are directly assisted by the authority. The section on remo\·aJ of commissioners reinforces that the mayor alone appoints the
·'directly assisted" commissioner:

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The commissioner who is directly assisted by the authority must remain ::is an assisted resident in order to continue service on the board of commissioners. f n the event that the commissioner who is directly assisted by the authority \acates the public housing unit or is evicted from the public housing uniL the mayor must automatically remove the commissioner from the board of commissioners \ith no opportunity to be he::ird or to contest the removal. S.C. Code Ann.~ 31-3-370 (Law. Co-op. Supp. 1999). Thus, the mayor alone, not the council as a whole, appoints the "directly assisted" commissioner unless the rules <Jf the authority require that this commissioner is elected by others directly assisted hy the authority

Ronald W. McKinney, Esquire
July 25, 2000
Page 3

2. Shall directly assisted persons who are appointed to a city housing authority serve
   a term of five years or are they appointed for life if they othenvise continue to be qualified as "directly assisted" persons? With regards to the terms of the commissioners of the authority. Section 31-3-340 specifies as follows: The commissioners. other than the commissioner who is directly assisted by the authority. shall serve for terms of one, two. three, four. and five years. respectively. from the date of their appointment, but thereafter commissioners. other than the commissioner who is directly assisted by the authority, shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. The commissioner who is directly assisted by the auth01ity must remain as an assisted resident in order to continue service on the board of comm1ss10ners. S.C. Code Ann. § 31-3-340. As outlined above under the section entitled .. Removal of commissioners.'' if the ·'directly assisted'' commissioner vacates or is evicted from the public housing unit, the mayor must automatically remove the ·'directly assisted" commissioner from the board. See S.C. Code Ann. § 31-3-3 70 (law. Co-op. Supp. 1999).

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As you noted in your opinion request, the statute does not provide for a term limit for the
·'directly assisted" commissioner. As you noted further, life tenure for public officers is not favored and is authorized only in exceptional circumstances. 67 C.J.S. Officers.§ 69. As \Ve have stated in previous opinions, it is a general rule that when the term or tenure ofa public officer is not fixed by law, and the removal is not governed by constitutional or statutory provision. the power of removal is incident to the power to appoint and the tem1 of the appointed oflicer expires vvith the expiration of the tem1 of the appointing body. Id. Thus. the appointing pO\·er. \vhen the tem1 is not fixed by law. may remove the appointee at pleasure and without notice or opportunity to be heard. State ex rel. Williamson v. Wannamaker, 213 S.C. !, 48 S.E.2d 601 (1948). See 1997 S.C. Op. Atty. Gen .. 1997 WL 205819 (feb. 14. 1997): 1997 S.C. Op. Atty. Gen .. 1997 \VL 323766 (\lay 13. 1997J: 1988 S.C. Op. Any. Gen. 79 (Mar. 11. 1988): 1985 S.C. Atty. Gen .. 1985 \VL 259244 (\by 23. 1985 ). Of course. removal f(.1r such unconstitutional reasons as r3cc or religion may be construed as a restriction on the removal power. ht Based upon this la\v. the "directly assisted'' commissioner. when appointed by the mayor. serves at the pleasure of the mayor. and the term of the "directly assisted" commissioner expires with the term of the mayor. Further. if the .. directly assisted" commissioner \acatcs or is evicted from the housing authority, the mayor must remove the commissioner.

Ronald W. McKinney. Esquire
July 25, 2000
Page 4

I trust this analysis adequately responds to the questions posed. This letter is an informal opinion only. It has been mitten 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 opm10n.

an
Assistant Attorney General

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