Could Gaffney’s fire chief also work as a reserve police officer while certified as a fire marshal?

Plain-English summary

Gaffney's fire chief asked whether he could also serve as a reserve police officer. He was already certified as a fire marshal. The 1996 opinion said the state constitution exempted members of an organized fire department from its dual-office rule, so the chief's fire department position did not count as an office for that purpose.

The AG treated the certified fire marshal and reserve police positions differently. Each counted as a public office under earlier opinions. He concluded that the chief could hold the fire and fire marshal roles, but adding reserve police service at the same time would most likely violate the constitutional prohibition on holding two offices. The linked letter refers to copies of earlier opinions as enclosures; its own reasoning and conclusion are present in the available PDF.

Currency note

This opinion was issued in 1996. 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 the chief's fire department role not count as a second office? A: The opinion applied the constitutional exception for members of a lawfully and regularly organized fire department to the chief's position.

Q: Did a reserve police position count as a public office? A: Yes. The AG said earlier opinions had consistently treated reserve police officers as officeholders for this rule.

Q: Could the chief combine fire marshal certification with reserve police service? A: The opinion said a certified fire marshal also held an office. Holding that position together with a reserve police office would most probably violate the dual-office restriction.

Background and statutory framework

The opinion applied Article XVII, Section 1A of the South Carolina Constitution and its fire-department exception. It also referred to §23-9-30 concerning certified fire marshals and to earlier AG positions on reserve police officers.

Citations and references

Statute discussed: §23-9-30.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-13-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96jun13parris.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

June 13, 1996

Don Parris, Fire Chief
City of Gaffney
Post Office Box 2109
Gaffney, South Carolina 29342

RE: Informal Opinion
Dear Chief Parris:
By your recent letter of the Office of Attorney General Condon,. you have requested an opinion as to whether you may serve as Fire Chief of th e City of Gaffney and also as a reserve police officer at the same time without violating <he dual office prohibitions of the South Carolina Constitution. You have also advised that you are a Certified Fire Marshal, for inspection duties. Article XVII, Section 1A of the South Carolina Constitution provides that "no person may hold two offices of honor or profit at the same time ... ," with exceptions specified for an officer in the militia, member of a lawfully and regularly organized fire department, constable, or a notary public. 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). As stated in the preceding paragraph, the Constitution exempts from dual office holding those persons who are members of a lawfully and regularly organized fire department. Thus, by operation of the Constitutic·n, your position as Fire Chief woul<l not be considered an office for dual office holding purposes. See Op. Att'y Gen. dated January 19, 1994 (copy enclosed). COLl.iMBIA. $ .C. 29211 · l5~9

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TELEPHONE: 803·734-3970

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FACS:MI LE: 80~·25J-628~

Don Parris, Fire Chief
P<1ge 2
June 13, 1996
This Office has advised on numerous occasions that a reserve police officer would be considered an officer for dual office holding purposes. See Ops. Att'y Gen. dated June 5, 1979 and April 14, 1993 (copies enc)osed). Finally, this Office has advised previously that one who is certified by the State Fire Marshal pursuant to S.C. Code Ann. §23-9-30 as a Fire Marshal would be considered an office holder for dual office ho1ding purposes. See Ops. Att'y Gen. dated February 25, 1992 and October 24, 1986 (copies enclosed). Based on the foregoing, I am of the opinion that you may serve as Fire Chief and as a Certified Fire Marshal without dual office holding problems. If, however, you were to serve also as a reserve police officer at the same time you hold the other two positions and certifications, you would most probably violate the dual office holding prohibitions of the South Carolina Constitution. This letter is an informal opinion only. It has been written by a designated Senior 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 am Sincerely,

Patricia D. Petway
Senior Assistant Attorney General
Enclosures