Could Bonneau's mayor also sit on Berkeley County's advisory rural fire control board in 2000?

Plain-English summary

Bonneau's mayor asked whether he could also serve on Berkeley County's Advisory Rural Fire Control Board. The June 2000 AG opinion said he could. A mayor was a public officer, but the county board's role was largely advisory: the cited act described its sole duty as coordinating local rural fire control boards, while actual governmental power appeared to remain with those local boards.

The letter also noted that the advisory board's ordinance specified no oath, compensation, or qualifications for members. Applying the state's dual-office test and prior opinions on advisory bodies, the AG concluded that this second seat was not a public office. The letter did not address a board with broader powers than the one described.

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: Was the mayor's position considered a public office?
A: Yes. The AG relied on earlier opinions classifying municipal mayors as officeholders.

Q: Why did the fire board seat not count as a second office?
A: Its stated duty was coordination, and the AG said any actual sovereign power appeared to be exercised by the local fire control boards instead.

Q: Did this answer cover every fire board?
A: No. It applied to the particular Berkeley County advisory board and the powers described in its ordinance.

Background and statutory framework

The opinion applied Article XVII. Section 1A and the public-office test discussed in Sanders v. Belue and State v. Crenshaw. It examined Ordinance No. 80-3-5 and the earlier act defining the advisory board's coordinating duty. The absence of an oath or compensation supported, but did not alone determine, the conclusion.

Citations and references

• Article XVII. Section 1A, South Carolina's dual-office rule.
• Ordinance No. 80-3-5, the Berkeley County board ordinance described in the letter.
• Sanders v. Belue and State v. Crenshaw, cited on public-office status.

Official title

Asking whether a dual office holding situation exists if the Mayor of the Town of Bonneau, South Carolina simultaneously serves as a member of the Berkeley County Advisory Rural Fire Control Board.

Requester

The Honorable Rembert E. Wrenn, Mayor, Town of Bonneau

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-2-2000-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/00june2wrenn.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATTORNEY GENERAL

June 2, 2000

The Honorable Rembert E. Wrenn
Mayor, Town of Bonneau
Post Office Box 70
Bonneau, South Carolina 29431
Dear Mayor Wrenn:
By your letter of May 25, 2000, you have asked whether a dual office holding situation would exist if you were to serve simultaneously as Mayor of the Town of Bonneau, South Carolina and as a member of the Berkeley County Advisory Rural Fire Control Board. For the reasons set forth below, it is my opinion that concurrent service in these positions does not violate the South Carolina Constitution's prohibition against dual office holding. 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, a member of a lawfully and regularly organized fire department, constable, or a notary public. As concluded by Attorney General Daniel McLeod in an opinion dated April 26, 1977, "[t]o determine whether a position is an office or not depends upon a number of circumstances and is not subject to any precise formula." The South Carolina Supreme Court, though, has held that for this provision to be contravened, a person concurrently must hold two 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). "One who is charged by law with duties involving an exercise of some part of the sovereign power, either small or great. in the performance ohvhich the public is concerned, and which are continuing and not occasional or intermittent, is a public officer." Id., 78 S.C. at 174. Other relevant considerations. as identified by the Court. are whether statutes, or other 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). This Office has concluded on numerous occasions that one who serves as a mayor of a municipality would hold an office for dual office holding purposes. Ops . Ally. Gen. dated April9, 1997,November2, 1994,July28, 1993,February25.1992andSeptember21, 1989. Therefore, having determined that a mayor is an office holder within the meaning of Art.

Mayor Rembert E. Wrenn
Page2
June 2. 2000

XVII, Sec. lA, it is necessary, then, to address whether membership on the Berkeley County Advisory Rural Fire Control Board would likewise constitute an office. Along with your request, you forwarded a copy of the Berkeley County Ordinance creating the Advisory Rural Fire Control Board (Ordinance No. 80-3-5). Members are appointed by County Council for terms that are "concurrent with the term of the Council Member from the district which they represent, or until their successors are appointed and qualify." No provision is found in the ordinance requiring members to take an oath, and no compensation is provided for in the ordinance. Moreover, no qualifications to be met by members are specified in the ordinance. The preamble to the ordinance states that it was County Council's "desire to create an advisory rural fire control board possessing the same duties as the advisory rural fire control board established by Act No. 1055 [of the 1964 Acts And Joint Resolutions]." (Emphasis added.) According to Act No. 1055 of 1964, the Board's sole duty "shall be to coordinate the activities of the local rural fire control board." Thus, it appears that the Berkeley County Advisory Rural Fire Control Board is largely advisory in nature and that the actual exercise of sovereign power, if any. is carried out by the local fire control board. This Office has concluded on numerous occasions that members of advisory bodies are not considered ofiice holders. See, e.g., Ops. Atty. Gen. dated May 9, 1989 (Indigent Care Advisory Board); May 15. 1989 (Wark Support Advisory Council); and February 6, 1985 (Wateree District Advisory Board of Health). Therefore, based upon the reasoning and conclusions of these earlier opinions. a member of the Berkeley County Advisory Rural Fire Control Board would not be deemed an office holder for dual office holding purposes. Accordingly, it is my opinion that as Mayor of the Town of Bonneau, South Carolina you may simultaneously serve on the Berkeley County Advisory Rural Fire Control Board without contravening the dual office holding prohibitions of the State Constitution. I trust this information is responsive to your inquiry and that you will not hesitate to contact me if I can be of additional assistance. Sincerely yours.

Zeb C. Williams, III
Deputy Attorney General
ZCW/an