Could an airport police officer who held a constable commission also serve on town council?

Plain-English summary

A town election official asked whether an officer employed by the Greenville-Spartanburg Airport Commission could also sit on town council. The Attorney General limited its answer to the reported source of the officer's police authority: appointment as a constable under Section 23-1-60. On that basis, it said the constable position did not count as an office for the constitutional dual office holding rule, so simultaneous town council service was permissible.

The opinion expressly cautioned that additional facts or authority under another statute might change the result. It did not classify every airport police job or every law-enforcement appointment.

Currency note

This opinion was issued in 1998. 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 employment by the airport commission itself bar town council service?
A: The AG said no on the supplied facts, because it analyzed only the officer's constable commission as the source of police authority.

Q: What if the officer had police authority under another statute?
A: The letter said its conclusion might be different and did not decide that situation.

Background and statutory framework

The letter applied the state constitutional dual office holding provision and an earlier AG interpretation of constable appointments under Section 23-1-60. Its reasoning was conditional on the request's description of the officer's authority.

Citations and references

• Section 23-1-60, the constable appointment statute identified in the letter.

Official title

Concerning whether a dual office holding situation exists if a law enforcement officer for the Greenville Spartanburg Airport Commission simultaneously serves as a member of town council.

Requester

Hazel Hall, Town of Lyman Election Commission

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-3-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98june3hall.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

June 3, 1998

I

Hazel Hall
Town of Lyman Election Commission
81 Groce Road
Lyman, South Carolina 29365

RE:

Informal Opinion

Dear Ms. Hall:
Your opinion request has been forwarded to me for reply. You have asked whether an individual employed as a law enforcement officer for the Greenville Spartanburg Airport Commission may simultaneously serve as a member of town council. It is my understanding that this individual derives his law enforcement authority solely from his appointment as a constable pursuant to Section 23-1-60 of the South Carolina Code of Laws and is compensated by the Airport Commission. Thus, this opinion will only address the question of whether a constable appointed pursuant to Section 23-1-60 may serve as a member of town council. Article XVII, Section IA of the State 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 notary public. This Office has previously interpreted this provision as being applicable only to individuals appointed by the Governor pursuant to Section 23-1-60 of the South Carolina Code of Laws as state constables. Op. Atty. Gen. dated January 3 1, 1992. Based on the infonnation provided, this individual derives his law enforcement authority solely from his constable commission pursuant to Section 23-1-60. Therefore, such position would not be considered an office for dual office holding purposes. Accordingly, an individual holding a constable commission pursuant to 23-1-60 may Rl·MH ERT

c. DENNI S Bull. DING

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POST OFl'ICE Box 11549

4~d~zt7A . J

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COLUMBIA, S. C. 29211-1549

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TELEPHON E:

80.1-734-3970

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FACS IMILE : 803-253·<l2X J

Ms. Hall
Page 2
June 3, 1998
simultaneously serve on town council. Of course, this opinion is based on the information provided. If there are additional facts which at the present time I am unaware or if this individual derives his law enforcement authority through another statute, the conclusions reached herein may be different.

IL

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This letter is an informal opinion only. It has been written 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 opinion. With kindest regards, I remain Very truly yours,

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Paul M. Koch
Assistant Attorney General