Could Charleston’s register spend office revenue on document scanners without a county appropriation?

Plain-English summary

Charleston County’s register asked in 2005 whether he could use his office’s revenue to buy high resolution equipment for scanning historic documents after an unsuccessful request for county funding. The Attorney General said he could not spend public money for an unappropriated item outside the normal county budget process. The register’s elected status and records duties did not remove the appropriation requirement.

The AG noted that the county could make a supplemental appropriation under the statute. He also suggested contacting the South Carolina Department of Archives and History about preserving the documents.

Currency note

This opinion was issued in 2005. 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

Did the register’s separate office revenue let him bypass the county budget?
No. The AG said public money could not be spent for the equipment without an appropriation.

Did the register’s oath or independence from the county administrator change that answer?
No. The opinion acknowledged both points but treated the appropriation requirement as controlling the expenditure.

Did the opinion identify another budget route?
Yes. The AG said a supplemental county appropriation might authorize the purchase.

Background and statutory framework

The register cited the provision limiting county administrators’ authority over elected officials. The AG read that alongside the statute requiring county council to adopt annual operating and capital budgets and recognized the possibility of a supplemental appropriation.

Citations and references

• Section 4-9-650: county administrator authority over elected officials.
• Section 4-9-140: county budget and supplemental appropriation provisions.

Official title

Questioning whether you have the authority to go outside the normal budge process, using your own revenue stream, to protect historic documents. Also, cited the provisions of S.C. Code Ann. § 4-9-650 (1986).

Requester

The Honorable Charlie Lybrand, Register Mesne Conveyance

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-1-2005-2/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05march-1Lybrand.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY Mc:MAsTER
ATTORNEY GENERAL

March 1, 2005

The Honorable Charlie Lybrand
Register Mesne Conveyance
County of Charleston
101 Meeting Street
Charleston, South Carolina 29401
Dear Mr. Lybrand:
In a letter to this office you indicated that you are experiencing difficulty with protecting historic documents that are part of your office. To remedy the problem you have asked the County Administration for $45,000.00 to purchase high resolution imaging equipment to scan these documents but the Administration has been nonresponsive. As a result you are questioning whether you have the authority to go outside the normal budge process, using your own revenue stream, to protect these documents. You cite the provisions of your oath which include the obligation "to exercise the duties of the office to which ...(you) ...have been elected." You also indicated that recording documents and protecting them for posterity is your main duty and responsibility. You further cited the provisions of S.C. Code Ann.§ 4-9-650 (1986) which state that With the exception of organizational policies established by the governing body, the county administrator shall exercise no authority over any elected officials of the county whose offices were created either by the Constitution or by the general law of the State. While acknowledging the requirements of your oath of office and the provisions of Section 4-9-650, it is also the requirement that county officials or county offices cannot spend money without an appropriation. Pursuant to S.C. Code Ann.§ 4-9-140 (1986), a "(c)ounty council shall adopt annually and prior to the beginning of the fiscal year operating and capital budgets for the operation of county government.. .. " As stated in an opinion of this office dated October 14, 1988, "(a)ll appropriations by a county must be reflected in its budget adopted pursuant to Section 4-9-140." Generally, public agencies are required to spend monies in accordance with appropriations act provisions. See: Op. Atty. Gen. dated February 23, 1982. As determined by opinions of this office dated January 17, 1990 and July 31 , 199 I , public monies cannot be spent in a manner inconsistent with county provisions restricting the use of public funds. Consistent with such, in my opinion, it would be inappropriate for you to go outside the normal appropriations process in order to spend public monies for an item for which there was no appropriation.

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REMsj C. DENNIS Bun.o1No • POST OmcE Box 11549 • COWMBIA, S.C. 29211-1549 •

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TEl..EPooNE: 803-734-3970

• f ACSIMn..E: 803-253-6283

The Honorable Charlie Lybrand
Page2
March 1, 2005

Of course, pursuant to Section 4-9-140, counties are authorized to make supplemental appropriations. Therefore, it may be possible for the county to make a supplemental appropriation authorizing the purchase ofthe referenced equipment. I would additionally suggest that you consider contacting the South Carolina Department of Archives and History for their possible assistance in preserving the documents at issue.

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With kind regards, I am,

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Very truly yours,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General

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