Could an Isle of Palms planning commissioner also serve on its public works commission?

Plain-English summary

In March 1995, the attorney for the City of Isle of Palms asked whether one person could sit on both its planning commission and public works commission. Assistant Attorney General Patricia Petway regarded a planning commissioner as a public officer. She concluded that a public works commissioner also would be an officer assuming the city's commission was established under the statutory scheme she described. On that basis, she said simultaneous service would most probably contravene the South Carolina Constitution's dual-office prohibition.

Currency note

This opinion was issued in 1995. 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.

Historical summary

Planning and public works commissioners

The letter treated planning commission membership as an office for dual-office purposes, based on earlier AG opinions and statutes cited in the letter. It applied a conditional analysis to public works commissioners: the statutory scheme discussed involved elections, six-year terms, an oath, and specified powers. The opinion did not independently establish which scheme created the Isle of Palms commission.

Municipal officials

The writer's conclusion was expressed as “most probably” and was tied to her assumption about the public works commission. The letter addressed simultaneous service on these two specific city bodies.

Common questions

Did the 1995 letter approve holding both positions? No. Under its stated assumption, it said the two posts most probably amounted to prohibited dual-office holding.

Why did the planning commission seat count as an office? The writer relied on prior AG opinions treating municipal planning commissioners as office holders and on statutes describing restrictions on those members.

Did the public works conclusion apply regardless of how that commission was created? No. The writer expressly assumed that the Isle of Palms commission arose under the statutory scheme she analyzed.

Background and statutory framework

The letter applied Article XVII, Section IA of the state constitution and the public-office test described in Sanders v. Belue and State v Crenshaw, among other authorities. It also cited planning-commission statutes and a prior opinion about a comparable public works commission. Its conditional conclusion concerned the two Isle of Palms posts in 1995.

Citations and references

• Article XVII, Section IA: constitutional dual-office restriction.
• §5-23-420 and §6-29-350 (B): planning-commission provisions cited in the letter.
• Sanders v. Belue and State v Crenshaw: cases cited for the public-office inquiry.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-14-1995/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1995mar14dreyfoos.pdf

Original opinion text

T. TRAVIS MEDLOCK

REMBERT C. DENNIS DUii.DiNO
POSTOtl-lCBDOX llS4!1
COWMBIA. S.C. 2921 I· IS49
TEU!PllONE: IOJ.734-1970
PACSIMIU!: IOJ.2.Sl-6213

ATTORNEY GENERAL

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March 14, 1995

William W. Dreyfoos, Esquire
Attorney for City of Isle of Palms
180 Meeting Street, Suite 305
Charleston, South Carolina 2940 I
RE: Informal Opinion
Dear Mr. Dreyfoos:

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By your letter of March 7, 1995, you requested an opinion as to whether an individual may serve simultaneously as both a member of the City of Isle of Palms Planning Commission and a Commissioner of the City's Commission of Public Works without violating the dual office holding prohibitions of the South Carolina Constitution. 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 a notary public. For this provision to be contravened, a person concurrently must hold two public offices which have duties involving an exerci~e 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). This Office has advised on numerous occasions that one who serves on a municipal planning commission would be considered an office holder for dual office holding

Mr. Dreyfoos
Page 2
March 14, 1995

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purposes. See, as examples, Ops. Att'y Gen. dated February 8, 1983 (City of Conway Planning Commission); April 5, 1990 (City of Florence Planning Commission); August 24, 1992 (City of Florence); June 26, 1978 (City of Rock Hill Planning Commission); March 29, 1982 (Town of Lexington); and others. See also S.C. Code Ann. §5-23-420 (appointive members of municipal planning commissions shall hold no other municipal office except that one of the members may be a member of the board of adjustment); §67-360 ("No member of a planning commission may hold an elected public office in the municipality or county from which he is appointed. . . ."); and §6-29-350 (B) ("No member of a planning commission may hold an elected public office in the municipality or county from which appointed...."). Thus, I am of the opinion that a member of the Planning Commission of the City of Isle of Palms would be considered an office holder
. for dual office holding purposes.
This Office has previously examined the pos1t1on of Commissioner of the Combined Utility System of the City of Easley, by an opinion dated April 12, 1993; the opinion of this Office was that such a position would constitute an office for dual office holding purposes. The Commission examined in that opinion was felt to be a municipal commission of public works established pursuant to Chapter 31 of Title 5, S.C. Code Ann., under which statutory scheme an election for commissioners of public works was provided, six-year terms of office were established, the commissioners were required to take an oath, and powers exercised by the commissioners were specified. Assuming that the Commission of Public Works of the Isle of Palms was established pursuant to this statutory scheme, I am of the opinion that a member or commissioner thereof would be an officer for dual office holding purposes. Based on the foregoing, I am of the opinion that one who would serve simultaneously as a member of the Planning Commission of the City of Isle of Palms and as a Commissioner of Public Worlcs of the City of Isle of Palms would most probably hold two offices in contravention of the dual office holding prohibitions of the South Carolina Constitution. 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.

Mr. Dreyfoos
Page 3
March 14, 1995

I trust that this informal opinion satisfactorily resolves your inquiry. Please advise if additional assistance or clarification should be needed. f

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With kindest regards, I am
Sincerely,

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Patricia D. Petway
Assistant Attorney General