Could a South Carolina county veterans affairs officer also serve on county council?

Plain-English summary

A Fairfield County veterans affairs officer planned to run for county council and asked whether holding both positions would violate South Carolina's constitutional rule against dual office holding. In 2006, the Attorney General said it would not. Section 8-1-130 expressly excluded a county veterans affairs officer from being treated as a dual officeholder by virtue of that position.

The opinion followed earlier AG answers involving veterans affairs officers who also sought positions on an indigent-care advisory board or a school board. It did not decide whether particular council matters would create conflicts of interest. The AG advised the officer to seek guidance from the State Ethics Commission on that separate issue.

Currency note

This opinion was issued in 2006. 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 being a county veterans affairs officer bar a run for county council under the dual-office rule? A: The AG said no. It treated the veterans affairs post as covered by the statutory exception and said the position would not prohibit service on Fairfield County Council.

Q: Did the opinion clear every potential conflict between the two roles? A: No. It advised the officer to seek State Ethics Commission guidance about possible conflicts of interest during council service.

Q: Did the AG rely on earlier veterans officer opinions? A: Yes. It followed opinions involving an Aiken County veterans affairs officer and a county officer seeking school-board service.

Background and statutory framework

South Carolina's constitution barred holding two offices of honor or profit simultaneously. The opinion quoted § 8-1-130, which provided that a county veterans affairs officer was not considered a dual officeholder by virtue of serving in that capacity. The AG used that express exception to answer the council-service question, while leaving ethics issues to the State Ethics Commission.

Citations and references

The opinion quotes section 8-1-130 of the South Carolina Code and refers to earlier AG opinions dated May 9, 1989, and September 11, 1992.

Official title

Questioning whether your position as a Fairfield County Veterans Affairs Officer constitutes an office for dual office holding purposes.

Requester

Michael B. O’Connor, Veterans Affairs Officer, Fairfield County Veterans Affairs Office

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-17-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/mar17-06-OConnor.pdf

Original opinion text

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HENRY MCMASTER
ATTORNEY GENERAL

March 17, 2006

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Mr. Michael B. O'Connor
Veterans Affairs Officer
Fairfield County Veterans Affairs Office
Post Office Box 456
\Vinnsboro, South Carolina 29180
Dear Mr. O'Connor:
We received your letter, which informed us that you currently hold the position of a Fairfield County Veterans Affairs Officer and are planning to run for a position on the Fairfield County Council. Thus, your request an opinion of this Office as to whether your position as a Fairfield County Veterans Affairs Officer constitutes an office for dual office holding purposes. Article XVII, section IA of the South Carolina Constitution (Supp. 2005) mandates: "No person may hold two offices of honor or profit at the same time .... " However, section 8-1-130 of the South Carolina Code (Supp. 2005) provides the following exemption: "Any member of a lawfully and regularly organized fire department, county veterans affairs officer, constable, or municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State." In an opinion of this Office dated May 9, 1989, we concluded based on section 8-1-130, an individual holding a position as an Aiken County Veterans Affairs Officer is not prohibited from accepting an appointed position to the Indigent Care Advisory Board. Subsequently, in an opinion dated September 11, 1992, we again addressed dual office holding with respect to a veteran's affairs officer. That opinion involved a county veteran's affairs officer who was a candidate for trustee of the county's school board. Op. S.C. Atty. Gen., September 11, 1992. Relying on section 8-1-130, we determined "it would appear that the individual ... would be eligible to serve in both positions." Id. This Office has "long recognized that we will not overrule our prior opinions unless clearly erroneous or unless applicable law has changed." Op. S.C. Atty. Gen., September 8, 2005. Thus, in keeping with our prior opinions and relying on section 8-1-130, your position as a Fairfield

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Mr. O'Connor
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March 17, 2006

County Veterans Affairs Officer would not prohibit you from serving on the Fairfield County Council. However, we advise your to seek guidance from the State Ethics Commission on any potential conflicts of interests that may arise in your service on the Fairfield County Council due to your position as a Fairfield County Veterans Affairs Officer. Very truly yours,

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CydnefM. Mib!ng
Assistant Attorney General
REVIEWED AND APPROVED BY:

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Robertn:cOOk
Assistant Deputy Attorney General