Could a South Carolina foster care review board member also hear property assessment appeals in 1995?

Official title

Concerning whether a dual office holding situation exists if a member of the local Foster Care Review board simultaneously serves on the local Board of Assessment Appeals.

Requester

The Honorable Glenn F. McConnell, Chairman, Charleston County Joint Legislative Delegation

Plain-English summary

A senator asked whether one person could serve on a local Foster Care Review Board and a local Board of Assessment Appeals. The 1995 informal opinion said the combination did not violate the state dual-office rule. Earlier AG opinions treated foster care review service as advisory, rather than the exercise of sovereign power by a public officer. Assessment appeals board membership counted as an office, but the constitutional prohibition required two offices held at once.

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.

Common questions

Q: Did assessment appeals board membership count as an office? A: Yes. The letter cited earlier AG opinions treating that board seat as an office.

Q: Why did the foster care review seat differ?
A: The opinion described it as advisory and therefore not an office for this purpose.

Q: Did the dual-office rule prohibit the two seats together? A: No. The letter concluded the combination did not contravene the constitutional prohibition.

Background and statutory framework

The letter applied Article XVII, Section IA of the South Carolina Constitution and earlier AG opinions classifying each board. The decisive distinction was advisory service versus a public office.

Citations and references

• Article XVII, Section IA, the constitutional dual-office provision applied in the letter.
• Sanders v. Belue, cited for the public-office test.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-24-1995-4/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/1995may24mcconnell1.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

May 24, 1995

•

The Honorable Glenn F. McConnell, Chairman
Charleston County Joint Legislative Delegation
2 Courthouse Square, Room 307

• Charleston, South Carolina 29401
  RE: Informal Opinion
  Dear Senator McConnell:
  By your letter of May I 7, I 995, to Attorney General Condon, you have sought an opinion as to whether an individual may serve concurrently on the local Foster Care Review Board and on the local Board of Assessment Appeals without such service constituting dual office holding. Article XVII, Section IA 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, 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 exercise 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 hl,!s advised previously that one who would serve on a local Foster Care Review Board would not be considered an office holder for dual office holding purposes, due to the advisory nature of the position. Op. Att'y Gen. dated December 14, I 987. This Office has advised previously that one who would serve on a board of assessment appeals would be considered an office holder for dual office holding purposes. REMBERT C. DENMS BL'ILDING

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POST OFFICE Box 11549

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COLUMBIA. s.c. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: BGj-253-6283

The Honorable Glenn F. McConnell
Page 2
May 24, 1995

Ops. Att'y Gen. dated July 24, 1991 and October 21, 1985 (Lee County Tax Appeals Board); December 11, 1990 (Horry County Board of Assessment Appeals); and June !, 1987 (Richland County Board of Assessment Appeals). Based on the foregoing, I am of the opinion that an individual may serve concurrently on a local Foster Care Review Board and on a local board of assessment appeals without contravening 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 an official opinion. I trust that
  it satisfactorily responds to your inquiry and that you will advise if clarification or additional assistance should be necessary. With kindest regards, I am Sincerely,

~0·~
Patricia D..Petway
Assistant Attorney General