Did unclassified employees of South Carolina commodity boards keep state grievance rights?

Plain-English summary

The South Carolina Department of Agriculture asked about grievance rights for unclassified employees of state commodity boards. The Attorney General said the state Office of Human Resources had already analyzed the issue and concluded that those employees did not forgo grievance rights under state law. The AG found that conclusion reasonable and deferred to the personnel office's interpretation.

This was a narrow informal letter. It did not quote the grievance statute, analyze a particular employee's eligibility, or reproduce the August 28, 1998 personnel letter. It also referred to an attached 1985 AG opinion that does not appear in the official PDF. The published letter supports the conclusion the AG adopted, but not a fuller account of the personnel office's reasoning.

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

Did unclassified commodity-board employees lose grievance rights? A: The AG deferred to the Office of Human Resources' conclusion that they did not forgo those rights.

Did this letter decide a particular employee grievance? A: No. It answered a general employment-status question and did not discuss an individual case.

Why did the AG defer to the personnel office?
A: The opinion said the office generally deferred to the agency charged with interpreting the relevant law and regulations, and found the personnel office's conclusion reasonable.

Background and statutory framework

The requester had separately consulted the Office of Human Resources. This AG letter adopted that office's stated conclusion without reproducing the underlying personnel analysis or identifying a specific grievance statute.

Citations and references

The opinion referred to an August 28, 1998 Office of Human Resources letter and an August 7, 1985 AG opinion. Neither appears in the linked PDF.

Official title

Regarding the employment of unclassified employees by South Carolina Commodity Boards.

Requester

Sheila H. Howard, Human Resource Manager, Department of Agriculture

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-17-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/98nov17howard.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M. CONDON
ATTORNEY GENERAL

November 17, 1998

I

Ms. Sheila H. Howard
Human Resource Manager
Department of Agriculture
P.O. Box 11280
Columbia, South Carolina 29211
RE:

Informal Opinion

Dear Ms. Howard:
Your opinion request has been forwarded to me for reply. You have asked for this Office's opinion regarding the employment of unclassified employees by South Carolina Commodity Boards. As we previously discussed over the telephone, as a general rule, this Office will defer to the agency charged with interpreting the relevant law and regulations. In this case, you have approached the Office of Human Resources regarding your question. In a letter dated August 28, 1998, Donna Traywick, Director of the Office of Human Resources, analyzed your question and concluded that unclassified employees of the commodity boards do not forego the grievance rights found in state law. This conclusion seems reasonable, especially in light of an opinion of this Office dated August 7, 1985. (copy attached). Accordingly, we would defer to the conclusion reached by Ms. Traywick in her August 28, 1998 letter. 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.

Ms. Howard
Page 2
November 17, 1998

With kindest regards, I remain
Very truly yours,

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Paul M. Koch
Assistant Attorney General

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