When did an elected Newberry County school board member’s term begin after the 1996 election?

Plain-English summary

In a 1996 informal opinion, an assistant attorney general answered a newly elected Newberry County Board of Education member's question about the start of his term. The local act established a four-year term but did not specify when it began. The author therefore applied the general county-officer provision and said the term began on the first Tuesday in January following the election.

He distinguished a separate statute about the start of terms for appointed county education-board members. Newberry's members were elected, so that provision did not control his answer. The letter did not decide any separate question about certification or a particular board action before the start date.

Currency note

This opinion was issued in 1996. 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 the member's term begin as soon as the election was over?
A: No. The author said it began on the first Tuesday in January after election.

Q: Why did the local four-year-term language not settle the start date?
A: It stated the duration and holdover condition but did not specify the commencement date.

Q: Did the rule for appointed education-board members apply?
A: The author said no because Newberry's board members were elected.

Background and statutory framework

The member-elect asked when he could begin serving. The author reviewed Newberry's local act, earlier AG opinions treating county education-board members as county officers, and S.C. Code Ann. § 4-11-10. Since the local act omitted a start date, he used the county-officer rule to identify the first Tuesday in January.

This was an informal opinion signed by an assistant attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• County-officer term provision: S.C. Code Ann. § 4-11-10.

Official title

Asking when the term of office begins for a member of the Newberry County Board of Education.

Requester

Mr. Bernard Nichols, Member-Elect, Newberry County Board of Education

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-18-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96nov18nichols.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

November 18! 1996

Mr. Bernard Nichols
Member-Elect, Newberry County Board of Education
27 Nance Street
Newberry, South Carolina 29108
Re:

Informal Opinion

Dear Mr. Nichols:
This Office has received your opinion request dated November 15, 1996. You have advised that you were recently elected to the Newberry County Board of Education (hereinafter "Board"). You have asked this Office's opinion as to when the term of office begins for a member of the Board. The local legislation for the Board does not expressly provide for the commencement of the term of office. 1 Therefore, commencement of the term appears to be controlled by S.C. Code Ann. § 4-11-10 (Supp. 1995) which sets the beginning of the term of office of various county officers as the" ... first Tuesday in January next after the election.... 11 Op. Atty. Gen., December 17, 1984. Previous opinions of this Office have concluded that members of County Boards of Education are county officers. Op. Atty. Gen., July 11, 1986. I would also note that the provisions of S.C. Code Ann. § 5915-10 (1990) for the commencement of the terms of appointed members of various County Boards of Education should not be controlling here because the members of the Newberry County Board are not appointed.

1

Act 284, Act and Joint Resolutions of South Carolina, 1985, provides that the term of Office shall be ". .. four years and until a successor is elected and qualifies.'' A previous opinion of this Office indicates that such language alone does not define the date for the commencement of the terms. Op. Atty. Gen., December 17, 1984.
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POST OFFICE Box 11549

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COLL'MBJA. S.C. 292 B-1549

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TELEPHONE;

803 -734-3970

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F..>.CSIMILE· 803-253-6283

Mr. Nichols
Page 2
November 18, 1996

In conclusion, the above authority indicates that the term of office of members of the Board should commence in accordance with S.C. Code Ann. § 4-11-10 (Supp. 1995). Accordingly, the tenn would begin on "the first Tuesday in January next after the election." 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 fonnal opinion. With kindest regards, I remain

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truly yours,

!4
~111.J
Paul M. Koclt

Assistant Attorney General