When did the Hampton County auditor elected in November 1996 take office?

Plain-English summary

In a 1996 informal opinion, an assistant attorney general addressed a payroll question after Hampton County elected an auditor while an appointed auditor was serving. The statute then set the start of a county auditor's term on the first July 1 after the election. Because the election occurred in November 1996, the author said the elected auditor's term would begin July 1, 1997.

The comptroller general paid part of the county auditor's salary and benefits. The letter therefore said that office should continue them for the appointed auditor through June 30, 1997, the final day of that appointed term. The conclusion concerned this transition and the statute then in force.

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 November 1996 winner take office immediately after election?
A: No. The author said the term began July 1, 1997, under the statutory July start rule.

Q: Who received salary and state benefits before then?
A: The letter said the appointed auditor should receive them through June 30, 1997.

Q: Why was the comptroller general asking?
A: The office administered some county-auditor duties and paid part of the auditor's salary in the manner it paid state employees.

Background and statutory framework

An appointed auditor was serving after the prior Hampton County auditor retired. The comptroller general asked how a subsequent election affected the transition. The author applied S.C. Code Ann. § 4-11-10, which fixed the auditor's term commencement at the first day of July following election, and gave corresponding payroll dates.

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

Citations and references

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

Official title

Asking when the recently elected auditor’s term of office begins, since your office pays a portion of the county auditor’s salary.

Requester

The Honorable Earle E. Morris, Jr., Comptroller General, State of South Carolina

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-26-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96nov26morris.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE A'ITORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

November 26, 1996

The Honorable Earle E. Morris, Jr.
Comptroller General, State of South Carolina
Post Office Box 11228
Columbia, South Carolina 29211
Re:

Informal Opinion

Dear Mr. Morris:
· It is my understanding that Ms. Mary S. Rivers, a former Hampton County Auditor, retired as of August 31, 1995 and Governor Beasley appointed a replacement on September 14, 1995. I have been advised that on November 5, 1996, Hampton County held an election for the county auditor's seat for the four year term set to begin on July 1, 1997. You have advised that your office administers to some of the duties of the elected county auditors and county treasurers in the state and also pays a portion of their salaries in the same manner that you pay state employees. Since your office pays a portion of the county auditor's salary, you have asked when the recently elected auditor's term of office begins. The time for commencement of the county auditor's term of office is the first day of July next following the auditor's election. S.C. Code Ann. § 4-11-10 (Supp. 1996). Therefore, .the recently elected auditor's term of office will begin on July 1, 1997. Thus, the Office of the Comptroller General should extend state· benefits and salary to the present county auditor until June 30, 1997 as that is the final day of appointed auditor's
·
term of office.
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 question asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion.

~ ~~. POsTOFFlCEBox 11549 • COLUMBIA, s.c. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

Mr. Morris
Page 2

November 26, 1996
With kindest regards, I remain
Very truly yours,

IZ1A iJ

Paul M. Koch

Assistant Attorney General