Could a Clemson University police patrolman also serve on a South Carolina city council?

Plain-English summary

In 2003, South Carolina's Attorney General said a Clemson University police patrolman could also serve on the Westminster city council without violating the constitutional dual-office prohibition. The office treated city council membership as a public office, but concluded that the patrolman's law-enforcement authority came solely from a state constable commission. Constables were expressly excepted from the prohibition.

The answer depended on how this patrolman received his authority. The opinion recommended that he contact SLED about any agency rules or regulations on holding the two roles.

Currency note

This opinion was issued in 2003. 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.

Historical summary

Campus police officers

The AG reaffirmed an earlier opinion concerning a Clemson patrolman and placed this requester's patrol position within the constitutional constable exception because he said his law-enforcement authority derived solely from a constable commission.

City council members

The office treated council service as an office for dual-office purposes. The patrolman's concurrent service nevertheless fell within the constable exception on the facts described.

Common questions

Could this Clemson patrolman serve on Westminster's council?
The AG said the dual-office prohibition appeared not to prevent it because the patrolman served under a constable commission.

Was city council membership considered a public office?
Yes. The opinion said members of city and town councils were officers for dual-office analysis.

Did the opinion address police agency rules about council service?
It did not decide those rules. The AG recommended contacting SLED to determine whether it had applicable regulations.

Background and statutory framework

The constitutional clause barred simultaneous holding of two offices of honor or profit but expressly excepted constables. The opinion noted that campus security departments were staffed by constables commissioned under Section 23-1-60, citing § 59-116-20. Because the requester stated that his law-enforcement powers came solely from his commission, the AG analyzed his patrol job as a constable position.

Citations and references

The opinion discussed Article XVII, Section lA of the state constitution, Section 23-1-60, and § 59-116-20.

Official title

Concerning dual office holding. Specifically, if a patrolman for the Clemson University Police Department may serve simultaneously as a city councilman for the City of Westminister without violating the constitutional prohibition on dual office holding.

Requester

Patrolman Christopher S. Lyle, Clemson University Police Department

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-15-2003-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03oct-15-Lyle.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMAsrER
ATIDRNEY GENERAL

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October 15, 2003

Patrolman Christopher S. Lyle
Clemson University Police Department
108 Dewey Street
Westminister, South Carolina 29693
Dear Patrolman Lyle:
You have requested an advisory opinion from this Office concerning dual office holding. As a patrolman for the Clemson University Police Department, you have inquired as to whether you may serve simultaneously as a city councilman for the City of Westminister without violating the constitutional prohibition on dual office holding. You have provided a prior opinion of this Office dated February 26, 2001, in which we concluded that a patrolman for the Clemson University Police Department would fall under the exception for constables in the dual office holding provision of the South Carolina Constitution, Article XVII, Section lA.

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Law/Analysis

Article XVII, Section lA of the State 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 notary public. For this provision to be contravened, a person concurrently must hold two 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 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 has advised on numerous occasions that a member of a city or town council would be considered an officer for dual office holding purposes. See, as representative of those numerous opinions, Ops. S.C. Atty. Gen. dated April 12, 1998; June 12, 1995; Feb. 4, 1994; July23, 1993; July 24, 1991. Regarding your position as a Patrolman for the Clemson University Police Department, we now re-affirm the conclusion reached in our February 26, 2001 opinion. You state that your law enforcement authority is derived solely from a State constable commission signed and issued by the Governor and the Chief of SLED. State law provides that campus security departments are staffed

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• COLUMBIA, S.C. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

Patrolman Lyle
Page2
October 15, 2003

by constables commissioned pursuant to Section 23-1-60 of the South Carolina Code of Laws. See S.C. Code Ann.§ 59-116-20. Therefore, since your law enforcement powers are derived solely from the constable commission, the position must be analyzed for dual office holding purposes in the same manner as any other constable position. As such, the position would fall under the exception provided for constables found in the Constitution. See also Ops. S.C. Atty. Gen. dated January 25, 1999; June 3, 1998.

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Based on the foregoing, due to the exception found in the Constitution for constables, it would appear that the dual office holding prohibitions would not be violated if you were to serve as a Clemson University Patrolman and a councilman for the City ofWestminister. However, I would recommend that you contact SLED to determine whether that agency possesses any rules and regulations on this subject. Very truly yours,

Assistant Deputy Attorney General