Could Greenville’s legislative delegation hire counsel and direct the health system board?

Plain-English summary

The Greenville County Legislative Delegation asked whether it could obtain legal counsel, or seek funding for counsel, to act concerning the Greenville Health System. It also asked whether it could direct the system's board to act or refrain from acting. In a brief 2015 opinion, the Attorney General answered yes to hiring counsel and no to instructing the board.

The AG said its office had no approval role over counsel hired by the delegation. It distinguished the delegation's statutory appointment power over board members from authority to supervise them. It observed that delegation members could take part in any legislative change to the laws governing the board.

Currency note

This opinion was issued in 2015. 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 delegation need the Attorney General's approval to hire a lawyer?
A: The opinion said no; the AG's office had no role in approving that counsel.

Q: Could the delegation order the health system board to take action?
A: No. The AG said appointment authority did not include supervision or direction of the board.

Q: Could legislators change the laws governing the board?
A: The opinion noted the delegation's potential role in legislation concerning the board, separate from directing its existing operations.

Background and statutory framework

The short opinion answered two questions by reference to the delegation's ability to employ counsel and an earlier AG opinion on the health board. It separated a legislative delegation's appointment role from board supervision.

Citations and references

• The AG said the delegation “may employ legal counsel.”
• It described the delegation as possessing “the appointment authority, but not the supervision . . . authority.”

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-27-2015/
• Original PDF: https://www.scag.gov/wp-content/uploads/2015/11/00785322.pdf

Original opinion text

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Alan Wilson
Attorney General

October 27, 2015

The Honorable Wendy Nanney, Chairman
Greenville County Legislative Delegation

301 University Ridge, Suite 2400
Greenville, SC 29601
Dear Chairman Nanney:

You have asked for our opinion regarding the following issues: 1)

"Whether the Greenville County Legislative Delegation has the

authority to obtain legal counsel or to request appropriation of funds

to

obtain

legal

counsel

to

take action

against the

Greenville Health System."
2) "Whether the Greenville County Legislative Delegation has

authority to instruct the GHS Board, or any other entity, to take an action or not." LAW/ANALYSIS:

With respect to your first question, the answer is "yes." Of course, the Delegation may

employ legal counsel and this Office possesses no role in the approval of such counsel. See § 1 7-170 (Attorney General is not required to approve an attorney hired by the General Assembly). With respect to your second question, the answer is "no." This issue was addressed in

our previous opinion to you. dated September 28. 2015. in which we stated: With respect to any questions concerning the role of the Legislative Delegation in this matter, we note that Act No. 105 of 2013 requires that members of the GHS Board "must be appointed by the Greenville County Legislative Delegation. . . ." Thus, as we recently

stated

in

another similar context,

"[t]he

Legislative

Delegation in our view, possesses the appointment authority, but not the supervision . . . authority. . . ."

See Op. S.C. Att'v Gen..

2012 WL 6061812 (November 26. 2012).

Kembert C.Dennis Building

See also Knotts v. S.C.

• Post Office Box 11549 . Columbia, SC 292 1 l-l 549

. Telephone 803-734-3970

• Facsimile 803-253-6283

The Honorable Wendy Nanney
Page 2
October 27. 2015

Dent, of Natural Resources. 348 S.C. 1. 558 S.E.2d 51 1 (2002). In addition, of course, the Delegation would play a major role in any

amendment or modification of the statutes relating to the GHS Board. 1 trust this responds to your inquiry. With kind regards. I remain Very truly yours,

Robert D. Cook
Solicitor General