Could East Richland County Public Service District expand its board members’ compensation after the 1996 amendment?

Plain-English summary

East Richland County Public Service District asked whether it could enlarge its governing board’s compensation package. The Assistant AG read the 1996 amendment to Section 6-11-91 as preserving the district’s authority to set or change compensation and benefits by resolution or ordinance. He said the old fixed daily per-diem ceiling no longer applied under the amended text.

The letter distinguished that freedom from two continuing limits: reimbursement had to concern expenses actually incurred on official business and could not exceed amounts authorized for state boards, committees, and commissions; insurance benefits could not exceed those provided to state employees. The author compared the old and amended statute and identified the letter as informal. The cited monetary ceiling belonged to the former statute and was not presented as a 1997 limit.

Currency note

This opinion was issued in 1997. 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: Could the district change board compensation?
A: The AG said yes, by resolution or ordinance under the amended statute.

Q: Did the old fixed daily per-diem ceiling still apply? A: The author said no under the 1996 amendment.

Q: Were expense reimbursement and insurance unlimited? A: No. The letter described statutory caps tied to state-board expenses and state-employee insurance benefits.

Background and statutory framework

Section 6-11-91, as amended in 1996, governed compensation and other benefits for public service and special purpose district boards. The opinion compared its new text with the earlier version and prior office opinions, while also noting Section 6-11-92’s historical option.

Citations and references

Statutes discussed: Section 6-11-91; Section 6-11-92.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-8-1997/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97oct8elliott.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY C ONDON
ATTORNEY GENERAL

October 8, 1997
Scott Elliott, Esquire
Post Office Box 1960
Columbia, South Carolina 29202
Re:

Informal Opinion

Dear Mr. Elliott:
Your recent opinion request has been forwarded to me for reply. You represent the East Richland County Public Service District and ask for this opinion on that body's behalf. You have asked whether the District may increase or expand the compensation package for members of its governing body. The section of the South Carolina Code of Laws relevant to your question is Section 6-11-91 (as amended). This Section provides: The governing body of a public service district or special purpose district by resolution or ordinance may fix or change the compensation or other benefits, including insurance benefits and per diem for the members of the district governing body. Reimbursable expenses actually incurred while on official business may not exceed the amounts authorized for members of state boards, committees, and commissions, and msurance benefits shall not exceed those provided for state employees. Unfortunately, this Office has not had the opportunity to examine Section 6-11-91 since its amendment in 1996. However, on several occasions, this Office has analyzed Section 6-11-91 as it existed prior to its amendment. Prior to its an1endment, Section 611-91 read as follows: Notwithstanding any other provisions of law the governing body of any public service district or special purpose district may by resolution or ordinance fix or change the compensation or other benefits including insurance benefits for the members of the district governing body.
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POST OFFICE Box 11 549

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CoLt.:MBIA, S.C. 29211-1549

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T ELEPHON E:

803-734-3970

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FACSIMILE: 803-253-6283

Mr. Elliott
Page 2
October 8, 1997
Compensation shall not exceed the amounts authorized for mileage for members of state boards, committees and commissions, insurance benefits shall not exceed those provided for state employees and per diem shall not exceed thirty five dollars a day.

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In an opinion dated June 8, 1990, Section 6-11-91 was examined. This opinion concluded that Section 6-11-91 permitted the governing body of a public service or special purpose district to fix or change the compensation or benefits provided for the members of the district's governing body. Under Section 6-11-92, a district was given the option to continue to operate under the compensation or benefit plan that was in existence on the effective date (June 16, 1980) of Sections 6-11-91 through 6-11-93 if so desired. In an earlier opinion, this Office interpreted the provisions of Section 6-11-91 so as to provide that members of the governing body of a public service or special purpose district were permitted to receive a per diem not to exceed $35 per day. Op . .Any. Gen. dated February 18, 1981. Further, the members were permitted to receive mileage for performance of official business at a rate not to exceed the amounts currently authorized for State boards and commissions. Id. Finally, the members were permitted to receive insurance benefits not to exceed those currently provided for State employees. Id. The amended version of Section 6-11-91 contains several changes from its predecessor, none of which alter the conclusion reached by this Office in interpreting the former version of the statute which found that the governing body of a public service or special purpose district was permitted to fix or change the compensation or other benefits of the members of the district's governing body. However, the amended version of Section 6-11-91 does change the receipt of per diem and actual expenses by members of the district's governing body. Under the amended version of the statute, the members of the governing body are permitted to set the amount of the per diem and are not limited to a per diem of $35.00 per day as they were under the former version of the statute. In addition, under the amended version of the statute, the members of the governing body are permitted to receive reimbursement of those expenses actually incurred by the members while on official business, subject to the limitations imposed for members of State boards, committees, and commissions. Finally, the amended version, like its predecessor, provides that insurance benefits shall not exceed those provided for State employees. To summarize the foregoing, the amended version of Section 6-11-91 permits the governing body of the East Richland County Public Service District to fix or change its compensation. However, unlike the former version of the statute, the per diem of the members of the governing body is not limited to $35.00 a day. Further, the members of the governing body may also be reimbursed for those expenses actually incurred while on

Mr. Elliott
Page 3
October 8, 1997
official business in an amount not to exceed the amounts authorized for members of State boards, committees, and commissions. Finally, the insurance benefits provided to the members of the governing body may not exceed those provided for State employees. 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.

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With kindest regards, I remain
Very truly yours,

f21 A. l(.J.

Paul M. Koch
Assistant Attorney General