Could a Mount Pleasant council member remain on the Patriots Point Development Authority board?

Plain-English summary

The South Carolina Attorney General concluded that a newly elected Mount Pleasant town council member could not continue serving on the Patriots Point Development Authority board at the same time. Its short response incorporated a May 9, 2006 opinion that classified both seats as public offices and found simultaneous service contrary to the state’s dual-office prohibition.

Currency note

This opinion was issued in 2006. 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 a Mount Pleasant council member also sit on the Patriots Point board? A: The AG said no. It found both seats were public offices and simultaneous service violated the dual-office rule.

Q: Did the October opinion reexamine the powers of each position? A: No. It adopted the answer from the AG’s May 9, 2006 opinion on the same pair of seats.

Background and statutory framework

The town attorney asked the AG whether an elected council member could keep an appointed seat on the development authority. The AG said it had addressed “this exact issue” in the earlier opinion and enclosed a copy. The October response repeated that the two positions were offices for purposes of article XVII, section 1A; it did not undertake a new factual inquiry into the seats.

Citations and references

• article XVII, section 1A of the South Carolina Constitution

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-9-2006-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06oct9-Young.pdf

Original opinion text

HENRY MCMASTER
ATroRNEY GENERAL

October 9, 2006

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R. Allen Young, Esquire
Town Attorney, Town of Mount Pleasant
Post Office Box 745
Mount Pleasant, South Carolina 29465
Dear Mr. Young:
We received your letter requesting an opinion of this Office concerning dual office holding. In your letter, you stated: "The question of concern is whether a new elected member of our Mount Pleasant Town Council can also continue to hold the appointed position of being a member of the Patriot's Point Development Authority Board?"

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We recently considered this exact issue in an opinion dated May 9, 2006, a copy of which we enclose. In that opinion, we determined both a position on the Mount Pleasant Town Council and a position on the Patriot' s Point Development Authority Board are offices for purposes of dual office holding. Thus, we opined that simultaneous service in both positions constitutes a violation of the dual office prohibition contained in article XVII, section 1A of the South Carolina Constitution. We hope you find the enclosed opinion sufficient in addressing your question. Very truly yours,

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Cydney M. Milling
Assistant Attorney General
REVIEWED AND APPROVED BY:

~si~; Attorney General