When did a South Carolina sheriff candidate need the required years of certified law enforcement experience?

Plain-English summary

The South Carolina Criminal Justice Academy asked when a candidate for sheriff had to meet the experience requirement in the qualification statute. The Attorney General concluded in 2008 that the necessary years as a certified law enforcement officer had to be complete when the candidate filed, not later by election day.

The opinion read the qualification provision alongside the filing affidavit. That affidavit had to state the candidate’s years of certified law enforcement experience and affirm that the candidate met all statutory qualifications by the close of filing. The AG treated that filing requirement as fixing the time for measuring experience.

Currency note

This opinion was issued in 2008. 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 sheriff candidate finish the required experience after filing but before election day? A: The AG said no. The requisite years had to be in place at filing.

Q: Did education affect how many years of experience were required? A: Under the version of the statute quoted in the opinion, the experience requirement varied with the candidate’s educational credential. The opinion’s timing conclusion applied to whichever experience route the candidate used.

Q: Why did the AG use the filing date?
A: The filing affidavit had to list the candidate’s years of certified experience and affirm all qualifications by the close of filing. The AG read those requirements to rule out earning the remaining experience before the election.

Background and statutory framework

The Academy asked about timing under the sheriff qualification provision. The AG quoted the alternative education-and-experience paths and the required sworn affidavit, then concluded that experience had to be complete when the candidacy was filed.

Citations and references

Statutes: The opinion analyzed the sheriff qualification and affidavit provisions in South Carolina Code section 23-11-110.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-15-2008/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/harrell-h-f-os-8656-9-15-08-sheriffs-qualifications.pdf

Original opinion text

H ENRY M CMASTER
ATTORNEY GENERAL

September 15, 2008

Hubert F. Harrell, Director
South Carolina Ctiminal Justice Academy
5400 Broad River Road
Columbia, south Carolina 29212-3540
Dear Mr. Harrell:
In a letter to this office you raised a question regarding the interpretation of S.C. Code Arm.
§ 23 - 11 -110 which deals in part with the years of experience that an inclividual must have in order to offer his candidacy for the office of sheriff. Such provision states: (A) All sheriffs in this State must have the following qualifications: (1) be a citizen of the United States; (2) be a resident of the county in which he seeks the office of sheriff for at least one year immediate]y preceding the date of the election for shetiff; (3) be a registered voter; (4) have attained the age of at least twenty-one years prior to the date of his qualifying for election to the office; (5) have: (a) obtained a high school diploma, its recognized equivalent in educational training as established by the State Department of Education, and have at least five years' experience as a certified law enforcement officer; or (b) obtained a two-year associate degree and three years experience as a certified law enforcement officer; or (c) obtained a four-year baccalaureate degree and one year's experience as a certified law enforcement officer; or (d) served as a summary court judge for at least ten years .... Such provision further states further that "[f]or purposes of this section, a "certified law enforcement officer" is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-6-400(0)(1 ). "

REMBERT c. D ENNIS B UILDING •

POST OFFICE Box t L549

•

COLUMBJA, SC 292J 1-1549

• TELEPHONE 803-734-3970 •

FACSlMILE 803-253-6283

Mr. Harrell
Page2
September 15, 2008

Section 23-11-110 also states that
(B)(l) A person offering his candidacy for the office of sheriff, shall file a sworn affidavit, no later than the close of filing, with the county executive committee of the person's political party. The county executive committee of any political party with whom a person has filed his affidavit must file a copy of the affidavit with the appropriate county election commission by noon on the tenth day following the deadline for filing affidavits by candidates. If the tenth day falls on Saturday, Sunday, or a holiday, the affidavits must be filed by noon the following day. A person seeking nomination by petition must file a sworn affidavit with the county election commission in the county of his residence. (2) The affidavit must contain the following information: (a) the date and place of the person's birth; (b) the date the person graduated from high school or the date the person obtained the recognized equivalent of a high school diploma; (c) the date the person received any associate or baccalaureate degrees when applicable; (d) the number of years' experience the person has had as a certified law enforcement officer when applicable; (e) the number of years the person has served as a summary court judge when applicable; and (f) an affirmation that the person meets all of the qualification requirements of subsection (A). (emphasis added). When interpreting the meaning of a statute, certain basic principles must be observed. The cardinal rule of statutory interpretation is to ascertain and give effect to legislative intent. State v. Martin, 293 S.C. 46, 358 S.E.2d 697 (1987). Typically, legislative intent is determined by applying the words used by the General Assembly in their usual and ordinary significance. Martin v. Nationwide Mutual Insurance Company, 256 S.C. 577, 183 S.E.2d 451 (1971). Resort to subtle or forced construction for the purpose oflimiting or expanding the operation of a statute should not be undertaken. Walton v. Walton, 282 S.C. 165, 318 S.E.2d 14 (1984). Courts must apply the clear and unambiguous terms of a statute according to their literal meaning and statutes should be given a reasonable and practical construction which is consistent with the policy and purpose expressed therein. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991); Jones v. South Carolina State Highway Department, 247 S.C. 132, 146 S.E.2d 166 (1966). As set forth above, all sheriffs must have certain qualifications which depending upon their educational level include a specified number of years experience as a certified law enforcement officer. Furthermore, subsection (B) states that an individual offering as a candidate for sheriff must file an affidavit "no later than the close of filing" which sets forth "the number of years' experience

Mr. Harrell
Page3
September 15, 2008

the person has had as a certified law enforcement officer when applicable." Therefore, in the opinion of this office, an individual must have the requisite number of years of experience at the time of filing for election. The provision should not be construed as allowing the period up to the time of election in which to gain the necessary experience. With kind regards, I am, Very truly yours, Henry McMaster Attorney General

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By:

REVIEWED AND APPROVED BY:

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Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General