Could Orangeburg County school board members receive salaries, per diem, or mileage under the 1996 consolidation act?

Plain-English summary

A senator asked how members of Orangeburg County’s consolidated school boards and county board of education could be paid after Act No. 526 of 1996. The act supplied no compensation provision and said it and general law would govern the boards. The Assistant Deputy AG looked to earlier AG opinions and the general-law provision cited in the letter.

He distinguished per diem, pay for a day of service, and mileage, an allowance for travel, from a salary. He concluded that each board could vote to set per diem and mileage for its members, but could not authorize salaries under that authority. This was an informal interpretation of the 1996 act and law then in force.

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 boards vote themselves a salary? A: No. The author said the cited authority permitted per diem and mileage, but did not authorize salaries.

Q: Could members receive money for meeting days and travel? A: Yes. The opinion said each board could vote to set per diem and mileage for its members.

Q: Did the 1996 consolidation act set a pay rate? A: No. The letter said Act No. 526 made no provision for compensation.

Background and statutory framework

The opinion read Act No. 526, §10, alongside the general law cited as S.C. Code Ann. § 59-13-50 in the PDF extraction. It relied on prior AG opinions, including those dated January 7, 1994 and October 5, 1979, to separate per diem and mileage from salary.

Citations and references

Authorities discussed: Act No. 526, §10, 1996 S.C. Acts; S.C. Code Ann. § 59-13-50 (1990), as extracted from the PDF; prior AG opinions dated January 7, 1994 and October 5, 1979.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/september-22-1997-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/97sept22matthews.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

September 22, 1997

The Honorable John W. Matthews, Jr.
Member, South Carolina Senate
Box 460
Bowman, SC 29018
Dear Senator Matthews:
You have requested the advice of this Off ice as to payment of salaries or per diem for members of the Orangeburg County consolidated school boards and the County Board of Education established by Act No. 526, 1996 s.c. Acts As you note, this Act makes no provision for such compensation;-and it provides that this Act and the general law are to be the only laws governing the school districts and County Board of Orangeburg county. Act 526
§10.

I

Under previous opinions of this Office, members of county boards of education and boards of trustees may receive per diem and mileage pursuant to votes of those Boards. s.c. Code Ann. § 59-1350 ( 1990); Ops. Atty. Gen. (January 7, 1994, February 3, 1983, October 5, 1979, May 4, 1979, July 20, 1977). Per diem is" ... pay for a day's services" and mileage is " [a] llowance for traveling expenses at [a] certain rate per mile." Ops. Atty. Gen. (October 5, 1979). This authority does not permit salaries. Id. (January 7, 1994). Under this authority, the referenced boards of Orangeburg County may vote to set per diem and mileage for therir respective members, but they may not authorize salaries. I hope that this information is of assistance to you. This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have further questions, please let me know.

R EMBERT

c. DENNIS Bt;ILDI NG

{),/I. . . - .'-' ~.,/ -77--

•

POST OFFI CE Box 11549

•

COLL!MBIA. S.C. 2921 1-1549

•

TELEPHONE:

803-734-3970

•

FACSIMILE: 803-253-6283

The Honorable John W. Matthews, Jr.
September 22, 1997
Page 2

JESjr

I
I