Posts Tagged ‘dual office’

March 24, 2017

Opinion on dual office holding (serves as Mayor pro tem and deputy coroner for a county).

Requested by The Honorable Rick Martin, Member, South Carolina House of Representatives.

Read full opinion.

March 20, 2017

Opinion on dual office holding (County Council Member and Director of Elections/Voter Registration; or Director of Campaigns, Midland Technical College;  or Grants and Government Relations Specialist, Columbia Museum of Art.

Requested by Bradley T. Farrar, Esquire, Chief Deputy Richland County Attorney.

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February 21, 2017

Opinion on dual office holding (member of Bishopville City Council and board member of Lee County Archives Commission).

Requested by Ms. Henrietta Tindal, Bishopville.

Read full opinion.

 

January 25, 2017

Opinion on dual office holding (may the mayor of a small town also work full time as a procurement manager for the SC Department of Probation, Parole and Pardon Services?).

 

Requested by Octavia Y. Wright, Legal Counsel, SC Department of Probation, Parole and Pardon Services.

Read full opinion.

 

January 23, 2017

Opinion on dual office holding (serve as a member of the Denmark Technical College’s Local Area Commission and as a member of the board for the Orangeburg-Calhoun-Allendale-Bamberg Community Action Agency, Inc.).

 

Requested by Andrea White, Counsel, Denmark Technical College.

Read full opinion.

December 13, 2016

Opinion on dual office holding (Chairman of the Tyger River Fire Service Board and serves as Reserve Deputy of the Spartanburg Sheriff’s office).

Requested by James C. Redd, Fire Chief, Tyger River Fire Service Area.

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August 24, 2016

Opinion on dual office holding.

Requested by Mr. H. Jerry Morris, Chairman, Barnweil County Museum.

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June 21, 2016

Opinion regarding whether serving on both the Dorchester County Water Authority and the Department of Transportation Commission would constitute dual office holding.

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

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June 14, 2016

Opinion regarding dual office holding.

Requested by Mr. Gary Kubic, Beaufort County Administrator.

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May 6, 2016

Opinion regarding whether service as a council member for the Cherokee County Council and as a member of the Macedonia Fire District Board would violate our State’s constitutional prohibition of dual office holding.

Requested by The Honorable Harvey S. Peeler, Jr., Senator, District No. 14.

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March 29, 2016

Opinion regarding whether service as a hearing officer, as designed in S.C. Code Ann. § 40-1-90(A) (2011), would constitute as an office for purposes of the dual office holding prohibition in the South Carolina Constitution.

Requested by Darra James Coleman, Esq., S.C. Dept. of Labor, Licensing and Regulation.

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February 19, 2016

Opinion regarding dual-office holding, notaries public and summary court judges.

Requested by The Honorable James F. Hicks, III.

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December 16, 2015

Opinion regarding whether S.C. Code Ann. 5-7-180 prohibits the Fire Chief or member of the City of Loris Volunteer Fire Department from simultaneously serving as a member of the Loris City Council.

Requested by Michael W. Battle, Esq., City Attorney for the City of Loris.

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November 13, 2015

Opinion related to S.C. Code Ann. §7-3-20(C)( 12)(Supp. 2014), providing that the executive director of the South Carolina Election Commission shall “furnish at reasonable price any precinct lists to a qualified elector requesting them.”

Requested by Marci Andino, Executive Director, South Carolina Election Commission.

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November 12, 2015

Opinion regarding whether an individual may serve simultaneously as a public defender and as a member of county council in the same county.

Requested by J. Hugh Ryan III, South Carolina Commission on Indigent Defense.

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October 26, 2015

Opinion on dual office holding (serve as Coroner and Chief Magistrate of Dorchester County).

Requested by Mark A. Leiendecker, First Circuit Public Defender.

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October 26, 2015

Opinion regarding whether simultaneously holding the positions of Coroner of Dorchester County and Chief Magistrate of Dorchester County would contravene the dual office holding prohibition set forth in the State’s Constitution as well as the Judicial Code of Conduct.

Requested by Mark A. Leiendecker, First Circuit Public Defender.

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October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

Requested by Kenneth A. Bingham, Chairman, House Legislative Ethics Committee.

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October 15, 2015

Opinion regarding whether it would be a violation of the constitutional prohibition against dual office holding for an individual to serve simultaneously on the Beaufort Memorial Hospital Board of Trustees and as Jasper County Attorney.

Requested by Terry R. Murray, Chairman, Beaufort Memorial Hospital Board of Trustees.

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October 13, 2015

Opinion regarding S.C. Code Section 25-11-40.

Requested by The Honorable Shane Massey, Senator, District No. 25.

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May 27, 2015

Opinion regarding whether it would be dual office holding for the Mayor of the Town of Edgefield to serve as Chief of the fire department.

Requested by Roger LeDuc, Town of Edgefield Administrator.

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May 19, 2015

Opinion regarding dual office holding.

Requested by Sean P. Thornton, Esq., Colleton County Attorney.

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May 13, 2015

Opinion regarding whether service as a workers’ compensation commissioner and a commissioned law enforcement officer violates the prohibition against dual office holding, and whether a workers’ compensation commissioner’s duties under the Code of Judicial Conduct prohibit service as a deputy law enforcement officer.

Requested by The Honorable T. Scott Beck, South Carolina Worker’s Compensation Commission.

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March 13, 2015

Opinion regarding Town of Atlantic Beach Ordinance No. 9-2009 amending 1-2-7 of the Code of Ordinances for the Town of Atlantic Beach.

Requested by The Honorable Jake Evans, Town of Atlantic Beach.

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February 27, 2015

Opinion regarding employees of a school district being able to simultaneously serve on a school’s governing board.

Requested by The Honorable Cezar E. McKnight, South Carolina House of Representatives, District No. 101.

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February 19, 2015

Opinion regarding whether it would be dual office holding for an individual to serve on both the Greenville County Legislative Delegation Transportation Committee and the Metropolitan Sewer Subdistrict of the Greenville County Sewer Authority.

Requested by The Honorable Wendy Nanney, Greenville County Legislative Delegation.

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December 22, 2014

Opinion request regarding whether it is a conflict for a law firm to continue as general counsel to a statutorily-created special purpose district providing fire and sewer services when the spouse of the main attorney who represents the district has been elected a commissioner on the board of the special purpose district.

Requested by Trent M. Kernodle, Esquire, Kernodle, Root & Coleman.

Read full opinion

December 1, 2014

Opinion regarding whether the simultaneous service as a member of the Irmo-Chapin Recreation Board and as a Director of the Public Employee Benefit Authority constitutes dual office holding in violation of the South Carolina Constitution.

Requested by Stephen R. Van Camp, General Counsel, Public Employee Benefit Authority.

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November 18, 2014

Opinion regarding whether service on both the South Carolina Education Oversight Committee and the Pickens County School Board would constitute dual office holding.

Requested by Phillip Bowers, S.C. Education Oversight Committee.

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November 10, 2014

Opinion regarding whether membership on the South Carolina Real Estate Commission would constitute as an office for dual office holding purposes.

Requested by Arrigo P. Carotti, Horry County Attorney.

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September 19, 2014

Opinion regarding whether the position of Colleton County Attorney is an office for dual office holding purposes.

Requested by Sean P. Thornton, Esq.

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August 22, 2014

Opinion clarifying an opinion from July 28, 2014 regarding the Beaufort County Library Board of Trustees.

Requested by: Joshua A. Gruber, Esq., Beaufort County Attorney

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August 19, 2014

Opinion as to whether serving concurrently on the South Carolina State Board for Technical and Comprehensive Education and the Horry County Solid Waste Authority Board of Directors would contravene the dual office holding prohibition set forth in our State’s Constitution.

Requested by: Ms. Connie S. Turner, Horry County Legislative Delegation, Administration Assistant

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July 28, 2014

Opinion concerning the legality of the actions that may be taken by the Capital Project Sales Tax Commission subsequent to the actions that may be taken by the Capital Project Sales Tax Ordinance as presented. Specifically, would it be legally permissible for the Commission to reconvene of its own volition and accord to discuss the actions taken by Beaufort County Council.

Requested by: Joshua A. Gruber, Esquire, Staff Attorney, Beaufort County

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July 15, 2014

Opinion as to whether an individual can serve as Elloree’s clerk of court if she currently serves as a neighboring municipality’s clerk of court and associate municipal court judge.

Requested by: The Honorable Mike Fanning, Mayor Pro Tem

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June 10, 2014

Opinion regarding an opinion we issued on May 20, 2014 in which we opined that an individual’s service as a Colleton County School Board Trustee and as a Colleton County Deputy Sheriff would most likely violate the prohibition against dual office holding.

Requested by: Bert Duffie, General Counsel, Colleton County Board of School Trustees

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May 20, 2014

Opinion as to whether an individual can serve simultaneously as a Colleton County School Board Trustee and as a Colleton County Sheriff’s Deputy.

Requested by: The Honorable Kenneth F. Hodges, Member, House of Representatives.

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May 2, 2014

Opinion asking whether an individual concurrently serving on both the Williamsburg County Election Commission and as Mayor of Greeleyville, violates Article XVII, Section 1A’s prohibition on dual-office holding.

Requested by: Priscilla Cooper, Chairperson, Williamsburg County Election Commission

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April 29, 2014

Opinion whether the position of an individual on both the Orangeburg County Planning Commission and the City of Orangeburg Aviation Commission would constitute dual office holding.

Requested by: James F. Walsh. Jr., Esq., City of Orangeburg Attorney

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April 25, 2014

Opinion regarding a seat on the Winthrop University (“the University”) Board of Trustees (“the Board”).

Requested by: The Honorable Harvey S. Peeler, Jr., Senatorial District No. 14

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March 18, 2014

Opinion asking can a member of an organized fire department who has risen to the point that his duties may include those of a local fire marshal, but who is not certified by the State Fire Marshal and not acting under that state authority, be commissioned by a Police Chief or Sheriff as a law enforcement officer then be considered not to hold two public office in violation of the State Constitution.

Requested by: Mark A. Keel, Chief, South Carolina Law Enforcement Division

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February 3, 2014

Opinion on several issues regarding William E. Robinson’s service as a member of Allendale County Council, as an ex officio member of the Allendale County Aeronautics and Economic Development Commission, and as an employee of SouthernCarolina Alliance.

Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney

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January 23, 2014

Opinion as to whether Spartanburg County (the “County”) must continue to provide members of the County Election Commission and the Board of Registration with the option to purchase health insurance through the County’s insurance program.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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January 6, 2014

Opinion regarding the Regional Transportation Authority Law.

Requested by: The Honorable J. Gregory Hembree, Senator, District No. 28

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December 12, 2013

Opinion asking, may a mayor be appointed to a county planning commission without violating the dual office holding prohibition of the South Carolina Constitution?

Requested by: Mr. Steve Willis, Lancaster County Administrator

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November 5, 2013

Opinion concerning the delegation of SLED’s authority to enforce the laws and regulations concerning alcoholic beverages under Title 61 of the S.C. Code to local law enforcement officers.

Requested by: Mark Keel, Chief, State Law Enforcement Division

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October 24, 2013

Opinion on two issues regarding dual office holding.

Requested by Chief H. Harold Brown, Elgin Police Department

Read full opinion here.

October 28, 2013

Opinion on dual office holding (serves on the board of the SC Commission on High Education and serve on the board of a local hospital).

Requested by The Honorable Tom D. Corbin, Member, South Carolina Senate.

Read full opinion.

September 9, 2013

Opinion as to whether State law prohibits you from continuing to serve as a firefighter for a municipal fire department, while also holding certification from the State Fire Marshal, if you are elected to city council in a separate municipality.

Requested by:  Mr. Taylor A. Graham

Read full opinion here. 

July 26, 2013

Opinion concerning whether a legislator currently serving in the South Carolina General Assembly may also hold the position of Director of Airports on the Charleston County Aviation Authority without violating state law.

Requested by:  The Honorable Jenny A. Horne, Member, House of Representatives.

Read full opinion. 

July 19, 2013

Opinion as to whether two applicants—one employed as a Code Enforcement Officer for the Spartanburg County Sheriff’s Department and another employed as a State Trooper at the South Carolina Department of Public Safety—would be permitted to serve as a fire commissioner on a Special Purpose Fire District given the South Carolina Constitution’s prohibition on dual office holding.

Requested by: The Honorable Shane Martin, Delegation Chairman, Spartanburg County Legislative Delegation

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June 20, 2013

Opinion as to whether an individual certified as a law enforcement officer in North Carolina can maintain such certification if he or she is also certified as a Class 2 law enforcement officer as a jailer in South Carolina.

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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June 17, 2013

Opinion as to whether State law prohibits an individual from simultaneously serving as a member of the Union County Commission on Alcohol and Drug Abuse and as a member of the City of Union Municipal Election Commission.

Requested by: The Honorable Shane Martin, Senator, District No. 13

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June 7, 2013

Opinion concerning a city councilmember who is also a licensed bail bondsman. Specifically, whether the South Carolina Department of Insurance (DOI)’s letter informing Mr. Hunt that he must forfeit his position on the City Council or his license as a bondsman is correct.

Requested by: The Honorable Kent M. Williams, Senator, District No. 30

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May 14, 2013

Opinion asking does an individual have to be a resident of South Carolina to be qualified for appointment to the position of Retiree Representative Member with the S.C. Retirement Investment Commission?

Requested by: Darry Oliver, Chief Operating Officer, S.C. Retirement System Investment Commission

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April 4, 2013

Opinion regarding the appointment of reserve police officers by the Grenville-Spartanburg Airport District (“GSP”).

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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March 7, 2013

Opinion concerning dual office holding. Specifically, whether a member of City Council, who is also a business owner, may also serve as a member of the South Carolina Small Business Regulatory Review Committee (the “Review Committee”).

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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December 31, 2012

Opinion as to whether an individual employed by the South Carolina Department of Mental Health (the “SCDMH”) Division of Public Safety as a cadet pending certification as a law enforcement officer is a “public officer” as defined in S.C. Code § 8-1-10 and as used in S.C. Code § 8-1-80 concerning official misconduct.

Requested by: The Honorable Todd Rutherford, Member, House of Representatives

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October 19, 2012

Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.

Requested by: The Honorable Tom Davis, Senator, District No. 46

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October 9, 2012

Opinion questioning can a deputy sheriff also hold a position such as a board member on the Fairfield County Council on Aging without violating the dual office holding provision of Article XVII, Section 1A of the South Carolina Constitution?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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October 3, 2012

Opinion concerning dual service as Vice Chairman of the South Carolina Retirement System Investment Commission (“RSIC”) and as a member of the City of Aiken Planning and Zoning Commission.

Requested by: The Honorable Bill Taylor, Member, House of Representatives

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October 2, 2012

Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

Requested by: The Honorable Gary Watts, Coroner, Richland County

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September 19, 2012

Opinion as to “whether a municipal police officer, sheriff, or deputy sheriff who is an active member of the South Carolina Police Officer Retirement Systems who meets the definition of ‘police officer’ for purposes of Section 9-11-10(23) of the South Carolina Code because he is ‘required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State’ is among the class of persons which may be appointed to the newly created Public Employee Benefits Authority (PEBA) pursuant to Section 9-4-10(B)(1)(b) of the South Carolina Code.”

Requested by: The Honorable John Courson, President Pro Tempore, SC Senate

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September 13, 2012

Opinion as to whether membership on the Board of Directors of the South Carolina Public Employee Benefit Authority (“PEBA”) constitutes an “office” for purposes of the dual office holding prohibition.

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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July 19, 2012

Opinion regarding dual office holding. Specifically, you request that we advise as to whether members of fire departments, including fire/arson investigators, are exempted from the dual office holding prohibition.

Requested by: Brandy A. Duncan, Esquire, General Counsel, SC Criminal Justice Academy

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April 4, 2012

Opinion concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding.

Requested by: Michael S.Medlock, Edgefield County Attorney

Read full opinion.

March 27, 2012

Opinion concerning dual office holding. You ask whether the law permits you to accept a position of employment with the Town of Estill as a code enforcement officer during your term as Mayor for the Town of Fairfax.

Requested by: The Honorable Dwight Causey, Mayor, Town of Fairfax

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March 20, 2012

Opinion concerning whether State law prohibits you from simultaneously serving as a councilmember for the City of Bamberg (“City”), Chairman of the City Fire Commission, and a volunteer fireman for the City.

Requested by: The Honorable Buck Fralick, Member, Bamberg City Council

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March 16, 2012

Opinion regarding the Honorable James A. Preacher, Jr., mayor of the Town of Norway (“Mayor”).

Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

Read the full opinion.

March 5, 2012

Opinion regarding the Mayor of the Town of Norway (“Mayor”).

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read full opinion.

February 23, 2012

Opinion concerning a potential conflict of interest.

Requested by:  The Honorable Jimmy Ward, Member, Isle of Palms City Council

Read full opinion.

February 23, 2012

Opinion concerning whether South Carolina law prohibits you from continuing to serve as Chairperson of the Anderson County Tax Assessment Appeals Board (“Tax Appeals Board”) in consideration of your recent appointment to the South Carolina Medical Disciplinary Commission (“Commission”).

Requested by:  Mr. Kenneth C. Walker

Read full opinion.

November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

Requested by:  The Honorable Mike Forrester, Member, House of Representatives

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November 15, 2011

Opinion asking whether an individual, who is currently the Director of both the Union County Airport Commission and the Union County Stadium Commission, may be appointed by the Union County Council to serve on the Board of Directors for the Union County Commission on Alcohol and Drug Abuse without violating the State’s prohibition on dual office holding.

Requested by: Chrissy Mobley, Executive Director, Union County Commission on Alcohol and Drug Abuse

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September 16, 2011

Opinion concerning whether having the position of Assistant Deputy Attorney General and “accepting the appointment to be a member of the Clemson University Humanities Advancement Board would constitute dual office holding.”

Requested by: C. Havird Jones, Jr., Esquire

Read full opinion

 

September 12, 2011

Opinion concerning what steps Florence County Council Chairman Rusty Smith should take in order to “distance himself” from the selection process of seeking selection as the Florence County Administrator.

Requested by: The Honorable Dean Fowler, Jr., Florence County Treasurer

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July 19, 2011

Opinion concerning dual office holding. Specifically, whether it would be allowed for an individual who has been appointed by the Marion County Council to serve on the county planning commission to also be selected by the Marion County Board of Education to serve on the local school board for the Marion County School District 2 Board.”

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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July 8, 2011

Opinion asking whether one would be prohibited “from holding his commission as a State Trooper while simultaneously serving on the WEOC [Waccamaw Economic Opportunity Council] Board of Directors.”

Requested by: F.K. Lancaster, Jr., Interim Director, S.C. Department of Public Safety

Read full opinion

 

July 1, 2011

Opinion questioning whether “a member of the Oconee County School Board, as a holder of an office of honor and profit, [can] also serve as a member of the Oconee County Parks, Recreation and Tourism Commission, as established by Oconee County Ordinance 2011-12.”

Requested by: Thomas Martin, Esquire

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June 1, 2011

Opinion concerning whether it is “a violation of the dual office holding provision of the state for an individual to serve on the Board of Directors for the Governor’s School for the Arts and Humanities and another board of a state agency or the board of a unique entity, specifically the South Carolina Public Service Authority, known as Santee Cooper.”

Requested by: Robert E. Hughes, Chairperson, Board of Directors, SC Governor’s School for the Arts and Humanities

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May 31, 2011

Opinion concerning whether “service on the board of the [Myrtle Beach Regional Economic Development Corporation], and its executive committee, while Chairman of Horry County Council would constitute prohibited dual office holding.”

Requested by: The Honorable H. Tom Rice, Jr., Chairman, Horry County Council

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May 19, 2011

Opinion regarding dual office holding. Specifically, whether a person may hold the office of Chief of Police of a municipality in Dillon County and also serve as a member of the Dillon County School Board.

Requested by: The Honorable Jackie E. Hayes, SC House of Representatives

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April 18, 2011

Opinion asking whether your service as a commissioner on the Uniform Law Commission would violate the dual office prohibition of the South Carolina Constitution, as you currently serve as a South Carolina State Senator.

Requested by: The Honorable Robert W. Hayes, Jr., Member, SC Senate

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March 31, 2011

Opinion asking whether it would “be a conflict of interest for [you] to continue as the County Registration/Elections Director and a member of the [Greenville-Spartanburg] GSP Commission,” should you be nominated by the County’s Legislative Delegation and appointed by the Governor.

Requested by: Henry M. Laye, III, Director, Spartanburg County Voter Registration & Elections

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March 29, 2011

Opinion inquiring whether you may simultaneously serve as a town or county council member without jeopardizing your constable commission.

Requested by: Mr. Cecil W. Rorie

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March 23, 2011

Opinion concerning dual office holding. Specifically, your letter states that you currently serve as the Bamberg County Emergency Services Director and running for the Commissioner for the City of Bamberg Board of Public Works.

Requested by: Ms. Sharon Hammond, Director, Bamberg County Emergency Services

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March 3, 2011

Opinion questioning whether members of the Anderson Fire Department are “able to obtain search warrants, collect evidence, question witnesses (take statements), receive tips through Crime stoppers and run background checks” relating to fire investigations.

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Requested by: Chief R. Dale Horne, Anderson Fire Department

January 25, 2011

Opinion concerning dual office holding. Specifically, “whether the duly elected Kershaw County Treasurer and Delinquent Tax Collector may concurrently serve as the interim Kershaw County Administrator without violating the dual office holding prohibition of the State constitution or other applicable laws.”

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Requested by: Stephen D. Vincent, Kershaw County Treasurer and Delinquent Tax Collector

January 14, 2011

Opinion concerning whether a city council member may simultaneously serve as a reserve deputy sheriff

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Requested by: Mr. R. Allen Young, Town Attorney, Town of Mount Pleasant

October 25, 2010

Opinion concerning dual office holding. Specifically, whether service as a Commissioner County Aviation Authority would violate the prohibition against dual office holding.

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Requested by: J. Hugh Ryan, III, Esquire, Deputy Director and General Counsel, South Carolina Commission on Indigent Defense

October 14, 2010

Opinion questioning whether or not an appointment to the Holly Hill Airport Commission would be a violation of dual office holding considering a current position as Chief of Police for the Town of Holly Hill.

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Requested by: Robert Wunderlich, Chief of Police, Town of Holly Hill

October 14, 2010

Opinion on dual office holding (secretary for the Clearwater Water & Sewer District and serve as a Commissioner of the Clearwater Water & Sewer District).

Requested by Mr. Marvin Herndon, Chairman, Clearwater Water & Sewer District.

Read full opinion.

September 3, 2010

Opinion concerning dual office holding. Specifically, whether “a member of Gaffney’s Board of Zoning Appeals” can serve on “the Cherokee County School Board.”

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Requested by: Mr. James R. Taylor, City Administrator

September 10, 2010

Opinion as to whether the performance of those duties pursuant to a management contact would constitute dual office holding in violation of the State Constitution.

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Requested by: Kenneth E. Gaines, Esquire

August 30, 2010

Opinion on dual office holding (state employee who also works in the education field).

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Requested by: A. Glenn Greene, Esquire

August 2, 2010

Opinion concerning “whether South Carolina Law allows one individual to be appointed as the county veterans affairs officer for multiple counties.”

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Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

July 1, 2010

Opinion regarding Richland County employees serving on the Richland County Board of Voter Registration. Specifically, whether there is a conflict of interest and whether the Governor has the authority to name the Chairperson of the Board of Voter Registration.

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Requested by: Larry C. Smith, Esquire

June 25, 2010

Opinion concerning the ability to serve on the Appellate Panel for the Department of Employment and Workforce while also serving on several other boards and committees.

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Requested by: Mr. Steve S. Kelly, Jr.

May 18, 2010

Opinion questioning whether in circumstances where a member of the fire department is also a commissioned law enforcement officer, and is instructed to perform a regularly scheduled fire inspection, does the fact that they are a law enforcement officer require that the individual obtain a search warrant prior to making the inspection.

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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

May 7, 2010

Opinion questioning “whether it is permissible under that state laws and regulations for one of our employees, a Senior Manager for Quality, Training and Policy with the State Agency of South Carolina Vocational Rehabilitation Department-Disability Determination Services (DDS), to simultaneously serve on the Calhoun County Disability and Special Needs (DSN) Board.”

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Requested by: John E. Batten, IV, General Counsel, S.C. Vocational Rehabilitation Departmen

May 7, 2010

Opinion on council form of government and the town administrator.

Requested by The Honorable K. Allen Deaton, Mayor, Surfside Beach.

Read full opinion.

April 26, 2010

Opinion on dual office holding (member of the Board of Trustees of the College of Charleston and member of the Joint Citizens and Legislative Committee on Children).

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Requested by: Harry W. Davis, Director, Children’s Law Center, University of South Carolina

March 24, 2010

Opinion on dual office holding (individual from filing and running for a house seat and constitutional office at the same time).

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Requested by: The Honorable Jerry N. Govan, Jr., Member, House of Representatives

March 18, 2010

Opinion on dual office holding (a position on the Commission on Women, S.C. Code Ann. 1-15-10, would qualify as an office for the purpose of dual office holding).

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Requested by: Ms. Lorrie King, Director of Boards and Commissions, Office of Governor

March 12, 2010

Opinion on dual office holding (a person who is employed as a County correctional officer can serve as a Town Council member).

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Requested by: Danny C. Crowe, Esquire

December 11, 2009

Opinion questioning whether it would constitute a dual office holding violation for an individual to simultaneously serve as Executive Director of the South Carolina Education Lottery and as a Chairperson of the Centers of Economic Excellence Review Board.
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Requested by: The Honorable H. Boyd Brown, Member, House of Representatives

October 29, 2009

Opinion concerning dual office holding. Specifically, a Town Council member, who is also Mayor Pro-Tem and serves as president of a member owned private telephone cooperative.
Read full opinion
Requested by: The Honorable Ralph E.G. Patterson Sr., Mayor, Town of Due West, S.C.

October 9, 2009

Opinion questioning whether membership on the Sumter County Development Board constitutes an office for purposes of the dual office holding provisions of the State Constitution.
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Requested by: The Honorable G. Murrell Smith, Member, House of Representatives

September 1, 2009

Opinion concerning dual office holding. Specifically, asking whether an individual may serve simultaneously as a State constable and a part-time county magistrate.
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Requested by: The Honorable Shane Martin, Member, SC Senate

August 19, 2009

Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
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Requested by: Mary C. McCormac, Esquire

August 13, 2009

Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
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Requested by: The Honorable William C. Stanley, Mayor, Town of Ehrhardt

August 10, 2009

Opinion questioning whether you may serve as an assistant solicitor in the Seventh Circuit Solicitor’s Office and serve as a part-time city prosecutor.
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Requested by: Zachary D. Ellis, Assistant Solicitor, Seventh Judicial Circuit

July 24, 2009

Opinion questioning whether “any conflict or violation of federal or state law” exists that would prohibit you “from continuing to serve in the House of Representatives while serving as a member on the State Farm Service Committee[.]”
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Requested by: The Honorable Jimmy C. Bales, Ed.D., Member, House of Representatives

July 21, 2009

Opinion questioning whether serving simultaneously on the Charleston Area Regional Transportation Authority Board as well as the Joint Transportation Review Committee violates the constitutional provisions prohibiting dual office holding.
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Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives

June 4, 2009

Opinion questioning whether an individual may be appointed to the Anderson County Election Commission if that individual already serves on the Iva Fire Department Board of Directors.
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Requested by: The Honorable Michael W. Gambrell, Member, House of Representatives

June 23, 2009

Opinion questioning whether it is a violation of the dual office holding provisions of the State Constitution for an individual who is a member of the Moncks Corner Rural Volunteer Fire Department to also serve as an officer of the Moncks Corner Rural Fire Commission.
Read full opinion
Requested by: John B. Williams, Esquire

June 5, 2009

Opinion on dual office holding (member of McBee Town Council and the Chesterfield County Economic Development Board).

Requested by C. Heath Ruffner, Chesterfield County Attorney.

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May 14, 2009

Opinion questioning whether holding a position on the Charleston County Board of Assessment Appeals (the “Board”) and a position on the Provider of Workforce Housing Committee (the “Committee”) for the Town of Mount Pleasant (the “Town”) violates the prohibition on dual office holding contained in the South Carolina Constitution.
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Requested by: Ben Bryson

April 1, 2009

Opinion on dual office holding (PhD Senior Psychologist with the SC Vocational Rehabilitation Department-Disability Determination Services and serve on the SC Board of Examiners in Psychology of the SC Department of Labor, Licensing and Regulation).

Requested by John E. Batten, IV, General Counsel, South Carolina Vocational Rehabilitation Department.

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February 17, 2009

Opinion concerning appeals of decisions made by Six Mile’s Zoning Administrator.
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Requested by: The Honorable John Wade, Mayor, Town of Six Mile

February 17, 2009

Opinion concerning “whether there is a provision of law that would preclude a county appointed member of the Oconee County Arts and Historical Commission from also being appointed to the Oconee County Board of South Carolina Department of Disabilities and Special Needs by the Oconee County Delegation of the General Assembly”.
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Requested by: The Honorable Bill Sandifer, Member, House of Representatives

February 17, 2009

Opinion concerning your concurrent service as Mayor and as operations manager for the Town.
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Requested by: The Honorable Jackie T. Holman, Mayor, Town of Blackville

February 2, 2009

Opinion regarding “Allendale County Council wanting to appoint an individual to the Allendale County Aeronautics and Development Commission who is currently a member of the Denmark Technical College Board.
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Requested by: Walter H. Sanders, Jr., Esquire

December 18, 2008

Opinion concerning dual office holding. An individual holds positions on the Cherokee County Commission on Alcohol and Drug Abuse, the local Cherokee County Foster Care Review Board, and the board for the Division for Review of the Foster Care of Children in the Governor’s office.

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Requested by: The Honorable Olin R. Phillips, Member, House of Representatives

December 5, 2008

Opinion questioning whether a member of the Anderson County Fire Protection Commission may also serve as a member of the Anderson County Council.

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Requested by: Chief Billy Gibson, Anderson County Fire Protection Commission

August 5, 2008

Opinion questioning whether serving on the Commission for Lawyer Conduct (the “Commission”) and serving on the Florence/Darlington Technical Center Area Commission (the “Technical Center Commission”) “[w]ould constitute dual office holding?”

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Requested by: Marian D. Nettles, Esquire

June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

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Requested by: Brian T. Grier, Esquire

June 3, 2008

Opinion referencing a May 8, 2008 opinion requested by Senator John M. Knotts, concerning the authority of Councils of Governments (“COGs”) under state law.

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Requested by: The Honorable Chip Campsen, Member, SC Senate

May 6, 2008

Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).

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Requested by: The Honorable Phil P. Leventis, Member, Senate

March 7, 2008

Opinion concerning whether a state employee whose job responsibilities include supervising forest firefighters and performing law enforcement activities also fulfill responsibilities as a county councilman.

Requested by: Charles H. Smith, South Carolina Forestry Commission

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March 6, 2008

Opinion questioning whether a Barnwell County salaried employee can also legally serve as clerk of court.

Requested by: Debra Fickling, Barnwell County

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February 4, 2008

Opinion as to whether “simultaneous service by an individual on the Savannah River Maritime Commission and the Jasper Ocean Joint Project Office Board [would] be a violation of the South Carolina Constitution prohibition on dual office holding set forth in Article XVII section 1A”.

Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives

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January 18, 2008

Opinion questioning the legality of serving as chairman of the Dillon County Democratic Party and holding a seat on the Dillon County Council.

Requested by: James E. Moultrie

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January 17, 2008

Opinion concerning a constituent who is serving as a member of the Bennettsville City Council and has been offered the position of Town Manager in Kingstree and if this constitutes as dual office holding.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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December 12, 2007

Opinion on dual office holding (serves on the Mental Health Commission and be a member for Berkeley County School Board District No. 3).

Requested by Ms. Joan Moore, Goose Creek.

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November 27, 2007

Opinion concerning whether a member of the City of Mauldin Planning Commission (the “Planning Commission”) may also serve on the Mauldin Cultural Center Board (the “Board”).

Requested by: Mr. Raymond C. Eubanks, III, City Administrator City of Mauldin

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October 22, 2007

Opinion concerning a member of the Dillon County Council’s ability to serve as the E-911 Director for Dillon County.

Requested by: W. Clay Young, County Administrator, Dillon County

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October 2, 2007

Opinion as to whether a conflict of interest would arise if a police chief or a police officer were to serve as clerk of court for a municipal court.

Requested by: M. Scott Wilson, Acting Chief of Police, Prosperity Police Department

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September 13, 2007

Opinion as to whether serving as Town Administrator and serving on the Town of Summerville Planning Commission violates the dual office holding provisions of the South Carolina Constitution.

Requested by: John B. Williams, Esquire

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August 28, 2007

Opinion questioning whether the individual designated as the Chief Deputy Clerk of Court in Lexington holds an office for dual office holding purposes and if the Chief Deputy Clerk of Court is a ‘statutory deputy’ as set forth in S.C. Code section 14-17-60.

Requested by: Jeff M. Anderson, Esquire

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July 30, 2007

Opinion concerning an individual holding the positions of deputy sheriff and deputy treasurer and if this violates dual office holding provisions of the South Carolina Constitution.

Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

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July 12, 2007

Opinion concerning the Board of Visitors allowing emeritus members to vote in committee meetings and standing committee meetings but not allowing them to vote on appeals or in meetings of the full Board.

Requested by: Mark C. Brandenburg, General Counsel, The Citadel

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June 14, 2007

Opinion as to whether “serving on the Gilbert-Summit Rural Water District’s Board as a Director and serving as a member of the South Carolina Environmental Certification Board contravene the dual office holding prohibition of the South Carolina Constitution.”

Requested by: John J. Fantry, Jr., Esquire

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June 14, 2007

Follow-up opinion to an opinion dated April 5, 2007 regarding whether a member of the Glassy Mountain Fire Service Area’s (“GMFSA’s”) Commission Board may serve as a volunteer firefighter for GMFSA.

Requested by: Bryan G. Riebe, Chief, Glassy Mountain Fire Service Area

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May 9, 2007

Opinion concerning dual office holding involving a member of the Spartanburg Planning Commission being appointed to the Spartanburg County Commission for Higher Education.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

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May 4, 2007

Opinion regarding dual office holding involving serving on the Citadel Board of Directors and being appointed as the Executive Director of SCDOT.

Requested by: Linda C. McDonald, Chief Council, South Carolina Department of Transportation

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May 2, 2007

Opinion whether the Chairman of the Springdale Planning Commission may serve on the Lexington Medical Center Board of Directors. Specifically, whether service in both positions “would violate the dual office holding provision contained in the South Carolina Constitution.”

Requested by: R. Benjamin Baxley, Town Administrator, Town of Springdale

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April 5, 2007

Opinion concerning dual office holding. Specifically, whether the dual office holding prohibition contained in the South Carolina Constitution prohibits an individual “who serves as a fire department commissioner, from serving as a volunteer firefighter with the same entity?”

Requested by: Bryan G. Riebe, Chief, Glassy Mountain Fire Service Area

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April 3, 2007

Opinion on the validity of an individual employed with a State or Government Agency, he/she could not be nominated to fill a position on the SC Board of Funeral Service.

Requested by: Eddie Nelson

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March 28, 2007

Opinion concerning dual office holding and conflicts of interest. A Cayce citizen serves as an appointed member of the City of Cayce Accommodations Tax Advisory Committee and as an appointed member of the Lexington County Recreation Commission.

Requested by: John C. Sharpe, City Manager, City of Cayce

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February 26, 2007

Opinion “whether or not service and acceptance of an appointment to the Barnwell County Hospital Board of Trustees will create a dual office” if already a member of the Barnwell County City Council.

Requested by: Thomas M. Boulware, Esquire

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January 29, 2007

Opinion regarding whether serving as Commissioner on the South Carolina Forestry Commission (“the Commission”) and serving as a member of the Town of Summerville’s Zoning Board of Appeals would constitute as dual office holding.

Requested by: G.E. Muckenfuss

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January 19, 2007

Opinion, “[a]bout 60% of our yearly budget comes from the City of Bennettsville. This is money given to us for general purposes and for a portion of the ED’s salary”, and if “this precludes [your] running for Mayor or a seat on City Council”.

Requested by: Ken Harmon, Executive Director, Bennettsville Downtown Development Association

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December 28, 2006

Opinion as to whether “holding these two positions [is] considered holding dual offices.” Additionally, asking whether holding the Assistant Chief position would be considered dual office holding.

Requested by: Michael W. Kellems

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December 1, 2006

Opinion requesting whether being a member of both Myrtle Beach Downtown Redevelopment Corporation, and a member of the city’s Planning Commission is in violation of the dual office holding.

Requested by: Doug Martin

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November 8, 2006

Opinion questioning if a person serving on the transportation committee and the election committee, election committee and zoning appeals board or a local contractor serving on the planning commission constitutes dual office holding.

Requested by: Judith M. Frank, Clerk, Jasper County Council

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October 16, 2006

Opinion concerning whether or not an individual may simultaneously serve on the Georgetown County Parks and Recreation Commission (“PRC”) and the Waccamaw Equal Opportunity Council (“WEOC”) without violating the dual office holding prohibition contained in article XVII, section 1A of the South Carolina Constitution.

Requested by: David J. Mills, Esquire

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October 13, 2006

Opinion concerning dual office holding. Specifically, serving on the Limestone College Board of Trustees and being elected by the General Assembly to the South Carolina State University Board of Trustees.

Requested by: The Honorable Olin R. Phillips, Member, House of Representatives

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October 11, 2006

Opinion questioning if serving as Deputy Attorney for the City of Spartanburg and being considered for a position on the South Carolina Public Charter School Board of Trustees would constitute dual office holding.

Requested by: Cathy Hoefer McCabe, Deputy City Attorney, City of Spartanburg

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October 9, 2006

Opinion questioning “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” and if this constitutes dual office holding.

Requested by: R. Allen Young, Esquire

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September 29, 2006

Opinion regarding being on the Union City Council, and also be a member on the Union County Association Board of Directors of the Union County Fair Association and if this constitutes violation of dual office holding.

Requested by: William E. Whitney, Esquire

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September 21, 2006

Opinion concerning the possibility of dual office holding with specifics regarding to being a member of the State Board for Technical and Comprehensive Education and being a member on the Myrtle Beach Convention Center Hotel Corporation’s Board.

Requested by: Dan P. Gray

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September 11, 2006

Opinion on behalf of the Walterboro-Colleton Airport Commission “as to whether the members of the Walterboro-Colleton Airport Commission are in violation of the prohibition against dual office holding by serving on the Commission.”

Requested by: Steven D. Murdaugh, Chairman, Walterboro-Colleton County Airport Commission

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September 6, 2006

Opinion concerning dual office holding pertaining to serving both on the City of Tega Cay Council, and the Lake Wylie Marine Commission.

Requested by: The Honorable John Dervay, Councilmember, City of Tega Cay

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August 16, 2006

Opinion concerning dual office holding. Specifically, holding a position on the Sumter County School District Two School Board, while employed as an enforcement officer with the South Carolina Department of Natural Resources.

Requested by: Richard P. Dye

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August 4, 2006

Opinion concerning the desire to run for a position on Town Council for the Town of Mt. Croghan, while working at the South Carolina Department of Motor Vehicles.

Requested by: Tammy B. Hewett

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August 2, 2006

Opinion on dual office positions, specifically someone on the State Board of Education and on the Anderson County Council.

Requested by: The Honorable Daniel T. Cooper, Member, House of Representatives

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August 2, 2006

Opinion on whether you may serve simultaneously as a member of the Horry County Higher Education Commission on the City of Conway Zoning Board of Appeals.

Requested by: Joseph O. Burroughs

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July 21, 2006

Opinion regarding dual office holding.

Requested by: Gwendolyn Conner

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July 19, 2006

Opinion inquiring whether “it is possible to be employed as a vice president of a state supported technical college and serve as a state senator in the same county?”

Requested by: Nancy T. Welch

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

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July 7, 2006

Opinion on dual office holding (serving as a member of the Education Oversight Committee and as a member of the Public Charter School District Board of Trustees).

Requested by Ms. Jo Anne Anderson, Executive Director, Education Oversight Committee.

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June 19, 2006

Opinion regarding dual office holding, specifically, being on the City of Sumter’s Community Development Housing Board and the Sumter County Election Commission.

Requested by: Linda Hammett, City Clerk, City of Sumter

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June 16, 2006

Opinion regarding dual office holding, specifically, being on the Florence School District Three Board of Trustees and a town judge.

Requested by: The Honorable Patsy McCutcheon, Board Member, Florence School District Three

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June 1, 2006

Opinion questioning the impact of dual office holding prohibition on the advisory board created by the South Carolina Education and Economic Development Act (“EEDA”).

Requested by: The Honorable Ken Clark, Member, House of Representatives

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May 31, 2006

Opinion concerning the Fairfield County Recreation Commission, the governing body of the Fairfield County Recreation District.

Requested by: W. Thomas Sprott, Jr., Esquire

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May 18, 2006

Opinion questioning whether serving on both the Board of the State Human Affairs Commission and Board of the Beaufort County Board of Elections constitutes as dual office holding.

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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May 17, 2006

Opinion questioning whether an individual may both serve on the Marion County Voter Registration / Election Commission and as an assistant solicitor for Horry County.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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May 17, 2006

Opinion questioning whether serving on both the Bluffton Historical Preservation Commission and the Southern Beaufort County Corridor Review Board constitutes dual office holding.

Requested by: Laura T. Barrett

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May 9, 2006

Opinion concerning a member of the Patriots Point Development Authority’s (the “PPDA’s”) decision to run for a position on the Town Council for the Town of Mount Pleasant (the “Town Council”) in a special election.

Requested by: David Burnette, Executive Director, Patriots Point Development Authority

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April 28, 2006

Opinion concerning an appointee to the Education Oversight Committee (EOC), and whether it violates the law of dual office holdings.

Requested by: The Honorable John Courson, Member, SC Senate

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April 21, 2006

Opinion asking whether someone on the Bamberg Registration and Election Commission, who decided to run County Council, need to step down from her position on the Elections Commission.

Requested by: Betty S. Kilgus, Chairperson, Bamberg County Registration and Elections

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April 20, 2006

Opinion questioning whether an individual can serve simultaneously as member of the Chester County Transportation Committee and as a member of the Chester County School Board without violating the dual office holding prohibition of the South Carolina Constitution.

Requested by: The Honorable Ted M. Vick, Member, House of Representatives

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April 10, 2006

Opinion regarding dual office holding in the City of Bluffton.

Requested by: Terry A. Finger, Esquire

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April 4, 2006

Opinion concerning whether an individual can work for the City of Calhoun Falls, and be elected on the Abbeville County Council.

Requested by: The Honorable A. Scott Harris, Administrator, City of Calhoun Falls

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March 24, 2006

Opinion questioning whether a bondsman licensed pursuit to S.C. Code Ann. § 38-53-10 et. seq, may also hold the position of part-time deputy coroner.

Requested by: Rachel Harper, Associate General Counsel, South Carolina Department of Insurance

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March 17, 2006

Opinion questioning whether your position as a Fairfield County Veterans Affairs Officer constitutes an office for dual office holding purposes.

Requested by: Michael B. O’Connor, Veterans Affairs Officer, Fairfield County Veterans Affairs Office

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March 9, 2006

Opinion in which questions whether or not the Greenville Tech Charter School having a governing board with current paid employees violates the servant / master prohibition.

Requested by: The Honorable Gary R. Smith, Member, House of Representatives

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January 25, 2006

Opinion questioning whether an individual employed by the Department of Juvenile Justice as the Deputy Director of Community Services may simultaneously serve as a part-time magistrate.

Requested by: The Honorable Glenn G. Reese, Member, SC Senate

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January 18, 2006

Opinion questioning whether an individual may serve simultaneously as a member of the State Regional Housing Authority No.1 and as a county councilman.

Requested by: T. Marion Robinson, Assistant Executive Director, SC Regional Housing Authority No. 1

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December 20, 2005

Opinion regarding dual office holding. Specifically, whether there would be a violation of the dual office holding provision of the South Carolina Constitution for an individual to serve simultaneously as the Director of the Allendale County Department of Social Services and as a member on the Allendale County School Board.

Requested by: Ms. Lee E. Harley-Fitts

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November 2, 2005

Opinion questioning if seeking and holding the Richland County Council office while remaining an employee of the Department of Corrections violates dual office holding provisions.

Requested by: The Honorable Nathan Ballentine, Member, House of Representatives

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October 11, 2005

Opinion regarding dual office holding. Specifically, whether service on the Education and Economic Development Coordinating Council would constitute a violation.

Requested by: Henry J. White, Esquire

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September 26, 2005

Opinion regarding dual office holding. Specifically, as to whether an individual could serve simultaneously as the Anderson County Auditor and as a member on the board of directors for the Hammond Water District.

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

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September 14, 2005

Opinion regarding dual office holding. Specifically, whether an individual currently serving as a councilmember for the City of Hartsville could concurrently serve on the board of directors for Rubicon Counseling Center.

Requested by: Sherron L. Skipper, City Clerk, City of Hartsville

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September 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Aiken City Attorney and as a member of the Aiken County Commission on Higher Education.

Requested by: Gary H. Smith, III, Esquire

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September 6, 2005

Opinion regarding dual office holding and conflict of interest. Specifically, whether it would violate the dual office holding provision of the South Carolina Constitution to serve simultaneously as a City Councilman for the City of Hardeeville and the Jasper County Planning and Zoning Coordinator.

Requested by: The Honorable Edward Moyd, City Councilman, City of Hardeeville

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August 29, 2005

Opinion regarding dual office holding. Specifically, whether an individual serving as the Executive Director of the Lowcountry Regional Council of Governments and as a compensated secretary for the Walterboro-Colleton County Airport Commission may serve on the City Planning Commission without violating the dual office holding provision.

Requested by: E.R. McConnell, City Manager, City of Walterboro

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July 25, 2005

Opinion regarding dual office holding. Specifically, whether members of fire departments including Fire Marshals are exempted from the dual office holding prohibition.

Requested by: The Honorable J. Allen, Fire Marshal, Irmo Fire District

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July 11, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously on the Central Midlands Regional Transit Authority and the Richland-Lexington Airport Commission.

Requested by: Francenia B. Heizer, Esquire

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July 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously on the Georgetown County Registration and Elections Commission and the Georgetown County Library Board.

Requested by: The Honorable Vida O. Miller, Chairman, Georgetown County Legislative Delegation

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July 5, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as an officer or director of the South Carolina Museum Foundation and being appointed to the South Carolina museum Commission by the Governor.

Requested by: Gray T. Culbreath, Chairman, South Carolina Museum Foundation

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June 1, 2005

Opinion concerning dual office holding, specifically serving on the Bamberg City Economic Development Board may simultaneously serve on the Bamberg County Hospital Board.

Requested by: Stuart B. Watson, Clerk/Treasurer, City of Bamberg

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May 6, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Mayor and Planning and Zoning Administrator for the Town of Hollywood.

Requested by: The Honorable Robert L. Brown, Member, House of Representatives

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May 4, 2005

Opinion as to “whether the Insurance Reserve Fund (IRF) is authorized to provide general liability tort insurance to the employees of a defender corporation.”

Requested by: Edwin E. Evans, General Counsel, State Budget and Control Board

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May 3, 2005

Opinion regarding whether a conflict of interest would arise from the Executive Director of the Charleston County Human Services Commission running as a candidate or being elected to the Hollywood Town Council.

Requested by: Alyson C. Fudge, Esquire

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April 22, 2005

Opinion questioning whether being a member of the Union County Drug and Alcohol Commission and elected to serve on the Lockhart Town Council constitutes dual office holding.

Requested by: The Honorable Nancy C. Lawson, Member, Lockhart Town Council

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April 22, 2005

Opinion concerning whether serving simultaneously on the State Board Technical and Comprehensive Education and the Donaldson Development Commission would constitute dual office holding under the South Carolina Constitution.

Requested by: Edwin G. Foulke, Jr., Esquire

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April 14, 2005

Opinion as to whether an individual serving simultaneously as Commissioner of the Barnwell County Soil and Water Conservation District and serving as Barnwell County Area Commissioner for Denmark Technical College would be in violation of the dual office holding provision of the South Carolina Constitution.

Requested by: Thomas O. Sanders, IV, Esquire

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April 4, 2005

Opinion as to whether the Greenville County Register of Deeds may simultaneously serve as the Greenville County Tax Collector without violating the dual office holding prohibition.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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March 24, 2005

Opinion concerning possible dual office holding, specifically whether an individual serves on the Limestone College Board of Trustees and the Sherman College Board of Trustees, and is elected by the General Assemble to the South Carolina State University Board of Trustees. Also, if an individual serves on the Lancaster County Commission for Higher Education and is elected by the General Assembly to the Winthrop University Board of Trustees.

Requested by: The Honorable Olin R. Phillips, Member, House of Representatives

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March 21, 2005

Opinion concerning dual office holding, specifically if a reserve officer with the Sheriff’s office, who is not a commissioned constable, might simultaneously serve on the Clemson City Council.

Requested by: Margaret J. Thompson

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March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

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March 10, 2005

Opinion inquiring as to whether an individual currently employed with the Oconee County Building Codes Office may simultaneously serve as a reserve officer for the Oconee County Sheriff’s Office without violating the dual office provision.

Requested by: Lt. Stephen Jenkins, Oconee County Sheriff’s Office

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February 14, 2005

Opinion concerning whether members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority without violating the dual office holding prohibition of the South Carolina Constitution.

Requested by: The Honorable George H. Bailey, Member, House of Representatives

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February 14, 2005

Opinion on dual office holding (members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority).

Requested by The Honorable George H. Bailey, Member, South Carolina House of Representatives.

Read full opinion.

 

February 8, 2005

Opinion indicating that there is a municipal judge, an attorney in Newberry County, who is also employed by the solicitor’s office as a prosecutor in the family court and if this constitutes a conflict of interest.

Requested by: The Honorable Mark E. English, Chief Magistrate, Newberry County

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January 12, 2005

Opinion questioning whether serving simultaneously as a state constable and as a deputy coroner would violate the dual office holding provisions of the State Constitution.

Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County

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December 15, 2004

Opinion dealing with dual office holding. Specifically, whether holding a position on a county election commission simultaneously with a position on the board of directors for the Wil Lou Gray Opportunity School would be considered dual office holding under the State Constitution.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

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November 15, 2004

Opinion asking for clarification of an opinion written to Representative Roland Smith dated September 21, 2004.

Requested by: Mack Underwood, Chief, Savannah River Site Law Enforcement Department

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September 21, 2004

Opinion concerning dual office holding. Specifically, whether someone who is employed with Wackenhut Services at the Savannah River nuclear facilities could continue to hold a law enforcement commission as a Burnettown police officer.

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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August 10, 2004

Opinion questioning as to whether Mrs. Patsy Towery, Director, Center for Special Programs and Community Education at Midlands Technical College may serve on the State Auctioneers’ Commission.

Requested by: Randall Bryant, Assistant Deputy Director, South Carolina Department of Labor, Licensing & Regulation

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July 9, 2004

Opinion concerning dual office holding. Specifically, whether a Town Administrator in Charleston County can also be appointed as a member of the Charleston County Election Commission.

Requested by: R. Allen Young, Esquire

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June 16, 2004

Opinion concerning dual office holding, specifically asking whether membership on the Municipal, County, and State Committees violate that rule.

Requested by: Gregory D. DeLoach, Esquire

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June 7, 2004

Opinion concerning dual office holding, specifically whether the Register of Deeds for Horry County, who is appointed by Horry County Council, may be appointed by the Legislative Delegation to the Horry County Social Services Board without violating the rule.

Requested by: Connie S. Turner, Administrative Assistant, Horry County Legislative Delegation

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June 7, 2004

Opinion concerning dual office holding, whether you can be on the Aiken County Council and have employment with the state government.

Requested by: Ms. Gwendolyn Conner

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June 7, 2004

Opinion concerning dual office holding. Specifically, whether you can simultaneously serve as the Executive Director of the Sumter County Commission on Alcohol and Drug Abuse (SCCADA) and serve on the Sumter County Council.

Requested by: Eugene R. Baten, Executive Director, Sumter County Commission on Alcohol and Drug Abuse

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May 27, 2004

Opinion regarding the appointment of members to the Dorchester County Vocational Education Board of Trustees, in the context of the constitutional provisions relating to dual office holding.

Requested by: The Honorable George H. Bailey; The Honorable Annette D. Young; The Honorable Robert W. Harrell, Jr.; The Honorable Converse A. Chellis, III, Members, House of Representatives

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May 21, 2004

Opinion concerning dual office holding. Specifically, whether a council member for the Town of Blacksville may be appointed to the Barnwell County Economic Development Board without violating the provisions on dual office holding.

Requested by: James D. Mosteller, Esquire

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May 21, 2004

Opinion concerning dual office holding. Specifically, if a maintenance worker for the town of Olar that was elected to the Olar Town Council is in violation of the dual office holding provisions.

Requested by: The Honorable Brenda Bessinger, Mayor, Town of Olar

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April 29, 2004

Opinion concerning dual office holding (a current member of the Mount Pleasant Town Council can be appointed as a Commissioner of Pilotage for the Port of Charleston).

Requested by: R. Allen Young, Esquire

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April 20, 2004

Opinion questioning whether an individual my concurrently serve on both the Abbeville County Memorial Hospital Board of Trustees and as a member of the Abbeville County School Board of Trustees, without violating dual office holding prohibited by the State’s Constitution.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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April 20, 2004

Opinion questioning whether a Deputy County Administrator can run for state Senate without violating the constitutional provisions on dual office holding.

Requested by: The Honorable Maggie W. Glover, Member, SC Senate

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April 9, 2004

Opinion concerning dual office holding with serving as a member of the Town of Dillon Board of Architectural Review and serving on the Marion-Dillon County Disabilities and Special Needs Board.

Requested by: Mr. Don Barclay, Town of Dillon Board of Architectural Review

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March 23, 2004

Opinion questioning as to whether an individual, presently a member of the Beaufort County Board of Elections and Registration, may serve on the Bluffton Public Safety Commission without violating the dual office holding provisions of the State Constitution.

Requested by: Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Registration

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March 18, 2004

Opinion concerning dual office holding. Specifically, if simultaneously holding the positions of county council member and Public Utilities Director for the City of Lancaster would constitute dual office holding.

Requested by: Steve Willis, City Administrator, City of Lancaster

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March 3, 2004

Opinion concerning dual office holding. Specifically, if simultaneously holding the positions of Beaufort County Deputy Sheriff and Sheldon Township Fire District Commissioner would violate the dual office holding provisions of the South Carolina Code.

Requested by: The Honorable P.J. Tanner, Beaufort County Sheriff

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February 24, 2004

Opinion concerning dual office holding. Specifically, whether serving on the Beaufort County Solid Waste and Recycling Board, as a member appointed by the Beaufort County Council and being appointed by the Governor as a commissioner for the Lady’s Island-St. Helena Fire District violates this provision.

Requested by: Mr. Gordon R. Bowers, Beaufort County Solid Waste and Recycling Board

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February 9, 2004

Opinion concerning dual office holding. Specifically, serving as a reserve police officer and having a job as a full-time hospital security guard.

Requested by: The Honorable John D. Hawkins, Member, SC Senate

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February 5, 2004

Opinion asking whether serving as the coroner for Colleton County and serving as the director of Colleton County EMS would violate the dual office holding provision.

Requested by: The Honorable Richard M. Harvey, Colleton County Coroner

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January 28, 2004

Opinion “in reference to a question concerning dual employment.” Specifically, can a State of South Carolina Transport Police Officer, also be able to teach driving defense courses at Florence Darlington Technical College on a contract basis?”

Requested by: The Honorable Maggie W. Glover, Member, SC Senate

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January 27, 2004

Opinion regarding a possible dual office holding situation where a current Commissioner was “hired by Charleston County as the Director of Elections and Voter Registration.”

Requested by: Cheryll N. Woods-Flowers, Chair, Charleston County Park and Recreation Commission

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January 7, 2004

Opinion questioning whether a member of the Migratory Waterfowl Committee (“the Committee”), which was incorporated into the Department of Natural Resources (DNR) in 1993, would hold an office for purposes of the constitutional provisions against dual office holding.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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December 19, 2003

Opinion questioning whether an individual may serve as a deputy sheriff and as Commissioner of the Holly Springs Volunteer Fire District.

Requested by: The Honorable Joseph G. Mahaffey, Member, House of Representatives

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December 15, 2003

Opinion questioning whether you may receive a commission as State constable while serving as the Senior Administrative Judge for the City of Greenville.

Requested by: The Honorable Ralph E. Putnam, Senior Administrative Judge, City of Greenville

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December 15, 2003

Opinion questioning whether an individual may serve concurrently as a member of the Spartanburg County Commission on Higher Education or Spartanburg County Technical Education Commission and as an elected officer of a county political party.

Requested by: The Honorable Bob Walker, Chairman, Spartanburg County Legislative Delegation

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November 7, 2003

Opinion asking whether a person may concurrently be a member of the Fairfax Town Council and the Allendale County Development Board without violating the dual office holding provisions of the South Carolina Constitution.

Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney

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November 5, 2003

Opinion asking whether simultaneously holding a position on the Darlington Historical Commission and being a member of the Hartsville City Counsel would violate the prohibition on dual office holding in the South Carolina Constitution.

Requested by: The Honorable John L. Andrews, Member, Hartsville City Council

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October 15, 2003

Opinion concerning dual office holding (Clerk of Court for the Town of Perry and serve simultaneously as the Utility Clerk for the Town of Wagener).

Requested by: Ms. Bridget Ricks, Town Clerk, Town of Perry

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October 15, 2003

Opinion concerning dual office holding. Specifically, if a patrolman for the Clemson University Police Department may serve simultaneously as a city councilman for the City of Westminister without violating the constitutional prohibition on dual office holding.

Requested by: Patrolman Christopher S. Lyle, Clemson University Police Department

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October 14, 2003

Follow-up opinion regarding dual office holding issued on August 27, 2003. Specifically, Interim City Manager/Director of Public Safety for the City of Columbia and being appointed City Manager.

Requested by: Ms. Dana Turner, Administrative Advisor, City of Columbia

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October 8, 2003

Follow-up opinion concerning dual office holding previously issued on August 12, 2003 (serve on the Board of Trustees for Medical University of South Carolina and being considered for a position on the advisory committee of the federal Small Business Administration).

Requested by: The Honorable J.G. McGee, Member, S.C. House of Representatives

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October 8, 2003

Opinion concerning dual office holding (member of the State Board of Law Examiners and serve simultaneously as a member of the City of Florence Housing Authority Board).

Requested by: Frederick A. Hoefer, II, Esquire, Harwell, Ballenger, Barth, and Hoefer, L.L.P.

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October 3, 2003

Opinion concerning dual office holding. Specifically, whether simultaneously holding the positions of Delinquent Tax Collector for Barnwell County and board member of the Barnwell County District 45 School Board would constitute dual office holding.

Requested by: Wendall P. Gibson, Jr., Barnwell County Treasurer

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September 17, 2003

Opinion “regarding the possible application of a recent amendment to the South Carolina Constitution to commissioned law enforcement officers of the South Carolina Department of Natural Resources.”

Requested by: Paul S. League, Deputy Chief Counsel, SC Department of Natural Resources

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September 12, 2003

Opinion concerning dual office holding. Specifically, asking whether simultaneously holding the positions of Mauldin Clerk of Court and Simpsonville City Council member would constitute dual office holding.

Requested by: Ms. Geneva D. Lawrence, Mauldin Clerk of Court

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September 11, 2003

Opinion “concerning an issue involving an employee of the Town who also happens to be the Municipal Judge.”

Requested by: Brian M. Gibbons, Esquire, Fort Lawn Town Attorney

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September 8, 2003

Opinion on dual office holding (serve as city attorney for the City of Aiken and as a member of the Aiken County Commission on Higher Education).

Requested by Gary H. Smith, III, Esquire, Aiken City Attorney.

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August 28, 2003

Opinion concerning dual office holding (holding positions of “city judge and magistrate in another district that is not his or hers).

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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August 27, 2003

Opinion asking if it would constitute dual holding for an individual to occupy the position of Interim City Manager/Director of Public Safety for the City of Columbia.

Requested by: William R. Neill, Deputy Director, Criminal Justice Academy Division, SC Department of Public Safety

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August 12, 2003

Opinion concerning dual office holding. Specifically, a trustee for the Medical University of South Carolina (MUSC), can simultaneously serve on the Florence Housing Authority without violating the constitutional prohibition on dual office holding.

Requested by: The Honorable J.G. McGee, Member, House of Representatives

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July 28, 2003

Opinion concerning the state constitutional prohibition of dual office holding. Specifically, an individual who is currently employed by the Charleston City Police Department has been asked to serve on the Town of Hollywood Planning and Zoning Commission.

Requested by: The Honorable Gerald Schuster, Mayor, Town of Hollywood

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July 24, 2003

Opinion concerning dual office holding. Specifically, “as to whether the position of Victims’ Services Coordinator is considered an office, as it pertains to the South Carolina Constitution prohibition against dual office holding.”

Requested by: Chief Douglas W. Graffagnino, Seneca Police Department

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July 21, 2003

Opinion concerning replacing a county councilman who was involved in an automobile accident and whom is incapable of fulfilling his or her duties.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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June 30, 2003

Opinion asking whether the Charleston County School District (CCSD) can impose, as a term of the lease, the provisions of the exclusive vending contract between Pepsi and CCSD under the South Carolina Charter School Act of 1996.

Requested by: The Honorable Wallace Scarborough, Member, House of Representatives

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June 10, 2003

Opinion asking whether pursuant to S.C. Code Ann. § [4-9-620], a county can appoint an individual as Administrator and contract the individual’s services and provide payment through a contract with a corporate entity wholly owned by the individual named as Administrator, under certain conditions.

Requested by: The Honorable Sel Hemingway, Chairman, Georgetown County Council

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May 27, 2003

Opinion regarding dual office holding. Specifically, whether a position on the South Carolina Occupational Safety and Health Review Board that is held simultaneously with a position on the Georgetown County Election Commission, appointed by County Council, violates the South Carolina Constitution.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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April 28, 2003

Opinion asking whether a person serving on the Central Midlands Council of Government holds an office for dual office holding purposes.

Requested by:  The Honorable John M. Knotts, Jr., Senator, District No. 23

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April 18, 2003

Opinion asking whether it would constitute dual office holding pursuant to the South Carolina Constitution to simultaneously hold the positions of member of the Williston District School Board and member of the Barnwell County Board of Generations Unlimited.

Requested by: J.D. Mosteller, III, Esquire, Barnwell County Attorney

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April 3, 2003

Opinion concerning the propriety of certain appointments to local boards or commissions and public service districts.

Requested by: The Honorable Ronald P. Townsend, Chairman, Education and Public Works Committee

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March 19, 2003

Opinion regarding dual office holding. Specifically, an individual who has been appointed by Hampton County Council to the Hampton County Economic Development Board is also seeking appointment by Hampton County Council to the Lowcountry Work Force Investment Board.

Requested by:  A.G. Solomons, Jr., Esquire, Hampton County Attorney

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March 13, 2003

Opinion asking “whether or not it would violate the dual office holding prohibition of the South Carolina Constitution for a CPW Commissioner to also serve as a member of the GLEAMNS Commission.”

Requested by: William B. Patrick, Jr., Esquire

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March 12, 2003

Opinion asking if the Clinton Newberry Natural Gas Authority is an agency of South Carolina and if serving on the board of the authority violates the dual office prohibition when the board is composed of the following members: Clinton Mayor, Newberry Mayor, two Clinton City Council Members, and two Newberry City Council Members.

Requested by:  Lieutenant Governor Andre Bauer, Office of the Lieutenant Governor

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February 26, 2003

Opinion regarding potential dual office holding when two individuals (one candidate who presently serves as a publicly elected official of the James Island Public Service District, and the other as the city’s fire chief), can continue in their present positions and simultaneously serve on the James Island Charter High School Board of Directors.

Requested by: Nancy B. Gregory, Ed.D.; Mr. Robert New, James Island Charter High School Committee

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February 26, 2003

Opinion regarding the legality of a member of Lexington County Council serving as advisor to the Lexington County Joint Water and Sewer Commission.

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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February 18, 2003

Opinion regarding the legal and constitutional status of the Hunley Commission.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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February 14, 2003

Opinion regarding the propriety of Ms. Diane D. Lauritsen’s intention to seek appointment to the Mount Pleasant Open Space Foundation.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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January 15, 2003

Opinion asking whether a person who is a member of the Town of Hilton Head’s Accommodations Tax Advisory Committee and is also a member of the State Tourism Expenditure Review Committee constitutes dual office holding in contravention of Article XVII, Sec. 1A of the South Carolina Constitution.

Requested by: Gregory D. DeLoach, Esquire, Assistant Town Manager for Administration/ Legal Department Director, Town of Hilton Head Island

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December 27, 2002

Opinion asking as to whether a person who serves simultaneously as a magistrate’s constable and a Reserve Police Officer for the City of Chesnee is dual office holding in contravention of the South Carolina Constitution.

Requested by: Mr. Chadwick Hutchins

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December 17, 2002

Opinion as to whether a “member of our Union County Fair Board [who is] …appointed to Union County Election Commission” may simultaneously hold both positions without contravention of the dual office holding provision of the South Carolina Constitution.

Requested by: William F. James, Chairman, Union County Agricultural Fair Association

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December 10, 2002

Opinion asking if simultaneously sitting on the Spartanburg County Library Board of Trustees as Treasurer and being appointed to the Spartanburg Planning Commission, constitutes dual office holding for purposes of the South Carolina Constitution.

Requested by: Mr. Robert P. Richardson

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December 3, 2002

Opinion asking as to whether your “accepting a seat on South Carolina’s newly formed Conservation Voters of South Carolina volunteer board” while also serving on the South Carolina Consumer Affairs Commission would constitute dual office holding in contravention of the South Carolina Constitution.

Requested by: Barbara B. League

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November 19, 2002

Opinion regarding “whether an appointment to the GLEAMNS Human Resources Commission, Inc. along with an appointment to the Greenwood Metro Board (Water District) is considered dual office holding.”

Requested by: Joseph D. Patton, Executive Director, GLEAMNS Human Resources Commission, Inc.

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September 20, 2002

Opinion concerning whether serving in the House and on the governing Board of North Greenville College violates the dual office holding provision of the South Carolina Constitution.

Requested by: Mr. Joseph G. Mahaffey

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August 19, 2002

Opinion regarding a potential dual office holding situation. Specifically, if a person continues to serve as a commissioner on the JWSC as a representative of the City of West Columbia and as a member of County Council in January of 2003. And if there is a “problem with a person serving on County Council while being employed as a municipality’s utilities director.”

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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July 26, 2002

Opinion regarding dual office holding, specifically serving on the Beaufort County Transportation Committee by appointment, and serving on the State Board for Technical and Comprehensive Education from the Second Congressional District.

Requested by: W. Brantley Harvey, Jr., Esquire, Harvey & Battey, PA

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July 25, 2002

Opinion asking two questions regarding this situation: first can an individual be employed in a dual capacity as a victims’ advocate and court clerk; and, second, may the clerk of court office be housed within the police department building?

Requested by: J. Scott Bannister, Chief of Police, Westminster Police Department

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May 28, 2002

Opinion noting that “pursuant to 4-10-300 et seq. S.C. Code of Laws, as amended, Hampton County is seeking to conduct a referendum on the issue of whether to establish a $.01 sales tax for capital projects in the County.”

Requested by: A.G. Solomons, Jr., Esquire

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May 13, 2002

Opinion asking whether one serving on three separate boards would be dual office holding under the South Carolina Constitution.

Requested by: Greg Ohanesian, Esquire

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May 6, 2002

Opinion noting that you are considering running for County Council of Colleton County.

Requested by: Reverend Evon Robinson, Chairman, Colleton County School Board

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May 6, 2002

Opinion asking whether a member of a local tourism advisory committee also may serve on the State Tourism Expenditure Review Committee without violating the dual office holding provision of the South Carolina Constitution.

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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April 29, 2002

Opinion asking whether the Senior Planner of Mt. Pleasant holds an office for dual office holding purposes.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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April 2, 2002

Opinion asking whether one who holds the position of Director of Planning and Development for the Town of Mt. Pleasant and wished to serve on the Awandaw Town Council would be dual office holding.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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January 23, 2002

Opinion on dual office holding (serve as Mayor of the City of Spartanburg and as a member of the Education Oversight Committee).

Requested by: Jo Anne Anderson, Executive Director, Education Oversight Committee

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November 20, 2001

Opinion concerning amendments to the enabling ordinance of the Bamberg County Development Board.

Requested by: Alzena Robinson, Member, Bamberg County Development Board

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September 14, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Accommodations Tax Committee simultaneously serves on the Tourism Expenditure Review Committee.

Requested by: John L. Weaver, Esquire

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July 24, 2001

Opinion asking “whether a legislator who has served in the South Carolina General Assembly in 2001 may be employed as Executive Director of the South Carolina Lottery, an employment position created by the legislation that enacted the South Carolina Lottery in 2001.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, The Senate

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July 19, 2001

Opinion concerning our State’s Constitutional provision prohibiting dual office holding.

Requested by: George S. Glassmeyer, Assistant General Counsel, South Carolina Department of Public Safety

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July 18, 2001

Opinion concerning whether a dual office holding situation exists if a South Carolina independent college president serves simultaneously as the ex officio member representing the independent colleges on the S.C. Commission on Higher Education and as a member of the S.C. Tuition Grant Commission.

Requested by: Edward M. Shannon, III, Executive Director, South Carolina Higher Education Tuition Grants Commission.

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June 21, 2001

Opinion concerning whether a dual office holding situation exists if a current member of the Allendale County School District Board is appointed magistrate for Allendale County.

Requested by: Heather Lea Simmons, County Administrator, Allendale County

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

Phone: 1-803-734-3970 | Fax: (803) 253-6283

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