Posts Tagged ‘dual office’

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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May 8, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Planning Commission and the South Carolina State Board for Technical and Comprehensive Education.

Requested by: Mr. John L. Weaver, III, Esquire

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March 26, 2001

Opinion concerning whether a dual office holding situation exists if  the Chairman of Clarendon County Council simultaneously serves as a member of the State Board of Registration for Foresters.

Requested by: Mr. Dwight L. Stewart, Jr.

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February 28, 2001

Opinion concerning whether a dual office holding situation exists if a chairman of the Crosswell Fire District in Pickens County simultaneously serves as a full-time fire fighter for the City of Easley.

Requested by: G. Edward Welmaker, Esquire

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February 27, 2001

Opinion concerning whether a dual office holding situation exists if a member of Spartanburg County Council simultaneously serves as a member of the County Commission on Higher Education.

Requested by: The Honorable John D. Hawkins, Senator, District No. 12

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February 27, 2001

Opinion concerning whether a dual office holding situation exists if a Hampton County Council Chairman simultaneously serves as a member of the Department of Natural Resources Advisory Board.

Requested by: Lee S. Bowers, Esquire

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February 26, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Clemson University Police Department serves simultaneously as a town councilman.

Requested by: Mark H. Durham

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February 9, 2001

Opinion concerning whether a dual office holding situation exists if a Greenville County Code Enforcement Officer simultaneously serves as a member of the City of Fountain Inn Construction Appeals Board.

Requested by: Peter P. Nomikos, Code Enforcement Administrator

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February 9, 2001

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina House of Representatives simultaneously  as a member of the South Carolina Economic Education Council.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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January 23, 2001

Opinion concerning whether a dual office holding situation exists if the Commissioner of the Dunklin Fire District simultaneously serves as the Fire Chief of the District.

Requested by: The Honorable Daniel L. Tripp, Member, House of Representatives

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January 22, 2001

Opinion concerning whether a dual office situation exists if the new mayor pro tempore simultaneously serves as a deputy coroner.

Requested by: Andy Blackwell, Chief of Police, Irmo Police Department

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January 17, 2001

Opinion asking whether a dual office-holding situation exists if a member of the Pickens County Aeronautics Commission serves simultaneously as an elected council member.

Requested by: G. Edward Welmaker, Esquire

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December 1, 2000

Opinion asking whether a dual office holding situation exists if a soil and water conservation commissioner simultaneously serves as a member of a local drought response committee.

Requested by: The Honorable Sara S. Quinn, Assistant Chief Counsel, SC Department of Natural Resources

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October 18, 2000

Opinion asking whether a dual office holding situation exists if a member of the Lander University Board of Trustees simultaneously serves as a member of the Lexington County School District 2 Board of Trustees.

Requested by: Maurice Holloway

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October 17, 2000

Opinion asking whether a dual office holding situation exists if an individual serves as a member of a local government planning commission while simultaneously holding a paid position with the local government’s planning department.

Requested by: Richard L. Pearce, Esquire

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October 16, 2000

Opinion asking whether a dual office holding situation exists if an individual serves simultaneously as Mayor of the City of Mullins, Assistant Marion County Coroner and Marion County EMS Director.

Requested by: Robert H. Corley, Esquire

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October 11, 2000

Opinion inquiring whether a dual office holding situation exists if the Juvenile Arbitration Director for Orangeburg, Calhoun and Dorchester Counties simultaneously serves as a part-time associate municipal judge.

Requested by: Vernetha G. Glenn

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August 29, 2000

Opinion concerning whether a dual office holding situation exists if an individual serves simultaneously as both Chairman of a Regional Council of Governments and as an elected member of a county school board.

Requested by: James T. Darby, Jr., Executive Director, SLRCOG

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August 23, 2000

Opinion asking whether a dual office holding situation would exist if a member of the Bamberg County Election Commission simultaneously served as a member of the Bamberg County Council.

Requested by: Ms. Alzena Robinson

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August 23, 2000

Opinion asking whether a dual office holding situation exists if an individual serves simultaneously as both a member of the South Carolina Commission for the Blind’s Board of Commissioners and as the President of the local chapter of the National Federation of the Blind.

Requested by: Jacqueline Brown, Chairperson, SC Commission for the Blind, Board of Commissioners

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August 15, 2000

Opinion asking whether a dual office holding situation exists if an individual serves simultaneously as the Johnsonville City Administrator, Johnsonville Associate City Judge, and as a member of the Johnsonville School District Board of Trustees.

Requested by: The Honorable Thomas E. Redmond, Mayor, City of Johnsonville

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August 3, 2000

Opinion asking whether a dual office holding situation exists if a member of the Charleston County Planning Commission simultaneously serves as a member of the South Carolina Coastal Zone Appellate Panel.

Requested by: Mr. Joseph Dawson, III, Esquire

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July 31, 2000

Opinion asking whether a dual office holding situation exists if a police officer for the Town of Mount Pleasant simultaneously serves on the Berkeley County Council.

Requested by: R. Allen Young, Esquire

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July 25, 2000

Opinion asking whether a dual office holding situation exists if a police officer for the Town of Mount Pleasant simultaneously serves on the Berkeley County Council.

Requested by: R. Allen Young, Esquire

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July 18, 2000

Opinion asking whether appointment to the board of directors of the Orangeburg- Calhoun Regional Law Enforcement Commission is considered an office for dual office holding purposes.

Requested by: D’Anne Haydel, Esq.

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June 21, 2000

Opinion informing this Office that the Anderson County Legislative Delegation  will be making appointments to several boards  and commissions on June 26, 2000.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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June 8, 2000

Opinion asking whether a dual office holding situation exists if a member of the Berkeley County Zoning Appeals Board simultaneously serves as a member of the Hanahan Municipal Election Commission.

Requested by: Jack E. Stahl

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June 2, 2000

Opinion asking whether a dual office holding situation exists if the Mayor of the Town of Bonneau, South Carolina simultaneously serves as a member of the Berkeley County Advisory Rural Fire Control Board.

Requested by: The Honorable Rembert E. Wrenn, Mayor, Town of Bonneau

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June 2, 2000

Opinion concerning whether a dual office holding situation exists if the Beaufort City Attorney, who is appointed pursuant to the Beaufort City Code, simultaneously serves as city prosecutor.

Requested by: John F. McDonough, City Manager, City of Beaufort

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May 24, 2000

Opinion asking whether a dual office holding situation exists if the Westminster City Police Chief simultaneously serves as the City Administrator.

Requested by: William Strachan, City Administrator/ Chief of Police, City of Westminster

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May 2, 2000

Opinion requesting as to whether service on the South Carolina Commission for Minority Affairs constitutes an office for purposes of Article XVII, Sec. 1A of the South Carolina Constitution.

Requested by: The Honorable Maggie W. Glover, South Carolina State Senate

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April 18, 2000

Opinion asking questions regarding the appointment of the Director of the Division of Fisheries of the Department of Natural Resources to the Atlantic States Marine Fisheries Commission.

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

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March 30, 2000

Opinion asking whether a dual office holding situation exists if a member of the Richland County Airport Commission is also a member of the Medical University of South Carolina Board of Trustees.

Requested by: Mr. Dennis L. Dabney, Certified Public Accountant

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March 21, 2000

Opinion asking whether a Magistrate who serves as a municipal judge by contract may also draw salary for employment in a different capacity with a State agency.

Requested by: The Honorable James A. Preacher, Jr., Chief of Police, Town of Norway

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March 2, 2000

Opinion on dual office holding (serve as County Office Manager 1 for the Dept. of Juvenile Justice and run for Mayor of the town of Allendale).

Requested by Mr. Ronnie Jackson, DJJ County Office Manager, Allendale.

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February 24, 2000

Opinion asking whether a dual office holding situation exists if a member of the Bamberg County Election Commission simultaneously serves as a member of the Bamberg County Development Board.

Requested by: Alzena Robinson

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January 27, 2000

Opinion asking whether a dual office holding situation exists if the Assistant City Attorney for Greenville simultaneously serves as a state senator.

Requested by: Debra J. Gammons, Esquire

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January 17, 2000

Opinion asking whether a dual office holding situation exists if a member of the State Board of Education simultaneously serves on the Edgefield County Hospital Board.

Requested by: Clarence Dickert, Member, State Board of Education

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September 20, 1999

Opinion asking whether a dual office holding situation would exist under Article XVII, § 1A of the state constitution if a member of the Manning City Council should simultaneously serve as a member of the Clarendon County District Two School Board.

Requested by: The Honorable Jerry Robinson, Mayor, City of Manning; The Honorable Hezikiah Gibson, Mayor Pro-Tem, City of Manning

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August 26, 1999

Opinion regarding dual office holding, whether being a municipal court judge and being Charleston County Solicitor would violate that rule.

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

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July 26, 1999

Opinion asking whether the dual office holding prohibitions of the South Carolina Constitution would be violated if an individual were to simultaneously serve as a member of the Greenwood County Council and as a member of the State Board of Nursing.

Requested by: W. Lee Roper, Esquire

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June 21, 1999

Opinion asking whether a dual office situation would exist if a highway patrolman simultaneously served as a member of the Newberry County School Board.

Requested by: The Honorable Andre Bauer, Senator, District No. 18

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May 27, 1999

Opinion asking whether a dual office holding situation exists if the McCormick Town Attorney simultaneously serves as the Tri-County Public Defender for Edgefield, Saluda and McCormick Counties.

Requested by: The Honorable Miriam E. Patterson, Mayor, Town of McCormick

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April 28, 1999

Opinion asking whether simultaneous service as mayor and correctional officer violates the dual office holding prohibitions of the South Carolina Constitution.

Requested by: The Honorable Joe E. Brown, Member, House of Representatives

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April 1, 1999

Opinion asking whether “…the Governor [has] …the authority to remove members of the Public Service Authority prior to the expiration of their terms.”

Requested by: The Honorable Larry K. Grooms, Senator, District No. 37

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March 16, 1999

Opinion asking whether a dual office holding situation exists if a member of the City of North Myrtle Beach Board of Zoning Appeals simultaneously serves on the Horry County Higher Education Commission.

Requested by: The Honorable Liston D. Barfield, Chairman, Horry County Legislative Delegation

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March 2, 1999

Opinion asking whether a dual office holding situation exists if a member of the City of North Charleston Parks and Recreation Board simultaneously serves as a member of the Cooper River Constituent District #4.

Requested by: Gerry Urbanic, Director, Department of Legal Services, Charleston County School District

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January 25, 1999

Opinion asking whether a dual office situation exists if the Director of Law Enforcement were simultaneously serves as the supervisor of parking personnel for Clemson University .

Requested by: Lonnie J. Saxon

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January 11, 1999

Opinion asking whether appointment to the board of trustees (the “Board”) of the Regional Medical Center of Orangeburg and Calhoun Counties (the “TRMC”) is considered an office for dual office holding purposes.

Requested by: D’Anne Haydel, Esq., Orangeburg County Attorney

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January 7, 1999

Opinion addressing the meaning of the term “office of honor, profit or trust.”

Requested by: The Honorable John Graham Altman, III, Member, House of Representatives

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October 8, 1998

Opinion concerning whether a dual office holding situation exists if a magistrate simultaneously serves on the Commission for Minority Affairs.

Requested by: Janie A. Davis, Executive Director, Commission for Minority Affairs

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September 28, 1998

Opinion concerning whether a member of the Walterboro/Colleton Airport Commission violates the dual office holding prohibition when the commission is composed of the following five members: Walterboro Mayor, Walterboro City Council member, Colleton County Council member, Colleton County Auditor, Colleton County treasurer serving ex officio?

Requested by: The Honorable Larry Grooms, Senator, District No. 37

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September 14, 1998

Opinion asking whether dual office holding prohibitions of the State Constitution would be violated if an individual were to simultaneously serve as a city attorney for the City of Greenwood and as Master-in-Equity for Abbeville County.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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September 9, 1998

Opinion asking: does serving on the Walterboro/Colleton Airport Commission violate the dual office holding prohibition when the commission is composed of the following five members: Walterboro Mayor, Walterboro City Council member, Colleton County Council member, Colleton County Auditor, Colleton County treasurer serving ex officio?

Requested by: The Honorable Larry Grooms, Senator, District No. 37

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July 22, 1998

Opinion concerning whether  a dual office holding situation exists if a member of the board of the Pickens County Water Authority simultaneously serves as a member of the board of Powdersville Water Company.

Requested by: Mr. Cecil Bracken, Powdersville Water Company, Inc.

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July 9, 1998

Opinion asking whether it is legal for an individual working for the South Carolina department of Mental Health to also serve on the Allendale County Voter Registration and Elections Commission.

Requested by: Ms. Dorothy J. Willis, Board of Registration, Allendale County

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June 22, 1998

Opinion asking whether the dual office holding prohibitions of the State Constitution would be violated if the appointed associate judge’s law partner, also a member of county council, voluntarily (no pay) assists by assuming judicial responsibilities until the appointed associate judge returns from medical leave.

Requested by: Gregory D. DeLoach, Esquire, Legal Department Director, Town of Hilton Head Island

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June 3, 1998

Opinion concerning whether a dual office holding situation exists if a law enforcement officer for the Greenville Spartanburg Airport Commission simultaneously serves as a member of town council.

Requested by: Hazel Hall, Town of Lyman Election Commission

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May 7, 1998

Opinion concerning whether a dual office holding situation exists if a member of the Colleton County School Board simultaneously serves as the Colleton County Administrator.

Requested by: Paul N. Siegel, Esquire

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May 7, 1998

Opinion asking whether an individual may simultaneously serve as a Master-in-Equity and as a municipal court judge without violating the dual office holding prohibitions of the South Carolina Constitution.

Requested by: Gene Beckman, Director of Appointments, Office of the Governor

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May 7, 1998

Opinion concerning whether a dual office holding situation exists if a municipal court judge simultaneously serves as a probate judge.

Requested by: Kenneth W. Arthur, Chief of Police, Walterboro Police Department

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April 30, 1998

Opinion concerning whether a dual office holding situation exists if a member of the Colleton County School Board simultaneously serves as the Colleton County Administrator.

Requested by: The Honorable McKinley Washington, Senator, District No. 45

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April 21, 1998

Opinion concerning whether a dual office holding situation exists if a member of the Town of Kershaw Election Commission simultaneously serves as the Lancaster County Attorney.

Requested by: William R. Sims, Esquire

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April 2, 1998

Opinion asking whether a dual office holding situation exists if a city councilman simultaneously serves as a Community Specialist IV for the South Carolina Department of Juvenile Justice.

Requested by: The Honorable William E. Myrick, Jr., Municipal Court Judge, Town of Allendale

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April 2, 1998

Opinion concerning whether a dual office holding situation exists if a duly elected member of the Summerville Town Council simultaneously serves on the Dorchester County Transportation Committee.

Requested by: John G. Frampton, Esquire

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January 29, 1998

Opinion asking whether a dual office holding situation exists if a part-time magistrate simultaneously serves as a member of the Pee Dee Tourism Commission.

Requested by: The Honorable Maggie W. Glover, Senator, District No. 30

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January 6, 1998

Opinion asking whether there would be a conflict of interest and/or violations of the State Ethics Act if you were to simultaneously serve in two positions.

Requested by: Peter P. Nomikos, Code Enforcement Administrator, County of Greenville

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December 5, 1997

Opinion asking whether the dual office holding prohibitions of the State Constitution would be violated if an individual were to simultaneously serve as a duly elected Commissioner of the South Carolina Department of Transportation and as a member of the State Transportation Infrastructure Bank Board.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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November 24, 1997

Opinion asking whether serving as a member of the Francis Marion University Board of Trustees while simultaneously serving as President and Chief Executive Officer of Santee Cooper would violate the dual office holding prohibitions of the South Carolina Constitution.

Requested by: T. Graham Edwards, President and Chief Executive Officer, Santee Cooper

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September 18, 1997

Opinion concerning whether a dual office holding situation exists if an the mayor simultaneously serves as a magistrate.

Requested by: The Honorable William H. O’Dell, Senator, District No. 4

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July 10, 1997

Opinion inquiring whether a dual office holdin situation exists if a county magistrate simultaneously serves as a municipal codes enforcement officer.

Requested by: Cecil Kimrey, Town Administrator, Town of Pageland

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June 27, 1997

Opinion concerning whether a dual office holding situation would exist if an Assistant United States Attorney simultaneously serves as a member of city or county council or member of the General Assembly and whether a dual office holding situation exists if a city prosecutor simultaneously serves as a member of city or county council or member of the General Assembly.

Requested by: Thomas O. Sanders, IV, Esquire

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June 19, 1997

Opinion asking whether a dual office holding situation exists if a member of the Sumter County Transportation Committee simultaneously serve on the Mid-Carolina Commission for Higher Education.

Requested by: C. Leslie Carpenter, Dean of the University, University of South Carolina-Sumter

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June 12, 1997

Opinion asking whether membership on the Marlboro County Economic Development Partnership would be considered an office for dual office holding purposes.

Requested by: The Honorable George C. McIntyre, Chairman, Marlboro County Council

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May 30, 1997

Opinion asking whether a dual office holding situation exists if the solicitor simultaneously serves as the part-time municipal court judge for Mount Pleasant.

Requested by: R. Allen Young, Esquire

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May 8, 1997

Opinion inquiring whether a dual office holding situation exists if a member of Florence City Council simultaneously serves as a member of the Micro-Loan Program Advisory Committee.

Requested by: James W. Peterson, Jr., Esquire

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April 24, 1997

Opinion concerning the following question: [m]ay a Code Enforcement Officer, appointed by County Council, be issued and carry a weapon or pistol during the performance of his duties of office? If so, under what circumstances may he do so?

Requested by: Robert M. Bell, Esquire

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April 9, 1997

Opinion  inquiring as to whether an individual may serve simultaneously as mayor of the City of New Ellenton and as a Tax enforcement officer for Aiken County.

Requested by: The Honoarble Ronald G. Carmack, Member, New Ellenton Town Council

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January 29, 1997

Opinion inquiring whether an individual’s service on both a local constituent school board and the Charleston County Park and Recreation Commission would constitute dual office holding.

Requested by: The Honorable Glenn F. McConnell, Chairman, Joint Delegation, Charleston County Legislative Delegation

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January 7, 1997

Opinion concerning whether a dual office holding situation exists if a member of the Barnwell County Hospital Board simultaneously serves on the Barnwell County Transportation Committee.

Requested by: Daniel W. Williams, Esquire

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December 18, 1996

Opinion concerning the legality of transferring responsibility for the “C” fund program in York County from the County Transportation Committee to the County Council.

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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December 18, 1996

Opinion seeking as to whether it would appropriate for the York County Council to distribute the gasoline tax or “C” fund, in York County.

Requested by: The Honorable Carl L. Gullick, Chairman, York County Council

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December 5, 1996

Opinion stating: [d]etention officers of our county jail have been told by the county magistrate’s office that they can not charge inmates who assault them with assault and battery on a peace officer due to the fact that they hold no peace officer status while on duty, and officers can no longer charge an individual with threatening a public official due to the fact officers are not considered public officials in the court view.

Requested by: W.C. Humphrey, Jr., Training Sergeant, Detention Center, Greenwood County

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November 21, 1996

Opinion concerning whether a dual office holding situation exists if a member of the State Commission on Minority Affairs simultaneously serves as a member of the South Carolina State University Board of Trustees

Requested by: The Honorable James Furtick, Jr., Commissioner, SC Commission for Minority Affairs

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October 8, 1996

Opinion on dual office holding (member of the school advisory council for Jefferson Elementary School Attendance in Chesterfield County and run as a write-in candidate for district commissioner with the Chesterfield Soil and Water Conservation District).

Requested by Mr. Billy L. Jenkins, Jefferson.

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September 12, 1996

Opinion concerning whether a dual office holding situation exists if the Barnwell County treasurer simultaneously serves as the Interim County Administrator.

Requested by: The Honorable Pickens Williams, Jr., Barnwell County Treasurer

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August 14, 1996

Opinion concerning whether a dual office holding situation would exist if a member of the Lexington-Richland School District Five Board of Trustees simultaneously serves as both the University of South Carolina Business Manager for the School of Education and the commissioner of the Irmo Fire District.

Requested by: Mr. Steve Mattison

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July 23, 1996

Opinion concerning whether a dual office holding situation exists if a member of the Beaufort County Board of Elections and Voter Registration simultaneously serves on any other boards and/or commissions.

Requested by: James W. Richardson, Chairman, Beaufort County Board of Elections and Voter Registration

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July 23, 1996

Opinion concerning whether a dual office holding situation exists if a member of the Kershaw County Transportation Committee simultaneously serves on the Kershaw County Water and Sewer Authority.

Requested by: Bob Artlip

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July 17, 1996

Opinion concerning whether a dual office holding situation exists if a member of the Spartanburg County Commission for Technical Education simultaneously serves on the City of Spartanburg Construction Appeals Board.

Requested by: The Honorable C. Tyrone Courtney, Senator, District No. 13

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June 24, 1996

Opinion concerning whether a dual office holding situation exists if the Emergency Preparedness Director for Edgefield County, who also is co-coordinator of the E911 office, offers for election to and simultaneously serves as Mayor of the Town of Johnston.

Requested by: Wayne Adams, Edgefield County Administrator

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June 13, 1996

Opinion concerning whether a dual office holding situation exists if Fire Chief of the City of Gaffney simultaneously serves as a reserve police officer.

Requested by: Don Parris, Fire Chief, City of Gaffney

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May 31, 1996

Opinion questioning a possible conflict of interest, recusal from discussion and voting, and the like, if you were to serve on two commissions and whether there would be any prohibition against concurrently serving on The South Carolina Commission for the Blind and the South Carolina State Independent Living Council.

Requested by: Nancy W. Knowles

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May 2, 1996

Opinion seeking as to the scope of services which the Central Midlands Regional Planning Council may provide to its member counties and municipalities.

Requested by: The Honorable James A. Lander, Senator District 18

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April 8, 1996

Opinion concerning whether a dual office holding situation exists if the Revenue Collector for the Town of Hilton Head Island simultaneously serves on Beaufort County Council.

Requested by: Ms. Kathy Barnes

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March 5, 1996

Opinion inquiring whether or not it is permissible for the Marlboro County Auditor to hold that position and run for election as the Marlboro County Treasurer.

Requested by: The Honorable Delorice B. Cox, Marlboro County Auditor

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December 14, 1995

Opinion concerning whether a dual office holding situation exists if members appointed by the Horry County legislative Delegation to serve as members of the Horry County Transportation Committee are simultaneously appointed by Horry County Counsel to serve on the Horry County Transportation Authority.

Requested by: The Honorable Mark S. Kelley & The Honorable Thomas G. Keegan, Members of the House of Representatives

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December 13, 1995

Opinion concerning whether a dual office holding situation exists if a sheriff’s deputy simultaneously serves as a commissioner of the Board of Fire Control of the Croft Fire District.

Requested by: The Honorable Carole C. Wells, Chairman, Spartanburg County Legislative Delegation

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December 13, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Piedmont Technical Education Commission simultaneously serves on the Savannah Lakes Village Commission.

Requested by: Mr. Gene Beckman, Boards and Commissions, Office of the Governor

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December 6, 1995

Opinion concerning whether a dual office holding situation exists if the mayor or member of council under a council-manager form of municipal government simultaneously serves as a member of the volunteer fire department and, if not, are they are allowed to hold an officer’s position, such as assistant chief or chief?

Requested by: Jonathan R. Hendrix, Esquire, Attorney for Batesburg-Leesville

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November 28, 1995

Opinion concerning whether a member of the Charleston County Library Board would be considered an office of honor or profit for purposes of dual office holding.

Requested by: Ms. Carol N. Ward

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October 30, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Newberry County Transportation Committee simultaneously serves as a member of the Jesse Frank Hawkins Nursing Home Board of Commissioners.

Requested by: Jeff Jefcoat

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October 23, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Library Board simultaneously serves on the State Board of Education.

Requested by: Carol N. Ward

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October 16, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Cherokee County Development Board simultaneously serves on the City of Gaffney Planning and Zoning Commission.

Requested by: H. Fulton Ross, Jr., Gaffney City Attorney

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October 9, 1995

Opinion concerning whether a dual office holding situation exists if a duly elected commissioner simultaneously serves as a voluntary officer/fire-fighter.

Requested by: The Honorable Harold Jenkins, Chairman, Piedmont Park Fire District Commission

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August 10, 1995

Opinion concerning whether an officer commissioned by Newberry County would be considered an officer for dual office holding purposes.

Requested by: The Honorable James Lee Foster, Sherriff of Newberry County

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July 19, 1995

Opinion concerning whether a dual office holding situation exists if a Commissioner of the Greenville Water System simultaneously serves as Executive Director of the Donaldson Development Commission in Greenville.

Requested by: The Honorable Vardry D. Ramseur III, Commissioner, Greenville Water System

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July 13, 1995

Opinion addressing four questions concerning dual office holding and conflict of interest.

Requested by: The Honorable James Lee Foster, Sheriff of Newberry County

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June 28, 1995

Opinion inquiring as to the proper procedures for Pickens County Council to follow in regards to several situations involving the Freedom of Information Act and possible dual office holding violations.

Requested by: G. Edward Welmaker, Esquire

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June 28, 1995

Opinion concerning whether a dual office holding situation exists if  a deputy coroner simultaneously serves as a member of county council.

Requested by: The Honorable Grady A. Brown, Member, House of Representatives

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June 12, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Springfield Town Council simultaneously serves as police chief of the Town, uncompensated other than having workers compensation coverage provided.

Requested by: The Honorable Steven V. Morrone, Member, Springfield Town Council

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May 24, 1995

Opinion concerning whether a dual office holding situation exists if a member of the local Foster Care Review board simultaneously serves on the local Board of Assessment Appeals.

Requested by: The Honorable Glenn F. McConnell, Chairman, Charleston County Joint Legislative Delegation

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May 24, 1995

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina House of Representatives simultaneously serves as the interim Economic Developer/Director of the Lancaster County Economic Development Corporation.

Requested by: The Honorable William D. Boan, Member, House of Representatives

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May 24, 1995

Opinion concerning a letter forwarded to the Attorney General’s Office by Henry L. Deneen, Chief Legal Counsel for Governor Beasley on the topic of dual office holding and the South Carolina Constitution.

Requested by: Broadus E. Albertson, Chief, Walhalla Police Department

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May 16, 1995

Opinion asking “Does the appointment by a county legislative delegation of a county council to serve as the County Transportation Committee under the provisions of S.C. Code Ann. §12-27-400, as amended, violate any constitutional or statutory provision or common law principal?”

Requested by: Melvin B. McKeown, Jr., Esquire, York County Attorney

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April 21, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Board of Visitors of the Citadel simultaneously serves as a member of the Abbeville County Historic Preservation Commission.

Requested by: The Honorable John A. McAllister, Jr., Member, The Citadel Board of Visitors

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April 5, 1995

Opinion inquiring whether a dual office situation exists if a member of the Darlington County Public Defender Corporation simultaneously serves as a member of Hartsville City Council.

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

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April 5, 1995

Opinion concerning whether a dual office holding situation exists if a member of Hollywood City Council simultaneously serves as a member of the Charleston County Disabilities Board.

Requested by: Karolyn Payne Elliott, M.A., J.D., Executive Director, Disabilities Board of Charleston County

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March 27, 1995

Opinion asking whether S.C. Const. Art. III § 24 would prohibit an assistant solicitor of any county from seeking a seat in the General Assembly and whether an assistant solicitor position would be considered to be a position of “profit or trust under this State?”

Requested by: Thomas O. Sanders, IV, Esquire

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March 23, 1995

Opinion regarding the composition, verification, and terms of the newly created Board of Election and Registration of Union County.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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March 22, 1995

Opinion regarding whether institutional trustees serving on the Commission on Higher Education, as proposed by pending legislation, would encounter statutory or constitutional difficulties.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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March 20, 1995

Opinion concerning whether a dual office holding situation exists if an elected member of Greenville City Council simultaneously serves as the Director of the Insurance Fraud Division of the South Carolina Attorney General’s Office.

Requested by: The Honorable Catherine C. Christophillis, Member, Greenville City Council

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March 17, 1995

Opinion regarding as to whether a dual office holding situation exists if a member of Rock Hill City Council simultaneously serves on the governing board of the Rock Hill Economic Development Corporation (in an ex officio capacity as a member of City Council).

Requested by: Emil W. Wald, Esquire, Attorney for the City of Rock Hill

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March 14, 1995

Opinion concerning whether a dual office holding situation exists if a member of the City of Isle of Palms Planning Commission simultaneously serves as a Commissioner of the City’s Commission of Public Works.

Requested by: William W. Dreyfoos, Esquire, Attorney for City of Isle of Palms

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March 1, 1995

Opinion concerning whether a dual office holding situation exists if a city council member simultaneously serves on a County Transportation Committee.

Requested by: The Honorable Dave C. Waldrop, Jr., Member of House of Representatives

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February 23, 1995

Opinion concerning whether a dual office holding situation exists if  a member of a municipal election commission simultaneously serves as a voluntary fireman with the Bishopville City Fire Department.

Requested by: David R. Bushyager, City Administrator, City of Bishopville

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February 3, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Library Board of Beaufort County simultaneously serves on the governing body of Hilton head No. 1 Public Service District.

Requested by: Mr. Daniel R. McAvoy

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January 10, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Newberry County Board of Education simultaneously serves as an appointed member of the Newberry County Disabilities and Special Needs Board of Directors.

Requested by: TEC Dowling, Superintendent, School District of Newberry County

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December 7, 1994

Opinion concerning whether a dual office holding situation exists if a public member of the South Carolina Real Estate Appraisers Board simultaneously serves on the Horry County Council.

Requested by: Ms. Evelyn Causey

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November 2, 1994

Opinion on dual office holding (serve as Mayor of the Town of Sellers and as a code enforcement officer or public officer or chief).

Requested by The Honorable Frank Jones, Mayor, Town of Sellers.

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October 31, 1994

Opinion concerning how magistrates are compensated and whether a full-time position may be split into two part-time positions. Also, the Opinion addresses whether a dual office holding situation exists if a full-time magistrate simultaneously carries a part-time position.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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October 14, 1994

Opinion concerning whether a dual office holding situation exists if a member of the Aiken County Board of Education (if elected in the general election next month) simultaneously serves on the Aiken County Higher Education Commission.

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

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September 19, 1994

Opinion regarding whether a dual office holding situation exists if the part-time municipal judge for the Town of Fairfax undertakes contract legal work for the Town of Fairfax.

Requested by: Walter H. Sanders, Jr., Esquire

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September 15, 1994

Opinion concerning serving as Associate Probate Judge of Laurens County and whether one may receive a retainer agreement to be the attorney for the Commission of Public Works for the City of Laurens .

Requested by: The Honorable Donald B. Hocker, Associate Probate Judge of Laurens County

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June 24, 1994

Opinion concerning whether a dual office holding situation exists if a salaried state employee (administrator of the Real Estate Commission for the Department of Labor, Licensing, and Regulation) may simultaneously serves on the governing body of the State Ports Authority.

Requested by: The Honorable Herbert Kirsh, Member of House of Representatives

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April 20, 1994

Opinion whether a part-time employee of the Aiken County Auditor’s Office could be appointed to fill a vacancy on the governing body of the Belvedere Fire District, for the unexpired portion of the term.

Requested by: The Honorable Gloria Ruvo, Commissioner, Belvedere Fire District

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April 20, 1994

Opinion asking whether it would be viewed as a conflict if a commissioner of a dire district (or member of a board of fire control) were to serve as an auxiliary of honorary fireman.

Requested by: Ms. Lori A. Hinds, Administrative Assistant, Spartanburg County Legislative Delegation

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April 5, 1994

Opinion concerning whether a dual office holding situation exists if a member of Clemson University’s Board of Visitors simultaneously serves on the governing board of Spartanburg Technical College and the Work Force Initiative.

Requested by: Mr. Marvin B. Banton

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March 3, 1994

Opinion concerning whether a dual office holding situation exists if a County Planning Commission simultaneously serves on that county’s County Transportation Commission.

Requested by: The Honorable Larry Elliot, Member, House of Representatives

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February 23, 1994

Opinion inquiring whether a person may serve simultaneously as a trustee of the Williamsburg County School Board and as a member of the Board of Social Services of Williams County, an advisory board, without violating the dual office holding prohibitions of the State Constitution.

Requested by: Ms. Lucille B. Scott

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February 4, 1994

Opinion inquiring whether a police officer employed in one municipality may run for a seat on a city council in a separate municipality, located in another county, in which he resides.

Requested by: Donald N. Chadwick, Assistant Chief of Police, Blacksburg Police Department

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February 2, 1994

Opinion inquiring whether the position of Aiken County Attorney constitutes an office as contemplated be S.C. const. Art. XVII, § 1A.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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February 1, 1994

Opinion concerning whether a dual office holding situation exists if the Public Defender for Dillon County on a part-time basis simultaneously serves on the Dillon County Board of Education after the expiration of his term on the Board of Trustees of the local school district in the Latta area.

Requested by: A. LaFon LeGette, Jr., Esquire

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January 31, 1994

Opinion inquiring whether a dual office holding situation exists if a member of the State Board of Education simultaneously serves as a member of the Bamberg County Economic Development Commission.

Requested by: The Honorable Barbara Stock Nielsen, Ed.D. State Superintendent of Education

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January 25, 1994

Opinion concerning whether a dual office holding situation exists if members of the Florence County Visitor and Tourism Board and the Florence County Tax Appeal Board, both of which are appointed by Florence County Council simultaneously serve on the newly-created County Transportation Committee.

Requested by: The Honorable Hugh K. Leatherman, Sr. Senator, District No. 31

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January 19, 1994

Opinion asking if it is proper for a fireman to serve on a fire commission board when the commission itself has the right to hire and dismiss firemen, and if it is permissible for a person serving on a local school board to also serve on a fire commission board.

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

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January 19, 1994

Opinion inquiring whether a conflict of interest would be created if an individual were to serve simultaneously as Commissioner of Whitney Area Fire District and also as Fire Chief.

Requested by: The Honorable William Douglas Smith, Member, House of Representatives

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December 20, 1993

Opinion concerning whether a dual office holding situation exists if a member of Lexington County Council simultaneously serves as the chief investigator for the Lexington County Defender Agency, Inc.

Requested by: Ms. Tammy Rish Kitchens

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October 5, 1993

Opinion concerning whether a dual office holding situation exists if a member of the State Board of Education simultaneously serves on a School Board Improvement Council. Also, would a dual office holding situation exist if a member of the School District Board of Trustees simultaneously served as a member of a Peer Review Team in another school district?

Requested by: The Honorable Barbara Stock Nielsen, State Superintendent of Education

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September 10, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Richland/Lexington Board of Disabilities and Special Needs (formerly Mental Retardation Board) Simultaneously serves on the Governor’s Nuclear Advisory Council, the Southeast Interstate Low Level Radioactive Waste Management Compact Advisory Committee, and the Nuclear Waste Consultation Committee.

Requested by: Bob Bartles, Executive Director, Richland/Lexington Mental Retardation Board

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September 7, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Chesterfield County Board of Education simultaneously serves on the Board of Directors of the Chesterfield County Rural Water Co., Inc.

Requested by: Mr. James N. Sweeney

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August 30, 1993

Opinion concerning whether a dual office holding situation exists if a candidate for Spartanburg City Council was simultaneously employed as a Graphics Coordinator for the Spartanburg County Planning Department.

Requested by: Ms. Linda C. Dogan

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July 28, 1993

Opinion inquiring as to who may be appointed to the newly-created County Transportation Committee to be established for Edgefield County.

Requested by: The Honorable Charles H. Stone, Member of House of Representatives

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July 23, 1993

Opinion concerning whether a dual office holding situation exists if a member of  the Board of Trustees simultaneously serves the James Island Firemen’s and Inspection Fund and as a member of the Town of James Island Zoning Board of Adjustment.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Charleston County Legislative Delegation

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July 16, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Old Ninety Six Tourism Commission simultaneously serves on the Ware Shoals Town Council.

Requested by: The Honorable James S. Klauber, Member of House of Representatives

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June 21, 1993

Opinion questioning the interpretation of pending legislation which provides early retirement incentives as it might apply to a state Highway Patrolman’s nomination for  U.S. Marshal, particularly if the appointment becomes effective prior to August 1, 1993.

Requested by: Major Israel Brooks, Jr., State Highway Patrol

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June 21, 1993

Opinion concerning whether a dual office holding situation or conflict of interest would exist if a deputy county auditor simultaneously serves as town mayor.

Requested by: The Honorable DeWitt Williams, Member, House of Representatives

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June 11, 1993

Opinion concerning whether a dual office situation exists if the assistant solicitor simultaneously serves as an appointed city attorney.

Requested by: The Honorable William J. Sebnick, Mayor, City of Lake City

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May 21, 1993

Opinion concerning whether service on the Anderson County Board of Education would constitute the holding of an office in the context of dual office holding under the South Carolina Constitution.

Requested by: Mr. Gene Beckman, Boards and Commissions

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May 4, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Highway Commission simultaneously serves on the Board of Commissioners of the Greenville Memorial Auditorium District of Greenville County.

Requested by: Clifford L. Gray, Executive Director, Greenville Memorial Auditorium

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April 14, 1993

Opinion asking whether an employer is required to give a reservist time for weekend drill when that employee is scheduled to work on that weekend.

Requested by: The Honorable James Lee Foster, Sheriff, Newberry County

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April 12, 1993

Opinion concerning whether a dual office holding situation exists if persons serving on various professional licensing boards simultaneously serve in other capacities.

Requested by: George L. Schroeder, Director, Legislative Audit Council

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March 10, 1993

Opinion concerning whether a dual office holding situation exists if the Public Works Director for the City of Florence simultaneously serves on the South Carolina Wildlife and Marine Resources Commission.

Requested by: Jan Pate, Administrative Assistant to the City Manager, City of Florence

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March 3, 1993

Opinion concerning whether a dual office holding situation exists if the Clerk of Court of Clarendon County simultaneously serves as a member of the Forestry Commission Board in Clarendon County.

Requested by: The Honorable Doug H. McFaddin, Clerk of Court of Clarendon County

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February 8, 1993

Opinion concerning whether a dual office holding situation exists if the Director of Business Management with the North Charleston Sewer District simultaneously serves on the Town Council of the newly-incorporated Town of James Island.

Requested by: Jimmy L. Green, Director of Business Management, North Charleston Sewer District

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January 22, 1993

Opinion concerning whether a dual office holding situation exists if a member of  the Midlands Technical College Board simultaneously serves as county treasurer.

Requested by: The Honorable John R. Russell, Senator, District No. 12

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December 29, 1992

Opinion concerning whether a dual office holding situation exists if the Director of the Sentencing Guidelines Commission simultaneously serves as a prosecutor of animal abuse cases.

Requested by: Mr. Duffie Stone, Director, Sentencing Guidelines Commission

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November 17, 1992

Opinion concerning whether a dual office holding situation exists if the Allendale Attorney simultaneously serves as Municipal Judge for the Town.

Requested by: The Honorable William Holmes, Mayor, Town of Allendale

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October 13, 1992

Opinion concerning whether a dual office holding situation exists if the Town Administrator simultaneously serves as a Deputy Coroner for Georgetown County.

Requested by: John D. Smith, Administrator, Town of Andrews

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September 11, 1992

Opinion addressing several questions regarding the authority of a bailiff.

Requested by: Michael M. Hatfield, Chief Deputy, Office of Sheriff, Beaufort County

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September 11, 1992

Opinion concerning whether a dual office holding situation exists if a trustee of the Oconee County School Board simultaneously serves as the county veteran’s affairs officer.

Requested by: James M. Brown, Superintendent of Education, School District of Oconee County

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September 8, 1992

Opinion concerning whether a dual office holding situation exists if a police officer simultaneously serves as a member of the York School District No.1 board of trustees.

Requested by: C.D. Morton, Chief, York Police Department

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September 4, 1992

Opinion concerning whether a dual office holding situation exists if a member of the House of Representatives simultaneously serves as director of the Clarendon County Public Service Commission.

Requested by: The Honorable E. B. McLeod, Jr., Member, House of Representatives

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August 24, 1992

Opinion concerning whether a dual office holding situation exists if an individual employed by the City of Florence Housing Authority simultaneously serves on the City of Florence Planning Commission.

Requested by: Patricia Singleton-Parr, City Attorney, City of Florence

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August 14, 1992

Opinion stating that the City of Newberry wishes to create the Newberry Opera House Foundation and the enabling legislation requires either the Mayor or a member of City Council plus the City Manager to be included in the membership of the Foundation’s Board of Directors; and asking whether the membership provision would contravene the dual office holding prohibition.

Requested by: The Honorable T. Edward Kyzer, Mayor, City of Newberry

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August 5, 1992

Opinion concerning whether a dual office holding situation exists if the Municipal Clerk simultaneously serves as the City Recorder for the City of Pamplico.

Requested by: Thomas E. Smith, Jr., Esquire

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July 31, 1992

Opinion concerning whether a dual office holding situation exists if a probation and parole agent simultaneously serves on the Clarendon County District Two school board.

Requested by: Carl N. Lundberg, Chief Legal Counsel, Department of Probation, Parole, and Pardon Services

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July 1, 1992

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina Coastal Council simultaneously serves as Executive Director of the State Election Commission.

Requested by: C.C. Harness, III, General Counsel, South Carolina Coastal Council

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June 16, 1992

Opinion concerning whether a dual office holding situation exists if individuals serving on the Recycling Market Development Council simultaneously hold an office.

Requested by: Kay D. Clamp, Manager of Public Affairs, South Carolina State Development Board

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June 12, 1992

Opinion concerning whether a dual office holding situation exists if the President of Horry-Georgetown Technical College simultaneously serves in the House of Representatives.

Requested by: D. Kent Sharples, President, Horry-Georgetown Technical College

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June 11, 1992

Opinion concerning whether a dual office holding situation exists if a deputy sheriff simultaneously serves as a member of the North Spartanburg Fire District Commission.

Requested by: The Honorable Carole C. Wells, Chairman, Spartanburg County Legislative Delegation

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June 11, 1992

Opinion concerning whether a dual office holding situation exists if certain members of the House of Representatives are simultaneously employed by the Darlington County Board of Education and by the Florence-Darlington Technical Education College respectively.

Requested by: The Honorable Robert G. Clawson

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May 6, 1992

Opinion concerning (1) whether a dual office holding situation exists if a member (and chairman) of the Dorchester County Election Commission simultaneously serves as a member of the State Council on Vocational and Technical Education (2) whether a dual office holding situation exists if a member of the Dorchester County Election Commission simultaneously serves as chairman or a member of the Dorchester County Commission on Alcohol and Drug Abuse (3) whether a dual office holding situation exists if a member of the Dorchester County Voter Registration Board simultaneously serves on the Berkely-Charleston-Dorchester Council of Governments and the Dorchester County Economic Development Board.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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April 17, 1992

Opinion concerning whether a dual office holding situation exists if a city or county fireman simultaneously serves as county coroner.

Requested by: Mr. Debo Jacks

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March 27, 1992

Opinion concerning whether a dual office holding situation exists if a member of the governing body of the South Carolina Reinsurance Facility simultaneously serves on the Spartanburg County Commission for Higher Education.

Requested by: Marion L. McMillan, Jr., First Vice President, Smith Barney Harris Upham & Co., Inc.

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February 25, 1992

Opinion concerning whether a dual office holding situation exists if the Fire Chief or Fire Marshal of the Clarendon County Fire District simultaneously serves as mayor of an incorporated town in which he has no responsibility.

Requested by: Carter H. Jones, Chief of Department, Clarendon County Fire District

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January 31, 1992

Opinion concerning whether a dual office holding situation exists if a sergeant with Wackenhut Services at the Savannah River nuclear facilities simultaneously serves as a commissioned law enforcement officer for the town.

Requested by: Robin D. Rucker, Chief, Wagener Police Department

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January 9, 1992

Opinion concerning whether a dual office holding situation exists if a member of the Edgefield County Water and Sewer Authority simultaneously serves on the Edgefield County Hospital Board.

Requested by: T. C. McCain, Edgefield County Administrator

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December 3, 1991

Opinion concerning whether a dual office holding situation exists if a member of the City of Charleston Recreation Commission simultaneously serves on the Charleston County Mental Health Board.

Requested by: The Honorable Angelo Anastopoulo

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November 4, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Board of Directors of the Lower Savannah Council of Governments simultaneously serves on the Denmark Technical College Board.

Requested by: Mr. Charles Riley, Board of Directors, Lower Savannah Council of Governments

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November 1, 1991

Opinion concerning whether a dual office holding situation exists if a school board member simultaneously serves as a soil and water conservation commissioner.

Requested by: The Honorable Kim Burch, Member of House of Representatives

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October 23, 1991

Opinion concerning whether a dual office holding situation exists if the Barnwell County Hospital Administrator simultaneously serves as the Barnwell County Coroner.

Requested by: Thomas M. Boulware, Esquire, Attorney for Barnwell County Hospital

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September 9, 1991

Opinion concerning whether a dual office holding situation exists if a municipal judge simultaneously serves as county attorney.

Requested by: The Honorable G. Thomas Ferguson, Chief Magistrate for Abbeville County

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August 12, 1991

Opinion concerning whether a dual office holding situation exists if a private security guard simultaneously serves as a reserve police officer.

Requested by: Henry Ray Wengrow, Esquire, General Counsel and Finance Director, South Carolina Criminal Justice Academy

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August 9, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Board of the Dillon County Department of Social Services simultaneously serves on the Dillon County Development Board.

Requested by: The Honorable Richard C. Taylor, Member of Dillon County Board of Social Services

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August 9, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Greenville Hospital System Board simultaneously serves as the Greenville County Superintendent of Schools.

Requested by: Joseph J. Blake, Jr., Attorney for Greenville Hospital System

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August 6, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Live Oaks Hospital Board of Commissioners simultaneously serves on the Jasper County Planning Commission Appeals Board, the Allendale-Hampton-Jasper Commission on Alcohol and Drug Abuse, the Jasper County Election Commission, or the Jasper County Development Board.

Requested by: Ms. Gladys N. Jones, Clerk to Council, Jasper County

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July 24, 1991

Opinion concerning whether a dual office holding situation exists if a member of city council Simultaneously served on the Lee County Tax Appeals Committee.

Requested by: Barry N. Hickman, County Administrator, Lee County

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July 16, 1991

Opinion concerning whether a dual office holding situation exists if  a member of a county school board simultaneously serves as a Town Attorney.

Requested by: The Honorable Paul M. Burch, Member, House of Representatives

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July 8, 1991

Opinion concerning whether a dual office holding situation exists if a Commissioner of Goose Creek Parks and Playground Commission simultaneously serves as a Berkeley County Magistrate.

Requested by: Gary M. Stuber, Executive Director, The Goose Creek Parks & Playground Commission

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June 19, 1991

Opinion concerning whether a dual office holding situation exists if a school district trustee simultaneously serves on a county election commission.

Requested by: The Honorable John W. Matthews, Jr., Senator, District No. 39

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April 5, 1991

Opinion concerning whether a dual office holding situation exists if a magistrate simultaneously serves as a member of the Board of the Greenville Hospital System.

Requested by: Judith S. Burk, Esquire, Greenville County Attorney

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March 22, 1991

Opinion concerning whether a sitting member of a city council who might be elected to the House of Representatives might transfer his retirement, medical, and dental insurance and whether, before being sworn in the General Assembly in January 1992, the individual may vote.

Requested by: The Honorable Theo W. Mitchell, Senator, District No. 7

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February 8, 1991

Opinion concerning a federal law which prevented members from municipal election commissions also serving as poll managers and citing the inconvenience that law caused in Aiken County.

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

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January 29, 1991

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina Board of Financial Institutions simultaneously serves on the Lugoff Water District Board of Directors.

Requested by: Derial L. Ogburn

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January 25, 1991

Opinion concerning whether a dual office holding situation or conflict of interest exists if an individual serves as the attorney for the Town of Lane while his nephew and associate simultaneously serves as municipal judge for the Town of Lane.

Requested by: J.D. O’Bryan, Jr., Esquire

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January 18, 1991

Opinion concerning whether a dual office holding situation exists if a county council member simultaneously serves as a congressional gubernatorial appointee from the Third Congressional District to the Residential Home Builders Commission.

Requested by: The Honorable Thomas L. Moore, Senator, District 25

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January 11, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Francis Marion Foundation simultaneously serves on the Francis Marion Board of Trustees or if a State Senator simultaneously serves as chairman of a college or university board of trustees.

Requested by: The Honorable Hugh K. Leatherman, Sr., Senator, District No. 31

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January 8, 1991

Opinion concerning whether a dual office holding situation exists if a member of Charleston City Council simultaneously sits on the (zoning) Board of Adjustment.

Requested by: The Honorable John C. Rama, Member, House of Representatives

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January 7, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Board of Social Services simultaneously serves as a Commissioner of the St. Andrew’s Public Service Commission.

Requested by: Gaines W. Smith, Esquire

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January 7, 1991

Opinion concerning whether a dual office holding situation exists if the Edgefield County Attorney simultaneously serves as the county’s Public Defender.

Requested by: Mr. T. C. McCain, Edgefield County Administrator

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December 17, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Soil and Water Conservation Commission simultaneously serves as a member of the Loris Community Hospital Board.

Requested by: The Honorable Dick Elliot, Vice Chairman, Horry County Legislative Delegation

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December 13, 1990

Opinion providing a review of a November 21, 1990 opinion regarding dual office holding, the position as Director of the Berkeley County Water and Sewer Authority should be considered employment rather than an office.

Requested by: J. Marc Hehn

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December 11, 1990

Opinion asking whether a dual office holding situation exists if a member of town council simultaneously serves as an appointed member of a county board.

Requested by: Edgar Dyer, Esquire, Briarcliffe Acres Town Attorney

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December 11, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Public Service Commission simultaneously holds other public positions.

Requested by: The Honorable Cartha D. DeLoach, Chairman, Public Service Commission Merit Selection Panel

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December 11, 1990

Opinion concerning whether a dual office holding situation exists if a state constable simultaneously serves as coroner.

Requested by: Mr. Wade Arnette, Coroner-Elect, Berkeley County

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November 21, 1990

Opinion concerning whether a dual office holding situation exists if the Director of the Berkeley County Water and Sewer Authority simultaneously served on a state board.

Requested by: J. Marc Hehn

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October 19, 1990

Opinion on dual office holding (member of the Williamsburg County School Board may also serve as an Assistant Solicitor).

Requested by The Honorable Burley Joe, Chairman, School District of Williamsburg County.

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October 19, 1990

Opinion on dual office holding (serve as a magistrate’s constable and as a part-time chief of police).

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

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October 19, 1990

Opinion on dual office holding (serve on the Saluda County Water Sewer Authority and on the Ridge Spring-Monetta Advisory Council).

Requested by The Honorable Larry E. Gentry, Member, South Carolina House of Representatives.

Read full opinion.

October 12, 1990

Opinion on dual office holding (serve on the Sea Pines Public Service District Commission and as a member of the Beaufort County Aviation Board).

Requested by The Honorable James M. Waddell, Jr., Member, South Carolina Senate.

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October 1, 1990

Opinion on dual office holding (serve on Lexington and Richland Counties Board of Commissioners of Midlands Technical College and as a Commissioner to the Richland County School District One).

Requested by The Honorable Jasper Salmond, Wilbur Smith Associates.

Read full opinion.

September 24, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Commission of Public Works of the Town of McCormick simultaneously serves as a maintenance supervisor with the South Carolina Department of Corrections.

Requested by: O. Lee Sturkey, Esquire, McCormick Town Attorney

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September 13, 1990

Opinion concerning whether a dual office holding situation exists if a member of the North Charleston Public Service District governing board simultaneously serves as a member of the House of Representatives.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Charleston County Joint Legislative Delegation

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September 12, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Public Service Commission simultaneously serves on the Florence County Election Commission and the Agency Head Salary Commission.

Requested by: The Honorable Lee Blackburn

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September 6, 1990

Opinion regarding the necessity of DHEC Drug Control Bureau Inspectors and special agents holding State Constable commissions and whether these individuals are subject to the training and certification requirements of Sections 23-23-10 et seq. of the Code, as well as the training policies and requirements established by SLED for State Constables.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Department of Health and Environmental Control

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August 29, 1990

Opinion concerning whether a dual office holding situation exists if a hearing officer for the South Carolina Department of Corrections simultaneously serves on a constituent school board of Charleston County.

Requested by: The Honorable McKinley Washington, Jr., Member, House of Representatives

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August 8, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Sumter School District No. 17 Board of Trustees may simultaneously serves as a county administrator.

Requested by: Bruce E. Davis, Esquire

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August 6, 1990

Opinion concerning whether a dual office holding situation exists if a member of a city council should simultaneously serves on the Board of the Area Commission of the Technical College of the Low Country.

Requested by: The Honorable Juanita M. White, Member, House of Representatives

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June 28, 1990

Opinion concerning whether a conflict of interest or dual office holding situation exists if an assistant volunteer fire chief for a rural fire station simultaneously serves as director for the Marlboro County 911 Emergency System.

Requested by: The Honorable Claude Driggers, Marlboro County Supervisor

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May 18, 1990

Opinion addressing several questions concerning the North Greenville Fire District.

Requested by: The Honorable Dill Blackwell, Member, House of Representatives

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May 2, 1990

Opinion regarding whether it would be a violation of the State Ethics Act, Sections 8-13-10 et seq. of the 1976 Code of Laws, for a state representative to serve as Executive Director for the South Carolina Petroleum Marketers Association.

Requested by: The Honorable Patrick B. Harris, Member, House of Representatives

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April 5, 1990

Opinion concerning whether a dual office holding situation exists if a member of the City of Florence Planning Commission simultaneously serves on the Florence Economic Development Commission.

Requested by: Mr. John N. Hardee

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March 19, 1990

Opinion concerning whether a dual office holding situation exists if a member of county council simultaneously serves as a railroad track inspector for the South Carolina Public Service Commission.

Requested by: Mr. Gordon W. Eckley

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March 16, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Darlington Housing Authority simultaneously serves as a member of the Darlington County Ambulance Commission.

Requested by: Robert L. Kilgo, Jr., Esquire

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February 21, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Anderson County Courthouse Building Authority simultaneously serves on the Highway commission.

Requested by: V. Laniel Chapman, Esquire

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February 15, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Planning Board simultaneously serves on the St. Andrews Parks and Playgrounds Commission.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Charleston County Legislative Delegation

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February 12, 1990

Opinion concerning whether a sheriff is responsible for operation of a county detention center even though the county council relieved the sheriff’s department of the responsibility for the operation. This opinion also addresses whether the positions of chief jailer and municipal judge constitute offices for dual office holding purposes.

Requested by: The Honorable Joey Zorn, Sheriff, Barnwell County

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February 6, 1990

Opinion concerning whether a dual office holding situation exists if a probation and parole agent for the South Carolina Department of Probation, Parole, and Pardon Services simultaneously serves on the Abbeville County Emergency Medical Services Commission.

Requested by: Michael J. Cavanaugh, Executive Director, South Carolina Department of Probation, Parole, and Pardon Services

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January 18, 1990

Opinion concerning whether a dual office holding situation exists if the Director of the Division of Research and Statistical Services of the State Budget and Control Board simultaneously serves as a trustee of a state college.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistical Services of the State Budget and Control Board

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January 10, 1990

Opinion concerning two questions pertaining to compensation of members of county boards of social services.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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November 20, 1989

Opinion concerning whether the Marion County Attorney would be considered an officer for dual office holding purposes.

Requested by: James E. Brogdon, Jr., Esquire, Marion County Attorney

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September 25, 1989

Opinion regarding whether three individuals may be holding two offices simultaneously, in violation of the dual office holding prohibitions of the State Constitution.

Requested by: John M. Smith, Esquire, Barnwell County Attorney

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September 21, 1989

Opinion concerning whether a dual office holding situation exists if the mayor of a town simultaneously serves on the South Carolina Water Resources Commission representing the agricultural interest.

Requested by: The Honorable Lynn H. Youmans, Jr., Mayor, Town of Furman

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September 7, 1989

Opinion concerning whether a dual office holding situation exists if one serving on the Aiken County Board of Social Services simultaneously serves on Aiken City Council.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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July 27, 1989

Opinion concerning whether a dual office situation exists if a member of the Hampton County Industrial Development Commission simultaneously serves as a trustee of the Medical University of South Carolina.

Requested by: Ms. Virginia L. Sinclair, Hampton County Administrator

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July 13, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Agency Head Salary Commission simultaneously serves on the Florence County Election Commission.

Requested by: The Honorable Lee Blackburn

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May 16, 1989

Opinion concerning whether a dual office holding situation exists if a Probation and Parole Agent III, presently assigned as a Public Service Employment Coordinator, simultaneously serves on city council.

Requested by: Michael J. Cavanaugh, Executive Director, South Carolina Department of Probation, Parole, and Pardon Service

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May 15, 1989

Opinion concerning whether a dual office situation exists if a member of the Work Support Advisory Council (a Department of Social Services council) simultaneously serves on a county council.

Requested by: The Honorable Ryan C. Shealy, Senator, District No. 24

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May 15, 1989

Opinion concerning whether a dual office holding situation exists if a member of Calhoun County Council simultaneously served as executive director of the Calhoun County Development Board.

Requested by: Mr. David Buyck, Calhoun County Development Board

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May 9, 1989

Opinion concerning whether a dual office holding situation exists if the Aiken County Veterans Affairs Officer simultaneously serves on the Indigent Care Advisory Board.

Requested by: The Honorable Irene K. Rudnick, Member, House of Representatives

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May 2, 1989

Opinion concerning whether a reserve officer with a sheriff’s department could also hold a state constable commission.

Requested by: The Honorable W. Richard Lee, Senator District No. 11

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April 10, 1989

Opinion concerning whether a dual office holding situation would exist if a member of the Chester County Mental Retardation Board simultaneously served on the Olde English Tourism District Commission.

Requested by: Ms. Tamra N. West, Chester County Mental Retardation Board

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March 16, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Lee County School Board simultaneously serves on a county board of social services.

Requested by: Mr. Barry N. Hickman, Lee County Administrator

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March 6, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Constituent School Board simultaneously serves on the Charleston County Substance Abuse Commission.

Requested by: The Honorable D. N. Holt, Jr., Member, House of Representatives

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March 2, 1989

Opinion concerning whether a dual office holding situation exists if a member of a county board of social services simultaneously serves on a district school board of trustees.

Requested by: The Honorable Robert O. Kay, Member, House of Representatives

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February 1, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Grand Strand Water and Sewer Authority’s Board of Directors simultaneously serves as a commissioned officer with the State Wildlife and Marine Resources Department.

Requested by: The Honorable Liston D. Barfield, Member, House of Representatives

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January 23, 1989

Opinion concerning whether a dual office holding situation exists if a member of a county planning commission simultaneously serves as a member of the state’s Procurement Review Panel.

Requested by: The Honorable Joyce C. Hearn, Member, House of Representatives

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November 17, 1988

Opinion regarding who should be the appropriate appointee to serve on the South Carolina Board of Health and Environmental Control: the incumbent who has recently taken his oath as a Representative, or the Governor’s interim appointee.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Board of Health and Environmental Control; Jacquelyn S. Dickman, Assistant General Counsel, South Carolina Board of Health and Environmental Control

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November 10, 1988

Opinion concerning whether a dual office holding situation exists if the Richland County Attorney simultaneously assumes additional duties of the vacated Richland County Administrator.

Requested by: C. Dennis Aughtry, Esquire, Richland County Attorney

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October 18, 1988

Opinion regarding whether the appointment of the Lexington Town Administrator as the Municipal Judge would be in violation of the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Elias S. Mack, Jr., Mayor, Town of Lexington

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October 18 1988

Opinion regarding whether, as a member of the Camden county Council, one may continue to serve on the Kershaw County Industrial Development Board without running afoul of the dual office holding prohibitions of this State’s Constitution.

Requested by: The Honorable William B. Gaither, Member, Camden County Council

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October 18, 1988

Opinion concerning whether an individual who would serve on the governing board of the Children’s Trust Fund of South Carolina would hold an office for dual office holding purposes.

Requested by: Ms. Harriet J. Ferguson, Executive Director, Children’s Trust Fund of South Carolina

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August 1, 1988

Opinion concerning whether it is a conflict of interest or illegal for a state constructional officer to also serve on a board of directors of an electric cooperative.

Requested by: The Honorable Fred L. Day, Member, House of Representatives

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July 13, 1988

Opinion concerning whether Sections 65-2371 through 65-2375 of the 1962 Code of Laws are still law and applicable to the tax collector in Edgefield County.

Requested by: The Honorable John W. Pettigrew, Jr., Member, House of Representatives

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June 6, 1988

Opinion concerning whether one serving on the Soil Classifiers Advisory Council would hold an office for dual office holding purposes.

Requested by: Cary D. Chamblee, Deputy Director, Land Resources Conservation Commission

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April 18, 1988

Opinion concerning whether a dual office holding situation exists if the Executive Deputy Commissioner of the South Carolina Department of Mental health simultaneously serves as a member of the Lexington-Richland Alcohol and Drug Abuse Commission.

Requested by: Kennerly M. McLendon, Esquire, General Counsel, South Carolina Department of Mental Health

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March 16, 1988

Opinion concerning whether an office should be opened for refiling if a candidate withdraws to accept a full-time position, such as the ABC Commission.

Requested by: The Honorable Joe Wilson, Member, South Carolina Senate

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March 10, 1988

Opinion concerning whether a dual office holding situation exists if a member of the Board of Directors of the Columbia Housing Authority simultaneously serves as Executive Director of the Children’s Foster Care Review Board System.

Requested by: Cornelia D. Gibbons, Executive Director, Children’s Foster Care Review Board System

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February 5, 1988

Opinion concerning whether a dual office holding situation exists if a jailer simultaneously serves as a Reserve Deputy or a SLED Constable.

Requested by: The Honorable Michael R. Carter, Sheriff of Georgetown

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December 14, 1987

Opinion concerning whether several positions to which individuals are appointed by the Governor would be considered offices for dual office holding purposes.

Requested by: Ms. Jo Kramer, Sumter County Legislative Delegation

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December 10, 1987

Opinion concerning whether an individual who is not a citizen of the United States can serve as a police officer in South Carolina.

Requested by: John A. O’Leary, Executive Director, South Carolina Criminal Justice Academy

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November 18, 1987

Opinion concerning whether the simultaneous serving on the Old Exchange Building Commission and membership on the governing body of the Parker Sewer and Fire District would contravene the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable H. Howell Clyborne, Jr., Member, House of Representatives

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November 6, 1987

Opinion concerning whether a dual office holding situation exists if the Mayor for the City of Mauldin simultaneously serves as the commissioner of the South Carolina Alcoholic Beverage Control Commission.

Requested by: The Honorable A. Wayne Crick, Mayor, City of Mauldin

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October 16, 1987

Opinion concerning whether an individual may serve simultaneously as a member of the City of Florence Housing Authority and as the South Carolina Aeronautics Commission without contravening the dual office holding prohibitions of the State Constitution.

Requested by: Timothy E. Meacham, Esquire, City of Florence Attorney

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October 7, 1987

Opinion concerning whether the restructuring of the Laurens County Council long range planning commission changes a September 4, 1987 opinion, concluding that a member of the long-range planning commission would not be considered an office-holder.

Requested by: The Honorable James W. Johnson, Jr., Member, House of Representatives

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September 14, 1987

Opinion concerning whether a dual office holding situation exists if a member of the Beaufort County Election Commission simultaneously serves on the steering committee for fiscal autonomy for the Beaufort County schools.

Requested by: Mr. C. Somers Miller

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September 10, 1987

Opinion concerning whether a dual office situation exists if a police officer with a commission from the City of Greenville simultaneously holds a State constable’s commission as a reserve officer.

Requested by: Captain E. H. Watson, Support/Services Commander, City of Greenville Police Department

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September 8, 1987

Opinion concerning whether a dual office holding situation exists if a member of Horry County Council simultaneously serves on the board of directors of the Horry County Council on Aging, Inc.

Requested by: Mr. Gary R. Baker, Executive Director, State Ethics Commission

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September 4, 1987

Opinion concerning whether a dual office holding situation exists if a school board trustee simultaneously accepts a county or state level appointment to another board with the Laurens County Long-Range Planning Committee, and the South Carolina Migratory Waterfowl Committee.

Requested by: The Honorable James W. Johnson, Jr., Member, House of Representatives

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July 23, 1987

Opinion asking whether one person may serve simultaneously as a part-time municipal judge and also as a part-time federal magistrate without contravening the dual office holding prohibitions of the State Constitution.

Requested by: Timothy E. Meacham , Esquire, Staff Attorney, City of Florence, Drawer AA, City-County Complex

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June 19, 1987

Opinion as to whether one may serve simultaneously on the Horry County Board of Voter and Registration and also a member of the Committee on Tourism and Trade without violating the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Benjamin E. Thrailkill, Jr., Member, House of Representatives

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June 19, 1987

Opinion as to any possible dual office holding or conflict of interest which might result of one individual should be employed as the chief staff attorney in the Florence Child Support office of the Department of Social Services while also serving as a part-time magistrate.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina

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June 3, 1987

Opinion relating to the arrest authority of personnel at the Richland County Detention Center.

Requested by: The Honorable Isadore E. Lourie, Member, House of Representatives

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June 1, 1987

Opinion asking as to whether an individual presently serving on the Agriculture Commission may also simultaneously serve on a regional housing authority.

Requested by: The Honorable Charles L. Powell, Senator, District No. 4

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June 1, 1987

Opinion asking whether it would be consistent with state law for you to serve on the Election Law Study Committee while you also serve on the Richland County Board of Assessment Appeals.

Requested by: Mr. William B. DePass, Jr.

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June 1, 1987

Opinion asking may the same person simultaneously hold the position of County Attorney for Abbeville County and act as Public Defender for the Defender Corporation of Greenwood-Abbeville Counties?

Requested by: The Honorable Marion P. Carnell, Member, House of Representations

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April 20, 1987

Opinion on dual office holding (county coroner and hold the position of director of Emergency Medical Services).

Requested by Patrick L. Davis, Esquire, Attorney for Lancaster County.

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April 7, 1987

Opinion on whether you might serve as a member of the State College Board of Trustees simultaneously with your employment by the Child Support Unit of the South Carolina Department of Social Services as a chief investigator.

Requested by: Ms. Hilda D. Gadsden

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March 31, 1987

Opinion inquiring as to the possibility of a conflict of interest or dual office holding if one were to serve on the Cherokee County Mental Retardation Board and as a mayor of a municipality or as a member of a county council.

Requested by: J. Arthur Bridges, Jr., NHA, Administrator, Habilitation Services

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March 23, 1987

Opinion as to whether one person may serve simultaneously as a magistrate and as a member of the board of trustees of South Carolina State College without violating the dual office prohibitions of the State Constitution.

Requested by: The Honorable John W. Matthews, Jr., Member, South Carolina Senate

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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