Posts Tagged ‘corporations, partnerships, and LLC’s’

April 24, 2017

Opinion on potential conflict on corporate formation, licensing of two professions, and state procurement and exemptions.

Requested by The Honorable Raye Felder, Member, South Carolina House of Representatives.

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March 2, 2017

Opinion on legality of Barnwell ordinance (whether Barnwell County can vacate by ordinance the Barnwell County Economic Development Corporation’s and Barnwell County Economic Development Commission’s duties and ownership of land and assets as negotiated with three municipalities).

Requested by Thomas M. Boulware, Attorney for City of Barnwell and Town of Williston.

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August 9, 2016

Opinion pertaining to the duration of limited partnerships contained in S.C. Code Section 33-42-75.

Requested by The Honorable Mark Hammond, South Carolina Secretary of State.

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May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

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May 3, 2016

Opinion regarding a contribution by the City of Orangeburg to South Carolina State University.

Requested by James F. Walsh, Jr., Esquire, City Attorney for Orangeburg.

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April 28, 2016

Opinion regarding whether commodity boards are exempt from the South Carolina Consolidated Procurement Code.

Requested by The Honorable Hugh E. Weathers, South Carolina Department of Agriculture.

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April 25, 2016

Opinion on whether or not the Legislative Audit Council has the authority to audit the Greenville Health System Office of Philanthropy.

Requested by Eric Douglass, General Counsel, Legislative Audit Committee.

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April 20, 2016

Opinion regarding whether motor vehicles may be sold by retail auction to members of the public.

Requested by John F. Laganelli, Acting Executive Director, South Carolina Department of Motor Vehicles.

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April 20, 2016

Opinion on S.687 (regulation of non-profit corporations).

Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.

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March 31, 2016

Opinion regarding whether the Buffalo Volunteer Fire Department is a special purpose district.

Requested by The Honorable Bryan Gardin, Chief, Buffalo Fire Department.

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March 24, 2016

Opinion regarding whether the board of trustees of the Veterans’ Trust Fund of South Carolina has any personal liability with regard to their service on the board.

Requested by R. Bernard Chapman, Jr., Veterans’ Trust Fund of South Carolina.

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March 18, 2016

Opinion regarding pending legislation titled the South Carolina Unclaimed Life Insurance Benefits Act.

Requested by The Honorable Robert W. Hayes, Jr., Senator, District No. 15, and The Honorable Ronnie W. Cromer, Senator, District No. 18.

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February 24, 2016

Follow-up opinion to the November 24, 2015 opinion regarding School Resource Officers.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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February 12, 2016

Opinion regarding whether Lexington County Health Services District may donate funds to the Good Samaritan Clinic when the funds are to be used solely to operate free clinics located in Lexington County and to provide for healthcare services at those clinics.

Requested by Tod Augsburger, Chief Executive Officer, Lexington Medical Center.

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February 11, 2016

Opinion regarding whether the Beaufort County Board of Education has the authority to discipline one of its own members for policy or conduct violations in executive session pursuant to Section 30-4-70(a)(1) (2007 & Supp. 2015) of the South Carolina Freedom of Information Act.

Requested by Drew H. Davis, Esq., General Counsel, Beaufort County Board of Education.

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February 10, 2016

Opinion regarding S.C. Code Ann. § 27-18-40, which is part of the Uniform Unclaimed Property Act, S.C. Code Ann. § 27-18-10 et seq. (1976 Code, as amended).

Requested by The Honorable Curtis M. Loftis, Jr., State Treasurer.

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February 5, 2016

Opinion regarding “investigations and arrests made by private security officers.”

Requested by The Honorable Steve Loftis, Sheriff, Greenville County.

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January 26, 2016

Opinion regarding books and records inspection for homeowners associations in South Carolina.

Requested by Senator Tom Davis.

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January 6, 2016

Opinion regarding whether certain maintenance renovations to the existing passenger facilities presently located and operating on the southern end of Union Pier Terminal in Charleston County would be exempt from permitting under the Coastal Zone Management Act, S.C. Code Ann. 48-39-10 et seq.

Requested by Philip L. Lawrence, Esq., General Counsel, South Carolina Ports Authority.

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December 30, 2015

Opinion regarding whether the Clarendon County Fire Protection Service Area would be subject to the millage rate cap imposed by S.C. Code Ann. 6-1-320 (Supp. 2014).

Requested by Patricia Pringle, Esq., Clarendon County Auditor.

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December 18, 2015

Opinion regarding legislation currently being considered by the General Assembly that would amend S.C. Code Ann. § 38-71-280 (2015).

Requested by Michael W. Gambrell, S.C. House of Representatives, Chairman, Insurance Subcommittee.

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December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

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December 10, 2015

Opinion regarding the validity of a certain provision of a business license ordinance in place in the City of Hardeeville.

Requested by Prina C. Maines, Esq., Hardeeville City Attorney.

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November 24, 2015

Opinion concerning use of Dorchester County property taxes for school resource officers (SROs), and regarding the authority of SROs.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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November 12, 2015

Opinion regarding whether being declared a disaster area affects the use of public funds and equipment on private property.

Requested by Paul M. Fata, Lee County Attorney.

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November 12, 2015

Opinion regarding the Savannah Lakes Village Special Tax District.

Requested by G.P. Callison, Jr., Esquire, McCormick County Attorney, Callison Dorn Law Firm, P.A.

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November 12, 2015

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

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

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October 21, 2015

Opinion regarding whether “online newspapers” that exist solely on the internet with no print circulation would be considered a newspaper of general circulation as the term is used within statutes and regulations imposing legal notice requirements for various purposes.

Requested by G. Lee Cole, Jr., Esquire, Williamston Town Attorney.

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October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

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

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October 13, 2015

Opinion regarding whether the Bamberg Board of Public Works may purchase, own and operate a golf course or a “country club” which would include a golf course, pool and meeting facilities, etc.

Requested by Will Martin, General Manager, Bamberg Board of Public Works.

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October 12, 2015

Opinion regarding whether people who own property adjacent to a state highway can place objects (such as cement blocks), flagging, or signs on the right of way.

Requested by Chief Sam W. White, City of Union Public Safety Department.

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September 29, 2015

Opinion regarding the statutory construction of S.C. Code Ann. 7-15-700, a provision of the South Carolina Uniform Military and Overseas Voters Act.

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

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September 28, 2015

Opinion regarding assessments under the County Public Works Improvement Act, S.C. Code Ann. 4-35-10 et seq. (1976 Code, as amended).

Requested by Cheryl Morgan, Lancaster County Auditor.

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September 28, 2015

Opinion on Act 432, can Greenville Health Systems transfer ownership of itself to a private entity without public or legislative approval.

Requested by the Greenville Legislative Delegation.

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September 28, 2015

Opinion on whether Greenville Health Systems can transfer assets to a foundation that has no accountability to the Greenville Legislative Delegation.

Requested by The Honorable Mike Fair, Member, South Carolina Senate.

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September 15, 2015

Opinion regarding if the Florence County’s borrowing of millions of dollars beyond the county’s Constitutional debt limit of $35 million dollars renders the Constitutional debt limit of a county a thing of the past.

Requested by The Honorable Dean Fowler, Office of Treasurer, Florence County

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September 8, 2015

Opinion regarding the proper interpretation of Section 9 of the Supplemental Appropriations Bill for 2015 (H 4230).

Requested by The Honorable Tom Davis, Senator, District 46.

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August 24, 2015

Opinion regarding whether Section 24-21-715 of the South Carolina Code allows “for medical parole of any inmate, including those sentenced for ‘no parole’ offenses.”

Requested by Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services.

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August 6, 2015

Opinion regarding the permissibility of Delphi Automotive conducting a one-day demonstration drive of an autonomous motor vehicle through South Carolina as part of a cross-country drive from California to New York.

Requested by Warren V. Ganjehsani, Esq., General Counsel, South Carolina Department of Public Safety.

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July 28, 2015

Opinion regarding the legal definition of “alternative structure” in section 63-11-1720(F)(1) of the South Carolina code.

Requested by The Honorable Mike Fair, Chairman, Senate Committee on Corrections & Penology.

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July 27, 2015

Opinion regarding the interpretation of Section 24-3-580 of the South Carolina Code.

Requested by Bryan P. Stirling, Director, South Carolina Department of Corrections.

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

Requested by The Honorable Molly M. Spearman, State Superintendent of Education, South Carolina Department of Education.

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July 6, 2015

Opinion regarding the legality of city council meetings alleged to be illegal pursuant to the South Carolina Freedom of Information Act.

Requested by The Honorable Joe Owens, Mayor of West Columbia.

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July 2, 2015

Opinion regarding the constitutionality of an “owner controlled wrap-up insurance program.”

Requested by David Chambers, Richland County Government, Office of Risk Management.

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July 1, 2015

Opinion on Kinder Morgan Pipeline Company’s proposed pipeline project regarding eminent domain issue.

Requested by the Aiken County Legislative Delegation.

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June 2, 2015

Opinion regarding the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.

Requested by The Honorable Larry A. Martin, Senator, District No. 2.

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June 2, 2015

Opinion regarding whether criminal defense attorneys are permitted to contact victims of crime directly on behalf of their defendant/clients during the pendency of a criminal matter despite [a court order prohibiting contact [by the Defendant].

Requested by Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman.

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May 29, 2015

Opinion regarding the interpretation of Section 63-11-1730 of the South Carolina Code, which discusses the applicability of the Administrative Procedures Act to First Steps’ Board of Trustees.

Requested by Susan DeVenny, Director, S.C. First Steps to School Readiness.

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May 20, 2015

Opinion regarding whether judgments from a Turkish court would be acceptable in South Carolina.

Requested by Mr. Murat Karkin.

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May 19, 2015

Opinion regarding what appears to be a conflict between the ability to campaign within the vicinity of a polling place on an election day and the authority of a homeowners’ association to regulate political campaign signage and solicitation within the given community.

Requested by Ms. Allison C. Coppage, Esq., Assistant Beaufort County Attorney.

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May 13, 2015

Opinion regarding the interpretation of section 56-5-5015(H)(1) of the South Carolina Code.

Requested by The Honorable Luke A. Rankin.

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May 13, 2015

Opinion regarding the regulation and licensure of commercial pesticide applicators utilizing the herbicide, glyphosate, a chemical commonly associated with the product Roundup.

Requested by The Honorable Larry Grooms, Senator, District No. 37; The Honorable Shane Massey, Senator, District No. 25; The Honorable Kevin Bryant, Senator, District No. 3; The Honorable Tom Corbin, Senator, District No. 5.

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April 9, 2015

Opinion regarding whether a special tax district commission appointed by County Council for a specific purpose is entitled to governmental immunity as an arm of the County, and whether individual commissioners have governmental immunity.

Requested by Mr. Joshua A. Gruber, Esq., County Attorney for Beaufort County.

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March 31, 2015

Opinion regarding “the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.”

Requested by The Honorable Larry A. Martin, Senator, District No. 2.

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March 16, 2015

Opinion regarding which state agencies will be responsible for regulating, licensing, inspecting, etc. automated transport networks in South Carolina.

Requested by Fred Payne, Chairman and President, Greenville County Economic Development Corporation.

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March 13, 2015

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

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

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March 11, 2015

Opinion regarding the right against self-incrimination – provided by both the Fifth Amendment to the United States Constitution and Article I, Section 12 of the South Carolina Constitution – in relation to a witness’ apparent prohibition from invoking this right on certain grounds in a supplementary proceeding.

Requested by The Honorable Joseph M. Strickland, Master in Equity for Richland County.

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March 9, 2015

Opinion regarding the effect of amended South Carolina Code Section 48-4-50 on the duties of the Department of Natural Resources Board.

Requested by Shannon Furr Bobertz, Esq., Office of Chief Counsel, South Carolina Department of Natural Resources.

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February 25, 2015

Opinion regarding whether a “walk through” of the “Old Simpsonville School Building” / “‘Arts Center” attended by two of the three members of the Council’s Recreation and Events Committee would be subject to the open meeting requirements of the Freedom of Information Act.

Requested by Phyllis Long, City Clerk, Simpsonville City Council.

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February 19, 2015

Opinion regarding Freedom of Information Act requests made by a constituent.

Requested by The Honorable Bill Herbkersman, Representative, District No. 118.

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February 18, 2015

Opinion regarding the financial crises of South Carolina State University.

Requested by The Honorable W. Brian White, Chairman, House Ways and Means Committee.

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February 12, 2015

Opinion regarding the boundaries of the Metropolitan Sewer Subdistrict.

Requested by James R. Freeland, Chairman, Board of Commissioners, Metropolitan Sewer Subdistrict.

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February 9, 2015

Opinion regarding the provisions of Section 43-33-20 as it relates to the rights of physically disabled persons to use public facilities and public spaces in South Carolina.

Requested by The Honorable Larry A. Martin, Chairman, Senate Judiciary Committee.

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December 29, 2014

Opinion request regarding the interpretation of the Iran Divestment Act of 2014.

Requested by W.D. Robertson, III, Office of General Counsel, South Carolina Budget and Control Board.

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December 22, 2014

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

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

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December 17, 2014

Opinion regarding preneed funeral contracts.

Requested by The Honorable Peter M. McCoy, Jr., Representative, District No. 115.

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December 4, 2014

Opinion regarding a Freedom of Information Act request that was received by the Fairfield County Detention Facility.

Requested by John E. James, III, County Attorney for Fairfield County.

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November 25, 2014

Opinion regarding the suitability of implementing a land-use regulation permitting the Anderson Soil and Water Conservation District and each watershed director of the watersheds within the Anderson Soil and Water Conservation District the authority to issue and enforce criminal trespass notices to protect against “malicious trespass, damage and pollution to the watersheds, structures, and easements thereof.”

Requested by Captain Leonardo Ortiz, Anderson Soil and Water Commissioner.

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November 17, 2014

Opinion regarding “unearned comp time and payment of salary not due” for certain staff members employed with the John de la Howe School.

Requested by Ms. Viola Robinson Faust, John de la Howe School, Director of Finance and Business Operations.

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November 6, 2014

Opinion regarding whether the South Carolina Coroners Association has authority pursuant to section 17-5-130 of the South Carolina Code to submit to the Governor a list of coroners who have not completed their required annual in-service training hours.

Requested by Lloyd B. Ward, Barnwell County Coroner.

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October 27, 2014

Opinion regarding the South Carolina Transportation Infrastructure Bank and its involvement in providing financial assistance to the I-526/Mark Clark Extension Project in Charleston County.

Requested by The Honorable Robert L. Brown, Representative, District No. 116.

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October 16, 2014

Opinion regarding taxation of aircraft housed at Aiken Regional Airport, but whose ownership is either an LLC or a corporation domiciled in another state.

Requested by The Honorable Charles T. Barton, Aiken County Auditor.

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September 23, 2014

Opinion regarding the ownership of the Georgetown County Rice Museum/Town Clock and its contents.

Requested by Wesley P. Bryant, Georgetown County Attorney.

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September 22, 2014

Opinion regarding a county’s authority to establish additional requirements for landowners seeking to have timberland classified and assessed as agricultural real property.

Requested by The Honorable Daniel B. Verdin, S.C. Senate, District 9.

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September 12, 2014

Opinion regarding whether the Fifth Circuit Solicitor’s Office may create a nonprofit eleemosynary corporation as a foundation to provide first aid kids to aid participants in the Veterans and treatment court programs.

Requested by The Honorable Dan Johnson, Fifth Circuit Solicitor.

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September 8, 2014

Opinion regarding the Equal Access to Interscholastic Activities Act, SC Code 59-63-100 (Supp. 2013), in the context of a home school student’s eligibility to continue to participate in an interscholastic activity at a certain school after moving to a residence that falls within the same school district but a different attendance boundary.

Requested by The Honorable Shane Martin.

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August 14, 2014

Opinion regarding the Comptroller General “has received a request from the South Carolina Retirement Systems Investment Commission (“RSIC”) to process payment pursuant to South Carolina Code Annotated Section 9-16-370, for reimbursement of legal fees incurred by an RSIC Commission member.

Requested by: Mr. William E. Gunn, Chief of Staff, Office of the Comptroller General

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August 5, 2014

Opinion regarding “Simpsonville has just implemented Standing Committees with three council members on each committee. Two friends that have always gone to lunch and on day trips together happen to be on a committee together. Since the two now present a quorum, does this mean they will no longer be able to socialize?”

Requested by: The Honorable Geneva Lawrence, Mayor pro tempore, Simpsonville City Hall

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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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