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2010 South Carolina Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagsc0025 and id is 1 raw text is: April 26. 2010 Harry W, Davis, Director Children's Law Center University of South Carolina 1600 Hampton Street, Suite 502 Columbia, South Carolina 29208 Dear Mr. Davis: You have requested an opiion of this office as to wheher a member of the Board of Trustees of the College of ChaIeston may also serve as a member of the Joint Citizens and Legislative Commlitte on Children without violating the dual office holding provisions of the State Constitution. Aricle XVII Section 1 A of the South Carolina Constitution provides that no person may hold two offices- of honor or profit at the same time < exceptons specified for an officexr ii the militia, a memb2r of a lawfully and regularly organize fire department a constable, or a notary public. For tis provision to be cntvened, a person cncurrentjy must hold two offices which have duties involving an exercise of some portion ofthe sov ereigm power ofthe State. Snders v Belue, 78 S.C. 171,. 58 S.E. 762 (1907). OWher relevant nsideration, are whether statutes, or other such authority, establish the position, prescribe it duties or sahy, or require qualifications or an oahfl for T e position. State v. Crenshaw. 274 S.C, 475. 266 S.E.24 61 (1980). Prior opinions of this oftie dated October 13, 2006, October 8, 2003, and August 12, 2003 have concluded hat a position on a State college or university board ofustees would constute office for dual o.flice holding purposes. As to the Joint Citizens and Legslative Committee on Childrn, SC. Code Ann, §63- 1-50 provides for te establishment of such Committee. Pursuant to such provjsdon, the Committee -shall study issucs rclating to children as the commitee may undertake or as may be requested or directe by the Genera Assembly. The committee may contract for all ncessary legal research and suppor servics, subject to funding as provided in subsection (F)..The committee must submit an annual written report to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House no EMBERT C. DiA-.-sii BUIU'rNb POsi OFFICE RwX 11549 COl-arA, SC 292111549 a Tu -WONE a3-234-397O FacsI~iL SO3225342X3

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