Do members of a South Carolina county library board of trustees have to take the constitutional oath of office?

Plain-English summary

Senator Matt Leber asked whether members of the Charleston County Library Board of Trustees have to take the South Carolina constitutional oath of office. The Attorney General said yes.

The reasoning runs through a familiar SC test for distinguishing a public officer from a mere employee. Library trustees exercise a portion of the sovereign power: their authority is created by state statute (S.C. Code § 4-9-35), their duties are continuing rather than occasional, and their decisions about real property, contracts, hiring a chief librarian, adopting library regulations, and submitting annual budgets are made for the public benefit. Charleston County Council implemented the state framework in Charleston County Code §§ 12-1, 12-21, 12-24, and 12-25, so the local board's authority traces directly back to the state.

Because the trustees are state officers within the meaning of Article VI, Section 4 of the South Carolina Constitution, Section 5 makes the oath mandatory. The opinion ties the conclusion to a long line of prior AG opinions reaching the same answer for Beaufort, Georgetown, Spartanburg, Marlboro, Charleston (1995), Allendale, and Greenville county library boards.

What this means for you

If you are a newly appointed county library board trustee

Take the oath before you start acting on board business. The Article VI, Section 5 oath says: "I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God."

In practice, your county clerk of court or a notary can administer it. The county attorney's office usually coordinates this. Failure to take the oath has historically been cited as grounds to challenge an officer's acts; do not assume informal acceptance is enough.

Also consider Article VI, Section 3. Because you now hold a public office for constitutional purposes, you may have a dual-office-holding problem if you simultaneously hold another office of honor or profit under state, federal, or local government. Check with the county attorney before accepting any second appointment.

If you sit on a county council overseeing a library board

Build the oath into your appointment process. Resolutions or letters of appointment are not a substitute. If your library board has been seating trustees without administering the oath, the AG's view that they are public officers means the omission is a real exposure point, not a formality.

When you create or restructure a county library board by ordinance, follow the S.C. Code § 4-9-35 framework. The AG read the Charleston County ordinances as substantively mirroring the statute and treated that fidelity as part of the basis for officer status. A board that the council restructures off-statute could face questions about whether its members are state officers and whether its acts are valid.

If you are a county attorney advising appointing authorities

This is the seventh AG opinion in this line (1980, 1981, 1995, 2002 twice, 2005, 2014, and now 2025). The conclusion is uniform across counties and across statute revisions. Treat it as the settled position.

The four Crenshaw criteria the AG applied are worth keeping handy when other "is this an officer?" questions come up: position created by the legislature, qualifications for appointment established, duties/tenure/salary/bond/oath prescribed, and whether the occupant is a representative of the sovereign. No single factor is conclusive, and the AG did not even require all factors to be met.

If you are a citizen serving on, or applying to, a local government board

If your seat was created by a state statute and you exercise authority that affects the public (zoning, library policy, water/sewer, planning), there is a strong chance you are a "public officer" for SC constitutional purposes. That triggers the oath requirement and the dual-office-holding rules. Ask the body's lawyer before you accept.

Common questions

Q: Is taking the oath optional if I am only serving a short term?
A: No. The constitutional oath applies to "all other officers of the State and its political subdivisions" without regard to term length. The AG did not carve out short terms.

Q: What if a trustee already started serving without taking the oath?
A: The AG opinion did not address validation of past acts, but the safer course is to administer the oath now and document it. Courts have historically taken oath defects seriously; treat the omission as something to fix promptly.

Q: Does the oath have to be administered by a judge?
A: The constitution does not require a judge. Any person authorized to administer oaths in South Carolina (clerks of court, notaries public, magistrates) can typically administer it. Check with your county clerk.

Q: Does this mean I am subject to the dual-office-holding rule?
A: Probably yes. Article VI, Section 3 prohibits a person from holding two offices of honor or profit at the same time. If you already hold another public office, talk to the county attorney before you accept.

Q: What about library boards created for a city or special purpose district, not a county?
A: The opinion specifically addresses county library boards created under § 4-9-35. Whether the same analysis applies to a different governance structure depends on whether the position meets the Sanders v. Belue and Crenshaw factors. Ask the relevant attorney before assuming.

Q: How is "public officer" different from "public employee"?
A: An officer is "charged by law with duties involving an exercise of some part of the sovereign power... in the performance of which the public is concerned, and which are continuing." An employee performs duties under direction without independent statutory authority. The AG applied the Crenshaw multi-factor test to draw the line.

Background and statutory framework

In 1978 the General Assembly required each county council to establish, by ordinance, a county public library system controlled and managed by a board of trustees. S.C. Code Ann. § 4-9-35 (2021). The statute set the terms of service, meeting requirements, and leadership roles. Section 4-9-36 lists the powers of the board over policies, and § 4-9-37(b) authorizes regulations needed for operation, maintenance, and security.

Charleston County implemented the framework in Code §§ 12-1 and 12-21, which created the library system and the board, and §§ 12-24 and 12-25, which mirror the statutory powers and duties: employing a chief librarian, engaging in real and personal property transactions for the library system, acquiring books and library materials, accepting donations, entering into contracts, submitting an annual budget to county council, and adopting library regulations.

Article VI, Section 4 of the South Carolina Constitution requires the Governor, Lieutenant Governor, and "all other officers of the State and its political subdivisions" to take and subscribe the oath prescribed in Section 5. The constitutional question is not whether the legislature labels the position an office, but whether it functions as one under the Sanders v. Belue and State v. Crenshaw tests.

Citations

• S.C. Const. art. VI, §§ 3, 4, 5
• S.C. Code Ann. § 4-9-35 (2021); § 4-9-36; § 4-9-37(b)
• Charleston County Code §§ 12-1, 12-21, 12-24, 12-25
• Sanders v. Belue, 78 S.C. 171, 174, 58 S.E. 762, 763 (1907) (definition of public officer)
• Segars-Andrews v. Judicial Merit Selection Comm'n, 387 S.C. 109, 124, 691 S.E.2d 453, 461 (2010) (sovereign power test)
• State v. Crenshaw, 274 S.C. 475, 478, 266 S.E.2d 61, 62 (1980) (multi-factor test for officer vs. employee)
• Prior AG opinions reaching the same result: 2014 WL 4382449 (Beaufort County); 2005 WL 1983354 (Georgetown County); 2002 WL 31958834 (Spartanburg County); 2002 WL 1340430 (Marlboro County); 1995 WL 805869 (Charleston County); 1981 WL 158144 (Allendale County); 1980 WL 120788 (Greenville County)

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-on-whether-members-of-the-charleston-county-library-board-of-trustees-are-required-to-take-an-oath-of-office-specifically-to-the-state-constitution/
• Original PDF: https://www.scag.gov/media/oc3oplop/leberm-os-10988-final-opinion-2-13-2025.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ALAN WILSON

ATTORNEY GENERAL

February 13, 2025

The Honorable Matt Leber
504 Gressette Bldg.
Columbia, SC 29201

Dear Senator Leber:

We received your letter requesting an opinion as to whether members of the Charleston County Library Board of Trustees are required to take an oath of office, specifically an oath to our Constitution. We conclude that the trustees hold public office and thus must take the Constitutionally required oath of office.

Law/Analysis

Article VI, Section 4 of the South Carolina Constitution provides that the Governor, Lieutenant Governor, and all other officers of the State and its political subdivisions "shall take and subscribe" the following oath of office, prescribed in Article VI, Section 5:

I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.

Most decisions evaluating whether a particular position constitutes a public office arise from questions about whether an individual can hold two positions concurrently without running afoul of the dual office holding prohibition contained in Article VI, Section 3 of the South Carolina Constitution. "One who is charged by law with duties involving an exercise of some part of the sovereign power, either small or great, in the performance of which the public is concerned, and which are continuing, and not occasional or intermittent, is a public officer." Sanders v. Belue, 78 S.C. 171, 174, 58 S.E. 762, 763 (1907). The power of a public office comes from the state, its authority is derived from the law, and its duties are exercised for the public's benefit. Segars-Andrews v. Judicial Merit Selection Comm'n, 387 S.C. 109, 124, 691 S.E.2d 453, 461 (2010). Our Supreme Court has determined criteria to be used in distinguishing between an officer and an employee include "whether the position was created by the legislature; whether the qualifications for appointment are established; whether the duties, tenure, salary, bond and oath are prescribed or required; whether the one occupying the position is a representative of the sovereign; among others." State v. Crenshaw, 274 S.C. 475, 478, 266 S.E.2d 61, 62 (1980). No single characteristic is conclusive, and it is not necessary that all criteria be met. Id.

In 1978, our Legislature required each county council to establish by ordinance a county public library system consistent with the statute and controlled and managed by a board of trustees. S.C. Code Ann. § 4-9-35 (2021). The statute provided for the terms of service for the trustees as well as requirements for meetings and leadership roles. Id. Each board of trustees was to be authorized to "exercise powers as to the policies" of the library system (§ 4-9-36) and to adopt regulations necessary to insure the effective operation, maintenance and security of library system property (§ 4-9-37(b)). Each board was to be empowered to engage in a wide range of activities to develop and operate its respective county library system. S.C. Code Ann. § 4-9-36 (outlining powers and duties of library boards of trustees); § 4-9-37 (providing additional duties of library boards of trustees).

In accordance with this direction, the Charleston County Council created the Charleston County Library system and the Charleston County Library Board of Trustees as the library system's controlling and managing body. Charleston County Code § 12-1 (creating library system); § 12-21 (creating board of trustees). The composition of the board, the terms of the trustees, rules regarding meetings and leadership roles established in Charleston County Code Section 12-21 all fall within the parameters provided by the Legislature in Section 4-9-35. Council delineated the powers and duties of the board which substantively mirror those outlined in the statute, including employing a chief librarian; engaging in real and personal property transactions for the library system; acquiring and making available books and library materials; accepting and using donations; commemorating donations; entering into contracts; receiving and using funds and resources from public and private sources; submitting an annual budget to county council; submitting an annual report, and adopting library regulations. Charleston County Code §§ 12-24, 12-25 (mirroring S.C. Code §§ 4-9-36, 4-9-37). These duties and powers are an exercise of a portion of the sovereign power derived from the state, established pursuant to state statute, and exercised for the public benefit. Thus, members of the Charleston County Board of Trustees are public officials.

This conclusion is consistent with repeated opinions of this office advising that members of county library boards of trustees established pursuant to Section 4-9-35 hold public office. Ops. S.C. Att'y Gen., 2014 WL 4382449 (August 22, 2014) (Beaufort County); 2005 WL 1983354 (July 8, 2005) (Georgetown County); 2002 WL 31958834 (December 10, 2002) (Spartanburg County); 2002 WL 1340430 (May 13, 2002) (Marlboro County); 1995 WL 805869 (November 28, 1995) (Charleston County); 1981 WL 158144 (February 11, 1981) (Allendale County); 1980 WL 120788 (July 24, 1980) (Greenville County). Because they are public officers, members of the Charleston County Library Board of Trustees are required to take the oath of office as directed in Article VI, section 4 and prescribed by Article VI, section 5 of the South Carolina Constitution.

Conclusion

Members of the Charleston County Public Library Board of Trustees are officers within the meaning of Article VI, Section 4 of the South Carolina Constitution. They are therefore required to take the oath of office prescribed in Article VI, Section 5 of the South Carolina Constitution.

Sincerely,

Sabrina C. Todd
Assistant Attorney General

REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General