Elkin, 081919 SCAGO, AGO 3170

• Case Date: August 19, 2019
• Court: South Carolina

Chief John E. Elkin AGO 3170 No. 3170 South Carolina Attorney General Opinion State of South Carolina Office of the Attorney General August 19, 2019          Chief John E. Elkin          F&N Railroad Police Dept          PO BOX 577          Pelion, SC 29123          Dear Chief Elkin:          We received your request seeking an opinion on whether the dual office prohibition would preclude a certain municipal employee from also serving as a Railroad Police Officer. This opinion sets out our Office's understanding of your question and our response.          Issue (as quoted from your letter):          This department recently opened a part time Railroad Police Officer position and found a well-qualified candidate. I offered the position to this candidate and he accepted. He was previously a sworn employee, of the City of Cayce's public safety department as a Police Officer. He subsequently became the Information Technologies Director for the city. The city issued a Permanent Change in Status to the Criminal Justice Academy dated August 1st 2019 separating him from the law enforcement position.          During our hiring process the City of Cayce raised a concern that this may violate the dual office provisions of the state constitution. Out of an abundance of caution I have halted the commissioning process for this candidate; meaning that I have not asked him to swear an oath of office. I will refrain from doing so until the questions posed in this opinion are answered.          It is my understanding the city's Information Technologies Director Position is a civilian position where there is no oath of office. I can also find no mention in the city's online ordinances of the Information Technologies Department or its Director.          Railroad Police Officers are Special State Constables (SC 58-13-910). They are commissioned through the Governor's office as such. The limitations for dual office listed in Article IV Section 3 of the South Carolina Constitution do not apply to Constables.          My questions are:

1. Is

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