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The South Carolina State Ethics Commission releases informal and formal opinions issued by staff and commissioners on a real or hypothetical set of facts or circumstances. These can be requested by anyone the Act could reasonably apply to and are considered by the Commission at public meetings.
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Item Advisory opinion 2024-001(South Carolina State Library, 2024-07-18) South Carolina State Ethics CommissionThe provision of free or reduced cost cybersecurity services to certain campaigns and/or political parties constitutes a “contribution” under Section 8-13-1300(7) of the Ethics Reform Act.Publication Ethics Advisory Opinions (1992-2024)(2024-05-24) South Carolina State Ethics CommissionThe South Carolina State Ethics Commission releases informal and formal opinions issued by staff and commissioners on a real or hypothetical set of facts or circumstances. These can be requested by anyone the Act could reasonably apply to and are considered by the Commission at public meetings.Publication Advisory opinion 2023-001(2023-09-21) South Carolina State Ethics CommissionA retired public employee questions wheter Section 8-13-760 applies to all public officials. Section 8-13-760 of the Ethics Act applies to all public officials, public members, and public employees.Publication Advisory Opinion 2020-002(2020-12-03) South Carolina State Ethics CommissionA public official, public member, or public employee may vote on entire budgets that contain items affecting the economic interests of himself, his family members, businesses with which he is associated, or individuals with whom he is associated, but is prohibited from voting on specific line-items affecting such economic interests and is prohibited from participating in work shops or budget committees dealing with such interests.Publication Advisory Opinion 2020-001(2020-09-17) South Carolina State Ethics CommissionIndividuals reporting government income on a Statement of Economic Interests should report the amount of gross income received. Gross income means the amount of wages earned prior to any deductions or withholdings.Publication Advisory Opinion 2019-001(2019-03-19) South Carolina State Ethics CommissionSection 8-13-1348 of the Ethics Act prohibits the use of campaign funds to pay fines or penalties imposed by the State Ethics Commission for violations of the Ethics Act.Publication Advisory Opinion 2018-004(2018-07-19) South Carolina State Ethics CommissionA Council Member's expression of a personal opinion on a ballot measure during a Council meeting constitutes use of public resources. Whether such an expression constitutes an attempt to influence the outcome of a ballot measure in violation of 8-13-1346 is a factual question and must be determined by looking to the totality of the circumstances. Informational materials provided pursuant to 8-13-1346(C) must be informational only and must not favor one side of a controversy over another, Whether such materials are "informational" will be determined by looking to factors such as the style, tenor, and timing of the publication.Publication Advisory Opinion 2018-003(2018-05-25) South Carolina State Ethics CommissionSections 765 and 1346 do not apply when Council Members are not using public time and public resources. Sections 765 and 1346 do not apply to proposed referenda not yet submitted to voters for approval.Publication Advisory Opinion 2018-002(2017-09-21) South Carolina State Ethics CommissionWorker's Compensation Commissioners currently serve as officers or board members on two 501(C)(3) non-profit associations, the South Carolina Workers' Compensation Educational Association ("SCWCEA") and Kids' Chance of South Carolina ("Kids' Chance"). According to information provided from Workers' Compensation Commission staff, this service is ex-officio and in their official capacities. Attorneys who regularly appear before the CXommissioners may also serve as officers or board members for the same non-profit associations. The Workers' Compensation Commissioners seek to ensure that if they serve as an officer or board member for these non-profit associations, then attorneys who also serve in these roles would be not considered individuals with whom the Commissioners are associated under Section 8-13-100(21) of the Ethics Reform Act, thereby triggering the recusal requirements of Section 8-13-700(B) when those attorneys appear before the Workers' Compensation Commission. Here, the Ethics Commission concluded that when a Workers' Compensation Commissioner serves as aboard member or officer in a non-profit in his official capacity, the non-profit would not be a "business with which he is associated" under Section 8-13-100(4) and its board members or officers would not be "Individual[s] with whom he is associated" under Section 8-13-100(21).Publication Advisory Opinion 2018-001(2017-07-18) South Carolina State Ethics CommissionThis opinion presents substantially similar facts to the question presented in State Ethics Commission Advisory Opinion 2015--03 (November 19, 2014), as both opinions were requested by officials to the Town of Blythewood related to zoning regulations in Cobblestone Park ("Cobblestone"). Here, the Commission reaffirms its previous conclusion in SEC AO 2015-003 that Town officials who are members of the Cobblestone property homeowner's association and the golf and tennis club are not required to recuse from a zoning decision on Cobblestone.Publication Advisory Opinion 2017-004(2017-03-15) South Carolina State Ethics CommissionA lobbyist's principal has the option of acting as a lobbyist's principal only as to designated public offices or public bodies. If the lobbyist's principal makes this selection, then the gift limitations of Section 2-17-90 only apply to the lobbyist's principal's relationship with those designated entities.Publication Advisory Opinion 2017-003(2017-03-15) South Carolina State Ethics CommissionS.C. Code Ann. § 8-13-740(5) prevents a bail bondsman who is a municipal public official from issuing bonds in the court system for that municipality. Given that a bondsman is subject to the jurisdiction of the court upon the default of the bond, thus necessitating “representation” under Section 8-13-740(5), a municipal public official is also prohibited from owning a bail bonding business which conducts business in the court system for that municipality.Publication Advisory Opinion 2017-002(2016-07-20) South Carolina State Ethics CommissionSection 8-13-1348 has no general prohibition on a candidate paying for services to his own business, a family business, or a family member provided the services were 'bona fide'. In all such cases, payment for the services provided must represent fair market value and documentation must be maintained justifying the services performed and payment made. Certain categories of payment to family members and family businesses, such as for general consulting services, are inherently suspect, and can only be made of the person receiving the payment is in the business (in addition to the fair market value and documentation requirements).Publication Advisory Opinion 2017-001(2016-07-20) South Carolina State Ethics CommissionA State University that is a lobbyist's principal would ordinarily not be able to provide directly to a Constitutional officer gifts in excess of the daily and yearly dollar limitations set forth in S.C. Code Ann. 2-17-90. The providing of these gifts to the public employees on officer's staff would be more restrictive, only under limited circumstances. However, in the case of season football tickets and suite access provided by the University to the public office (rather than the public official or public employee individually), such a gift would not be subject to restrictions of Section 2-17-90, provided that the tickets are used for state-related purposes.Publication Advisory Opinion 2016-004(2016-01-20) South Carolina State Ethics CommissionThe prohibition in Section 8-13-1348 of the Ethics Reform Act on using campaign funds to defray personal expenses extends to the use of these funds to pay for expenses associated with membership at private clubs or food and beverage not specifically associated with campaign events. Such expenses are personal in nature and not related to any campaign or office. Expenses paid to private clubs can only be interpreted as campaign-related if connected with a campaign event.Publication Advisory Opinion 2016-001(2015-09-16) South Carolina State Ethics CommissionA State University that is a lobbyist's principal would ordinarily not be able to provide directly to a Constitutional officer gifts in excess of the daily and yearly dollar limitations et forth in Section 2-17-90. The providing of these gifts to the public employees on officer's staff would be more restrictive, only under limited circumstances. However, in the case of season football tickets and suite access provided to the University to the public office (rather than the public official individually) for state-related purposes, such a gift would not be subject to restriction of Section 2-17-90, provided that state-related uses for the tickets take priority over the personal use by individual public officials, public employees, and others.Publication Advisory Opinion 2015-003(2015-11-19) South Carolina State Ethics CommissionThe question of whether a town council member has an economic interest in a zoning issue before his government entity must be answered on a case-by-case basis. In the situation outlined, the town council member has an economic interest; however, it is no greater than other members of the class of property owners, and the town council member does not need to recuse himself, pursuant to Sections 8-13-100(11) and 8-13-700(B).Publication Advisory Opinion 2015-002(2015-11-19) South Carolina State Ethics CommissionThe question of whether a town council member has an economic interest in a zoning issue before his government entity must be answered on a case-by-case basis. In the situation outline, the town council member has an economic interest; however, it is no greater than the other members of the class of property owners, and the town council member does not need to recuse himself, pursuant to Sections 8-13-100(11) and 8-13-700(B).Publication Advisory Opinion 2015-001(2014-09-17) South Carolina State Ethics CommissionStaff briefings of the Public Service Commission do not violate the open meeting rules of the Freedom of Information Act or the adjudicative responsibilities of the Code of Judicial Conduct.Publication Advisory Opinion 2014-004(2014-05-21) South Carolina State Ethics CommissionNotwithstanding the apparent inconsistencies between S.C. Code 8-13-1314(A) and S.C. Code 8-13-1320(1) the Commission opines that because of the plain meaning S.C. Code 8-13-1320(1) candidates in a primary runoff who accept campaign contributions in the seven day period following the primary election must attribute those contributions to the primary. Contributions for the primary runoff election must not be accepted from those contributors who made maximum contributions for the primary until the eighth day after the primary. This opinion is prospective only from the date of the opinion.