2020 South Carolina Code of Laws
Title 8 - Public Officers and Employees
Chapter 13 - Ethics, Government Accountability, And Campaign Reform
Section 8-13-735. Participation in decision affecting personal economic interests by one employed by and serving on governing body of governmental entity.
(A) Except as provided in subsection (B), no person who serves at the same time:
(1) on the governing body of a state, county, municipal, or political subdivision board or commission; and
(2) as an employee of the same board or commission or in a position subject to the control of that board or commission may make or participate in making a decision that affects his economic interests.
(B) No person shall serve at the same time as:
(1) a nonappointed member of the governing body of the board or commission for a water or sewer district or a nonprofit water or sewer corporation or company organized pursuant to the provisions of state law; and
(2)(a) an employee of the same board, commission, corporation, or company; or
(b) in a position subject to the control of that board, commission, corporation, or company; or
(c) in a decision-making position concerning the operation and functions of that board, commission, corporation, or company.
(C)(1) Any person violating the provisions of subsection (B) may be assessed a civil penalty of fifty dollars per day to be remitted to the general fund of the board, commission, corporation, or company.
(2) If a lawsuit is brought to force the person to vacate either his position held pursuant to subsection (B)(1) or subsection (B)(2), and the person is found in circuit court to have violated subsection (B), the person must pay the civil penalty in subsection (C)(1) plus court costs, attorney's fees, and any damages required by the court.
(3) Any individual or entity served by the board, commission, corporation, or company has standing to bring a lawsuit in the circuit court pursuant to this subsection.
HISTORY: 1991 Act No. 248, Section 3, eff January 1, 1992 and governs only transactions which take place after December 31, 1991; 2011 Act No. 11, Section 1, eff April 7, 2011.
