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2006 South Carolina Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagsc0003 and id is 1 raw text is: The State of South Carolina OFFICE OF THE ATTORNEY GENERAL HENRY MCMASTER ATFORNEY GENERAL January 3, 2006 Mark W. Tollison, Esquire Greenville County Attorney 301 University Ridge, Suite 2400 Greenville, South Carolina 29601 Dear Mr. Tollison: By letter, you request our opinion regarding removal of a member of the Greenville County Board of Special Needs and Disabilities. Specifically, you inquire as to which individual or entity may properly conduct the hearing, pursuant to Section 44-20-378, for the removal of a member of the Board. Furthermore, you request our opinion concerning which individual or entity acts as the appointing authority for purposes of the South Carolina Code Annotated Sections 44-20-375 and 40-20-378. In your letter, you provide the following pertinent information: Pursuant to the provisions contained in S.C. Code Ann. § 44-20-375, Greenville County Council adopted Ordinance No. 2378. Greenville County Ordinance No. 2378 provides that [tjhe Board shall be appointed by the Governor of the State of South Carolina upon the recommendation of Greenville County Council which is in compliance with S.C. Code Ann. § 44-20-375.... OrdinanceNo. 2378 originally created the Greenville County Mental Retardation Board. Greenville County Council, by Ordinance No. 2552 adopted March 15, 1994, changed the name of the Greenville County Mental Retardation Board to the Greenville County Disabilities and Special Needs Board (DSN Board).... Specifically, Ordinance 2378 tracks the State law removal provision (§ 44-20- 378) and provides that [any member may be removed by the appointing authority for neglect of duty, misconduct or malfeasance in office after being given a written statement of reasons and an opportunity to be heard, or for missing three (3) consecutive meetings. Greenville County has received a request from the DSN Board's Legal Counsel to remove a member of the DSN Board based on the DSN Board's finding 4 alsR4 NNI BuILDIG * POST OFFICE Box 11549 * COLUMBIA, S.C. 29211-1549 * TELEPHONF: 803-734-3970 * Firr XO )ston