Individuals appointed to local boards and commissions across the state who do not take an oath to the U.S. Constitution could soon lose their position and salary, while county governments that don’t enforce the oath could lose state funding, Republican Sen. Matt Leber said at a March 21 press conference.
On the steps of the U.S. Custom House, Leber, accompanied by wife and Charleston County school board member, Michele Leber, House Representatives James Teeple and Joe Bustos and other supporters, emphasized the importance of the oath and criticized Charleston County Council for again switching gears on requiring all boards and commissions to swear an oath until state lawmakers give a clear direction.
“If you are the one that’s evading taking the oath of the Constitution, the most honorable American oath, or you’re helping others evade taking the oath, you’re the problem,” Leber said. “This is simple. Immediate relief is available. Take the oath.”
Rather than introducing legislation that would require all boards and commissions in the state take the oath, Sen. Larry Grooms has included a proviso in the state budget to penalize those who do not take it, Leber said. Appointees who fail to swear fidelity to the Constitution will lose their position and pay, and counties that refuse the requirement will lose state funding, Leber said.
The penalties could go into effect almost immediately after Gov. Henry McMaster signs the budget in May, Leber added.
At a special County Council meeting March 20, county clerk Kristen Salisbury gave a presentation outlining how she would implement a policy regarding the oath, which council voted in favor of last week. She said she encountered a few issues while navigating uncharted territory, including how to file the oath form.
Elected officials file it with the secretary of state, but Salisbury said the secretary’s office was unsure if they would receive appointees’ oaths as well.
“While we’re used to being leaders in the state of South Carolina, there’s pressure for me to get this right but not a lot of guidance on how to do it,” Salisbury said.
In the middle of the presentation, County Councilman Brantley Moody questioned why the clerk had to figure out how to implement the oath with no guidance from the secretary of state or attorney general. He then proposed the council reconsider their decision from last week.
With a 7-2 vote, council flipped again on the requirement. Moody proposed deferring the implementation until state lawmakers provide clear direction. Councilman Joe Boykin voiced his support and told The Post and Courier he wouldn’t waver in his decision.
“No one here is saying we don’t believe in the oath,” Boykin said. “We’re only saying that our clerk shouldn’t bear the responsibility for the entire state of South Carolina to set precedent.”
Councilmembers Jenny Costa Honeycutt and Larry Kobrovsky opposed the move. Honeycutt said she understood the need for further guidance, but Kobrovsky told The Post and Courier he didn’t see why this had to hinder the requirement to take the oath, calling the reasoning bogus.
“When the highest legal authority says to (swear an oath to the Constitution), you do it, and it’s something people should be proud of anyway,” Kobrovsky said. “It shouldn’t be an issue.”
County Council has now changed their stance on the matter twice, initially standing behind the library board to not require taking the oath, and then voting at the next meeting to require all boards and commissions to take it.
The issue first came up when Graham Horsman, a local attorney, gun rights activist and Leber’s 2024 campaign manager, was recently appointed to the Charleston County Library Board. Since he was added, he questioned why board members weren’t required to swear an oath to the Constitution.
Since its 1976 charter, the library board hasn’t been required to do so. Board members instead pledge to commit to increasing public knowledge and acting in the library’s best interests.
Attorney General Alan Wilson’s office said in an opinion that volunteers appointed to oversight boards are required to take an oath, but the county’s lawyers don’t believe the requirement applies. County attorney Natalie Ham had previously confirmed to council members that no other board in the state takes the oath.
Library Board Chairman Rob Byko said previously that most members of the board aren’t against taking the oath, but wanted guidance from County Council, a governing body. A couple members, including Melanie Collins and Louise Allen, said they were reluctant to take a pledge to a constitution that wasn’t always favorable to them, board minutes from an earlier meeting stated.
County Councilman Herb Sass told The Post and Courier he’s frustrated with the outcome, because even with the penalties being introduced, no one is willing to offer direction for how to implement the oath.
“We’re being asked to write the rules for the whole freaking state with 46 counties, but if we don’t write the rules, they’re going to punish us,” Sass said. “Is this some kind of joke?”
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
