(A)

1. (1) A public official occupying statewide office, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except as otherwise required by law.

2. (2) A member of the General Assembly, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except:

   1. (a) as required by law;
   2. (b) before a court under the unified judicial system; or
   3. (c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
3. (3) A public member occupying statewide office, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law.

4. (4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

   1. (a) as required by law; or
   2. (b) before a court under the unified judicial system.
5. (5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law.

6. (6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

   1. (a) as required by law;
   2. (b) before a court under the unified judicial system; or
   3. (c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.

7. (7) The restrictions set forth in items (1) through (6) of this subsection do not apply to:

   1. (a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the public official, public member, or public employee is appearing;
   2. (b) representation by a public official, public member, or public employee in the course of the public official's, public member's, or public employee's official duties;
   3. (c) representation by the public official, public member, or public employee in matters relating to the public official's, public member's or public employee's personal affairs or the personal affairs of the public official's, public member's, or public employee's immediate family.

(C) A member of the General Assembly may not vote on the section of that year's general appropriation bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subsection (A)(2)(c) within one year prior to such vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole.

ETHICS COMMISSION OPINIONS

1. In General

Engineer, member of County Planning Commission, who is civil engineering designer and construction coordinator for engineering firm, would not be prohibited from serving on County Planning Commission if such service is authorized by local statutes or ordinances, and, if there is such authorization, there would be no violation for engineer to serve and for members of his firm to represent clients before county agencies in order to carry out functions of their profession. If Planning Commission specifically regulates operation of engineers in county, Section 8-13-730 applies to situation, otherwise it is not applicable. Upon determination that Section 8-13-730 does not preclude member of Planning Commission from serving, impact of Section 8-13-740 must be considered. If engineer does not serve pursuant to statute specifically providing for service of engineer upon Planning Commission, then these provisions apply. Commission finds that if county ordinances or regulations authorize that engineer serves upon Planning commission and that engineer serves pursuant to that authorization, Section 8-13-740 would not prohibit such person or individuals or businesses with which he is associated from representing clients before Planning Commission. To continued service, if allowed as mentioned above, Commission advises that provisions of Section 8-13-700(B) would apply, and advises that, if engineer is allowed to serve in accordance with above discussion, members of his engineering firm would not be prohibited from representing clients before Planning Commission provided members follow procedures of Section 8-13-700(B) on all matters affecting economic interests of engineering firm. Op S. C. St Ethics Comm., SEC AO92-072, Mar 25, 1992.

Architect would be prohibited from serving on design review board unless such service is authorized by statute or ordinance. If design review commissions in question specifically regulate operation of architects, Section 8-13-730 applies to situation, otherwise it does not. Upon determination that Section 8-13-730 does not preclude member of design review commission from serving, impact of Section 8-13-740 must be considered. Commission finding that if local county or city ordinances or regulations authorize that an architect serves on design review commission and that architect serves pursuant to such authorization, Section 8-13-740 would not prohibit that person or individuals or businesses with which architect is associated from representing clients before design review commission. Commission further advises that, if architect is allowed to serve in accordance with above discussion, members of his architectural firm would not be prohibited from representing clients before the commission, provided member follows procedures of Section 8-13-700(B). And, such member, if allowed to serve in accordance with above discussion, would not be prohibited from having jobs which require Board approval, but members advised to follow procedures of Section 8-13-700(B) when required to take official action or make decisions affecting those jobs. Op S.C. St. Ethics Comm., SEC AO92-119, March 25, 1992.

County Attorney is advised against representation of clients on matters in which sheriff's office is arresting agency. He is also advised against representing clients in magistrate's court when he has advised magistrate's office on legal matters. Op S.C. St. Ethics Comm., SEC AO92-169, May 27, 1992.

Former DHEC employee who is currently employed by Budget and Control Board would not be prohibited from providing certain part-time consulting and engineering services as long as such work is not part of employee's official responsibilities and is performed in accordance with off-duty employment guidelines. With limited exceptions, however, Section 8-13-740(A)(6) would preclude employee and any business with which he is associated from representing clients before other state agencies. Op. S.C. St. Ethics Comm., SEC AO94-003, July 21, 1993.