Richardson v. Town of Mount Pleasant

*300Chief Justice TOAL.

I respectfully dissent. In my opinion, the exemption to the prohibition against dual office holding for constables and firefighters encompasses municipal police officers. As the majority points out, the legislature enacted a statute providing for the employment of police officers by municipalities. South Carolina Code Ann. § 5-7-110 (Supp.2001) provides, in part, “police officers shall be vested with all the powers and duties conferred upon constables, in addition to the special duties imposed upon them by the municipality....” (Emphasis added). In my view, by vesting municipal police officers with all of the powers and duties of constables, the legislature exempted municipal police officers from the prohibition against dual office holding.