Kenneth L. ChildsWilliam F. HalliganKathryn Long MahoneyAllen D.
SmithShirley M. Fawley*John M. Reagle**Vernie L. WilliamsThomas K.
Barlow**
Allison Aiken HannaKeith R. Powell***Connie P. JacksonKimberly
Kelley BlackburnJasmine Rogers Drain++Dwayne T. MazyckTyler R.
TurnerMary Allison Caudell
Certified Specialist in Employment and Labor Law*Also admitted
in District of Columbia**Also admitted in North Carolina***Also
admitted in Missouri++ Also admitted in Georgia
A PROFESSIONAL ASSOCIATIONATTORNEYS AND COUNSELORS AT LAW
The Tower at 1301 Gervais, Suite 900, Columbia, SC 29201Post
Office Box 11367, Columbia, SC 29211-1367
Telephone (803) 254-4035 Facsimile (803) 771-4422
CHILDS & HALLIGAN
M E M O R A N D U M
VIA E-MAIL
TO: Berty Riley, Board Chair
FROM: Kenneth L. ChildsDwayne T. Mazyck
DATE: August 28, 2014
RE: Special Board Meeting August 28, 2014
I was advised this morning that there may be some concerns
regarding a specialcalled meeting scheduled for tonight and its
compliance with the current FOIA laws. As such, Ihave provided you
the relevant sections of the South Carolina Freedom of Information
Act(FOIA) 30-4-10, et al., as well as, our Supreme Courts recent
decision in Lambries v. SaludaCounty Council as it relates to
FOIA.
FOIAs open meeting provision, 30-4-60, provides [e]very meeting
of all publicbodies shall be open to the public unless closed
pursuant to [section] 30-4-70 of this chapter.Section 30-4-70
states, meetings may be closed for certain enumerated reasons,
including suchmatters as the discussion of proposed contractual
agreements and the proposed sale or purchaseof property; the
receipt of legal advice related to a pending, threatened or
potential claim; and thediscussion of the proposed location,
expansion, or provision of services.
Further, FOIAs notice provision is set forth in 30-4-80 and
requires writtenpublic notice of the meetings of public bodies as
follows:
(a) All public bodies, except as provided insubsections (b) and
(c) of this section, must givewritten public notice of their
regular meetings at thebeginning of each calendar year. The notice
mustinclude the dates, times, and places of such meetings.Agenda,
if any, for regularly scheduled meetings mustbe posted on a
bulletin board at the office or meeting
MemorandumAugust 28, 2014Page 2
place of the public body at least twenty-four hoursprior to such
meetings.All public bodies must post on such bulletin boardpublic
notice for any called, special, or rescheduledmeetings. Such notice
must be posted as early as ispracticable but not later than
twenty-four hours beforethe meeting. The notice must include the
agenda, date,time, and place of the meeting. This requirement
doesnot apply to emergency meetings of public bodies.
In this instance, the agenda posted on August 27, 2014, at 4:30
p.m. clearlycompiles with FOIAs notice requirements and our Supreme
Courts recent decision holding thatFOIA only requires the posting
of an agenda twenty-four hours prior to called, special,
orrescheduled meetings. Please note that this agenda cannot be
amended and only matters placedon the agenda may be discussed.
I trust this is responsive to your inquiry. Please let me know
if you have anyquestions or would like to discuss this further.
c: All Board MembersDr. Vashti WashingtonMs. Shellie MurdaughMs.
Cheryl Hensley
