Kenneth L.

Childs
William F. Halligan
Kathryn Long Mahoney
Allen D. Smith

Shirley M. Fawley
*
John M. Reagle
**
Vernie L. Williams
Thomas K. Barlow
**
Allison Aiken Hanna
Keith R. Powell
***
Connie P. Jackson
Kimberly Kelley Blackburn
Jasmine Rogers Drain
++
Dwayne T. Mazyck
Tyler R. Turner
Mary 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 ASSOCIATION
ATTORNEYS AND COUNSELORS AT LAW
The Tower at 1301 Gervais, Suite 900, Columbia, SC 29201
Post 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. Childs
Dwayne 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 special
called meeting scheduled for tonight and its compliance with the current FOIA laws. As such, I
have 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. Saluda
County Council as it relates to FOIA.
FOIAs open meeting provision, 30-4-60, provides [e]very meeting of all public
bodies 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 such
matters as the discussion of proposed contractual agreements and the proposed sale or purchase
of property; the receipt of legal advice related to a pending, threatened or potential claim; and the
discussion of the proposed location, expansion, or provision of services.
Further, FOIAs notice provision is set forth in 30-4-80 and requires written
public notice of the meetings of public bodies as follows:
(a) All public bodies, except as provided in
subsections (b) and (c) of this section, must give
written public notice of their regular meetings at the
beginning of each calendar year. The notice must
include the dates, times, and places of such meetings.
Agenda, if any, for regularly scheduled meetings must
be posted on a bulletin board at the office or meeting
Memorandum
August 28, 2014
Page 2
place of the public body at least twenty-four hours
prior to such meetings.
All public bodies must post on such bulletin board
public notice for any called, special, or rescheduled
meetings. Such notice must be posted as early as is
practicable but not later than twenty-four hours before
the meeting. The notice must include the agenda, date,
time, and place of the meeting. This requirement does
not apply to emergency meetings of public bodies.
In this instance, the agenda posted on August 27, 2014, at 4:30 p.m. clearly
compiles with FOIAs notice requirements and our Supreme Courts recent decision holding that
FOIA only requires the posting of an agenda twenty-four hours prior to called, special, or
rescheduled meetings. Please note that this agenda cannot be amended and only matters placed
on the agenda may be discussed.
I trust this is responsive to your inquiry. Please let me know if you have any
questions or would like to discuss this further.
c: All Board Members
Dr. Vashti Washington
Ms. Shellie Murdaugh
Ms. Cheryl Hensley