A Circuit Court Judge has said of the Laurens County Council, “Defendants have repeatedly violated FOIA as set forth above.”
The ruling lists 9 instances when the Laurens County Council and the Laurens County Planning Commission violated the state’s freedom of information law, in that the public bodies did not state the specific purpose of sessions closed to the public.
Laurens County has filed an appeal.
These sessions are allowed, under certain exemptions from public disclosure, but the ruling makes clear that saying merely “legal matter” or “contract matter” is not specific enough.
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UPDATE:
For its meeting TONIGHT (Aug. 12) Council's agenda lists 3 specific purposes for closed session.
1 - Receipt of legal advice on pending litigation, 4 Civil Actions (attorney-client privilege).
2 - Receipt of legal advice concerning potential litigation with a certain municipality located within the county concerning collection of taxes (attorney-client privilege).
3 - Discussion of employment & compensation of an Emergency Management Director.
No voting or polling of members can take place, legally, in executive session.
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Judge Eugene Griffth Jr.’s ruling, from a May 14 bench trial, indicates that Laurens County argued that it has no guidance about “how to conduct closed meetings;” however, the judge cites court decisions, SC Attorney General opinions, and advice from the SC Association of Counties as ways Laurens County could have been clear about the law. The legal action was brought against the County Council, and County Administrator Thomas Higgs, and the Planning Commission and commissioner Jim Royer by Laurens Residents for Quality Rural Living, which has been active in monitoring residential development in Northern Laurens County.
The lawsuit was brought Jan. 10, 2023, and the County answered March 20, 2023.
The group bringing the lawsuit (Plaintiffs) presented to Judge Griffith enough evidence to show that the Council and/or Commission violated state law on:
Jan. 11, 2022
April 4, 2022
May 5, 2022
June 14, 2022
Sept. 27, 2022
Nov. 15, 2022
Dec. 13, 2022
Feb. 12, 2024
April 8, 2024.
The legal action pertains to the Freedom of Information Act SC Code 30-4-10. “Specific purpose” was added to the law in 1987. The SC Association of Counties advised its members, when councils go into private meetings “be as specific as possible” about what is going to be discussed. Members are not allowd to vote in public, nor are they allowed to conduct a poll of members to determine a consense.
Laurens County will not have to pay a fine. But it will have to pay the Plaintiffs’ attorney fees and court costs. And, the two public bodies are on judicial notice not to do it again.
As a Conclusion of Law, the ruling states, “Defendants have repeatedly violated FOIA as set forth above.”
The Plaintiffs presented agendas, minutes and videos of council meetings as their evidence that state law was violated.
Judge Griffith’s ruling makes it plain, backed up by existing case law, that it’s not enough for the public to have “some idea” of what is being discussed in closed sessions. One of the main cases cited is Quality Towing Inc. v. City of Myrtle Beach.
In one of the closed meetings cited by the Plantiffs, Sept. 27, 2022, the council said it was going into executive session to discuss contracts related to buildings and grounds. The motion after the closed session authorized the administration to engage an architect to do a building evaluation study in the amount of $49,800. The minutes said it was a Human Resources matter. The ruling says, “Defendants improperly called an executive session when the acceptance of this contract should have been discussed publicly.”
Other closed sessions called into question related to hiring the county attorney and creating and advertising the position of legal assistant.
The Plaintiffs (group bringing the lawsuit) were allowed to add closed sessions that happened after the lawsuit was filed, by order of the court, and agreed to withdraw their complaint that the County overcharged them for FOIA (records) production.
Wesley D. Peel represented the Laurens Residents for Quality Rural Living, and Russell W. Harter Jr. represented the Laurens County Council and the Laurens County Planning Commission.
The Planning Commission was cited in one of the nine meetings (Nov. 15, 2022) when it went into closed session for the “legal briefing.” These meetings are not recorded on video.
The County initially had no comment at this time, pending review.
On Monday, the County filed an appeal, asking the Court to remove Higgs and Royer from the lawsuit; saying how the County Council handled closed sessions is in compliance with advice by the SC Association of Counties and others; and asserting that nothing about attorney's fees was presented at the hearing. The Plaintiffs have a chance to respond to the appeal.
The County's motion for a new trial here.
