The SC Freedom of Information Act provides citizens with access to public records and government agency meetings in South Carolina. The goal is to promote transparency in government and allow the public to learn more about the performance of public officials and how taxpayer dollars and other public funds are spent.
But that does not mean that employees are always willing to share these records with you.
Therefore, the Post and Courier has prepared a toolbox for citizens to use the state sun law to obtain the records and information you need. These tips were taken from the extensive experience of our reporters using FOIA, as well as from helpful guides published by the South Carolina Press Association.
Public data
The law gives citizens access to a variety of government agency records, including reports, audits, budgets, memos, letters and other correspondence. It also covers electronic records, such as photographs, spreadsheets, e-mails and text messages sent from cell phones issued by the government. Agencies are not required to create a record that does not yet exist, and the law allows certain information, such as social security numbers and trade secrets, to be protected from disclosure. But employees should not use this as an excuse to retain the entire document. They must edit, or hide, that information and then release the rest.
Changes in FOIA in 2017 set firmer deadlines for fulfilling registration requests. Public agencies must respond to a written FOIA request within 10 business days, unless the registration requested is more than two years old, in which case the deadline is 20 business days. They then have 30 calendar days to deliver these records. If a deposit is required, the watch starts to count when the money is received. And for registrations older than 2 years, the deadline is extended to 35 days.
While the new deadlines have been widely celebrated by advocates of open records, lawmakers have also introduced a new language that allows public agencies to charge money to search, retrieve, write and copy records. Some agencies waive these fees upon request, so it’s always a good idea to ask. But many will not, and these rates can increase rapidly. If they come back with what some might consider an excessive fee – once we were quoted $ 200,000 to gain access to a police database – don’t hesitate to contact the public agency and negotiate a little.
The law requires public agencies to develop and publish a fee schedule online to meet FOIA requests. Production rates should be based on the hourly wage of the lowest paid employee who has the skills and training to fulfill the request.
Here is an example letter to get you started:
A few more tips:
- Ask for the information orally first and see if it can be obtained without a formal written request that can take weeks to complete.
- Be as specific as possible about what you are looking for. For example, a school board request for bank card expense statements between June 1, 2020 and July 30, 2020 is likely to be more successful and less costly than a request for all financial transactions processed by the school district in the last year.
- When requesting emails and other correspondence, try to restrict your request as much as possible by listing specific keywords and recipients for search. For example, an email request between the top two state health officials for emails about coronavirus vaccine protocols between February 25, 2021 and March 12, 2021 will likely bring you closer than you need to , cheaper than a request for all e-mails from the health agency regarding the coronavirus.
- Initially, ask for access to review the records, not specifically for copies of them (unless you can’t physically reach where they are to review them). That way, you can have some leeway to negotiate or limit copying costs, if evaluated.
- Send your request by e-mail to avoid delays with the e-mail and make the time run earlier. Include read receipts and delivery notifications for your records.
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FOIA exempts certain records from the release, including legal correspondence that would violate the attorney-client privilege, industrial development offers under negotiation, and certain police records that could prevent a possible arrest. But it also makes some records available, such as arrest records and police incident reports from the previous 14 days, for public inspection without a written request. A complete list of available registrations and exemptions can be found here.
Public meetings
The law guarantees citizens’ access to public agency meetings when the simple majority, or quorum, of that agency is present. The call for meetings must be made 24 hours in advance.
All public affairs must be conducted in an open and public manner, but the law provides certain exemptions that allow a public agency to terminate its proceedings. This includes contract negotiations; staff discussions involving hiring, firing or disciplining an employee; economic development negotiations; and security issues. But all votes resulting from these discussions must take place in an open session, in the presence of the public.
The SC Press Association offers this advice on what reporters should say if employees try to end a public meeting or court session. The same statements can also be used by ordinary citizens who are opposed to terminating the process. Professional tip: Many reporters carry these statements in their wallets, so they will be prepared with legal language to file an objection, if necessary.
Background scanning
It’s amazing what you can find out about a person these days by simply doing a search on Google or browsing their profiles on Facebook or LinkedIn. But certain information, including criminal histories and civil lawsuits, can be more difficult to track, especially if the incidents span multiple years.
An experienced investigator can probe some obscure corners of the Internet to establish a background profile of someone who is applying for a job or applying for a job or position in an organization. But there are few simple, accessible places that ordinary people can turn to.
The State Law Enforcement Division allows citizens to conduct criminal background checks using a portal on its website. The survey costs $ 25 and you will need the person’s name and date of birth for it to work. One caveat is that the search will only detect arrests made in South Carolina.
If you don’t mind a little more legwork, much of the same information can be found for free on the South Carolina Judicial Branch website. The site allows you to search for county lawsuits, so you may have to skip a little if the subject of his search lived or was arrested in different areas of the state. But you will be able to see where and when the arrests took place, as well as the charges filed, the progress of the case and your eventual decision. Searching for civil cases yields even more, providing PDF files for downloading the cases and several case files.
Catch up Glenn Smith at 843-937-5556. Follow him on Twitter @ glennsmith5.