Posts Tagged ‘Freedom of Information’

April 14, 2017

Opinion on whether a school board chairman has authority to assign seating at meetings and deny the right to vote to a member who refuses to sit in assigned seat.

Requested by The Honorable John W. Matthews, Jr., Member, South Carolina Senate.

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April 5, 2017

Opinion on whether an audio recording is a public record subject to disclosure under the S.C. Freedom of Information Act (S.C. Code Ann. Sections 30-4-10 et seq.).

Requested by The Honorable Katrina Shealy, Member, South Carolina Senate.

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October 18, 2016

Opinion on S.C. FOIA, what information can be made public from applications submitted for financial assistance under the Farm Aid Bill.

Requested by The Honorable Hugh Weathers, Commissioner, South Carolina Department of Agriculture.

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September 12, 2016

Opinion on meeting rules of the South Carolina Department of Disabilities and Special Needs and the South Carolina Freedom of Information Act (FOIA).

Requested by The Honorable John Scott, Member, South Carolina Senate.

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August 29, 2016

Opinion on whether certain information must be redacted from voter registration lists prior to being furnished to any qualified elector.

Requested by Ms. Marci Andino, Executive Director, S.C. Election Commission.

Andino M. OS-10065 FINAL Opinion 8-29-2016 (01102168xD2C78)

 

May 31, 2016

Opinion on authority of a municipal council to remove a person from a meeting.

Requested by Ms. Miriam Hair, Executive Director, Municipal Association of South Carolina.

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May 17, 2016

Opinion regarding whether a referendum held by the Town of Duncan on November 3, 2015 is valid.

Requested by The Honorable Lisa C. Scott, Mayor, Town of Duncan.

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May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

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April 25, 2016

Opinion concerning a coroner’s ability to access unfounded DSS case information.

Requested by Anthony S.H. Catone, General Counsel, South Carolina Department of Social Services.

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February 24, 2016

Opinion regarding whether “toxicology reports are considered to be ‘medical records’ under Section 30-4-20(c) of the South Carolina Code and therefore exempt from disclosure under the South Carolina Freedom of Information Act.”

Requested by The Honorable Rusty Clevenger, Coroner, Spartanburg County.

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February 11, 2016

Opinion regarding whether the Beaufort County Board of Education has the authority to discipline one of its own members for policy or conduct violations in executive session pursuant to Section 30-4-70(a)(1) (2007 & Supp. 2015) of the South Carolina Freedom of Information Act.

Requested by Drew H. Davis, Esq., General Counsel, Beaufort County Board of Education.

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January 26, 2016

Opinion regarding books and records inspection for homeowners associations in South Carolina.

Requested by Senator Tom Davis.

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December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

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November 16, 2015

Opinion regarding the authority of town council to have an elected member of council removed by vote.

Requested by The Honorable Joe Nates, Chief of Police, Irmo Police Department.

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November 13, 2015

Opinion related to S.C. Code Ann. §7-3-20(C)( 12)(Supp. 2014), providing that the executive director of the South Carolina Election Commission shall “furnish at reasonable price any precinct lists to a qualified elector requesting them.”

Requested by Marci Andino, Executive Director, South Carolina Election Commission.

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

Requested by The Honorable Molly M. Spearman, State Superintendent of Education, South Carolina Department of Education.

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July 6, 2015

Opinion regarding the legality of city council meetings alleged to be illegal pursuant to the South Carolina Freedom of Information Act.

Requested by The Honorable Joe Owens, Mayor of West Columbia.

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February 25, 2015

Opinion regarding whether a “walk through” of the “Old Simpsonville School Building” / “‘Arts Center” attended by two of the three members of the Council’s Recreation and Events Committee would be subject to the open meeting requirements of the Freedom of Information Act.

Requested by Phyllis Long, City Clerk, Simpsonville City Council.

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February 19, 2015

Opinion regarding Freedom of Information Act requests made by a constituent.

Requested by The Honorable Bill Herbkersman, Representative, District No. 118.

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December 4, 2014

Opinion regarding a Freedom of Information Act request that was received by the Fairfield County Detention Facility.

Requested by John E. James, III, County Attorney for Fairfield County.

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October 16, 2014

Opinion regarding whether an individual member of a town council in a council form of government, without prior vote of a majority of council, has authority to independently review employee personnel files, cell phone records which are paid for by the town, and professional contract documents.

Requested by J. Martin Harvey, Esq., Allendale Town Attorney.

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September 12, 2014

Opinion regarding whether the Fifth Circuit Solicitor’s Office may create a nonprofit eleemosynary corporation as a foundation to provide first aid kids to aid participants in the Veterans and treatment court programs.

Requested by The Honorable Dan Johnson, Fifth Circuit Solicitor.

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August 25, 2014

Opinion regarding whether the Election Commission should proceed with placing the form of government referendum question for the Town of Chapin on the November 4, 2014 general election ballot.

Requested by Jeff M. Anderson, Esq., Attorney for the County of Lexington.

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August 5, 2014

Opinion regarding “Simpsonville has just implemented Standing Committees with three council members on each committee. Two friends that have always gone to lunch and on day trips together happen to be on a committee together. Since the two now present a quorum, does this mean they will no longer be able to socialize?”

Requested by: The Honorable Geneva Lawrence, Mayor pro tempore, Simpsonville City Hall

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August 4, 2014

Opinion regarding “[a] County Clerk of Court recently received a request pursuant to the S.C. Freedom of Information Act (“FOIA”) from a citizen asking for names and contact information of County grand jurors.”

Requested by: Mr. Robert L. McCurdy, Assistant Director, South Carolina Court Administration, South Carolina Supreme Court

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July 29, 2014

Opinion asking may Coastal Carolina University establish a research foundation to process grants, contracts and other documents.

Requested by: Timothy E. Meacham, Esquire, Coastal Carolina University Counsel

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April 10, 2014

Opinion concerning several issues related to the expungement of criminal records.

Requested by: The Honorable Steve Loftis, Sheriff, Greenville County

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March 12, 2014

Opinion regarding whether a governmental entity can donate money to a private religion-based educational institution.

Requested by: The Honorable Dennis C. Moss, Member, House of Representatives

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January 14, 2014

Opinion asking does the Charleston County Aviation Authority have to go through the process under the South Carolina Consolidates Procurement Code (“S.C. Procurement Code”) pursuant to S.C. Code 11-35-10 et seq. for a written contract with its legal counsel will work pursuant to contract and not as an employee?

Requested by: Andrew J. Savage, III, Chairman, Charleston County Aviation Authority Board

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December 30, 2013

Opinion concerning a request under the Freedom of Information Act (FOIA) for an incident report concerning an alleged assault committed by one minor child against another that took place at a local middle school.

Requested by: Paige E. Tiffany, Esquire, City of Aiken

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October 29, 2013

Opinion regarding expungement of criminal records.

Requested by Chief Mark Keel, SC Law Enforcement Division

Read full opinion here.

October 28, 2013

Opinion regarding issues related to the Freedom of Information Act. Specifically, explain that the District’s Superintendent “ has requested that his evaluation be conducted in open session” rather than executive session which, based upon the materials you have provided us, appears to be the District’s standard policy.

Requested by: D. Laurence McIntosh, Attorney, Florence District One School Board.

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October 24, 2013

Opinion concerning the release of “dual arrest” incident reports under the Freedom of Information Act (FOIA) where one arrestee has had the records pertaining to his or her charge expunged but the other has not.

Requested by:  Chief Gregory C. Mullen, City of Charleston Police Department

Read full opinion here. 

August 20, 2013

Opinion regarding the Victim’s Bill of Rights.  The Victim of a crime in South Carolina has a constitutional right to access the documents relating to the crime in which they were involved in before trial.

Requested by:  Debbie D. Curtis, Crime Victims’ Ombudsman, Office of Crime Victims’ Ombudsman

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April 30, 2013

Opinion related to the Little Mountain Reunion (the “Reunion”), a festival that has historically been held on an annual basis in the Town of Little Mountain (the “Town”).

Requested by: The Honorable Jana W. Jayroe, Mayor, Town of Little Mountain

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March 4, 2013

Opinion seeking the interpretation of S.C. Code § 30-4-40(a)(13) of the Freedom of Information Act (“FOIA”). Specifically, asking whether the above provision requires the disclosure of materials gathered to fill a governmental position for which there are three or more final applicants when an individual government employee is responsible for filing the position.

Requested by: Paul W. Dillingham, Esquire, Spencer & Spencer, P.A.

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December 17, 2012

Opinion concerning voting rights and weighted voting for the Jasper County Delegation (the “Delegation”).

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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November 28, 2012

Opinion concerning a request under the Freedom of Information Act (“FOIA”) for certain financial records related to the Camden City Drug Fund.

Requested by: W. Kevin Bronson, City Manager, City of Camden

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October 25, 2012

Opinion concerning the Inspector General’s responsibilities under the Freedom of Information Act (“FOIA”) in light of the recent enactment of Act No. 105 of 2012.

Requested by: Patrick J. Maley, Inspector General, Office of the Inspector General

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October 12, 2012

Opinion questioning the current method of voting for replacements on boards and commissions by Fairfield County Council using voice vote by each council member to designate a number for a vote instead of a candidate’s name violate the South Carolina Freedom of Information Act (“FOIA”)?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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October 8, 2012

Opinion regarding civil contempt being transmitted to SLED via live scan for placement on the National Crime Information Center (“NCIC”).

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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August 28, 2012

Opinion asking (1) whether or not the attendance of a BPW member may be via telephone, (2) whether or not a member present via telephone may be counted as part of a quorum, and (3) whether or not the vote of a member attending via telephone is valid.

Requested by: Will Martin, Manager, Bamberg Board of Public Works

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December 5, 2011

Opinion concerning a Freedom of Information Act (FOIA) request that was received and responded to by the City of Columbia (“the City”). Specifically, as to whether the requested information is a matter of public record subject to disclosure and, if so, whether the so-called “privacy exemption” allowed the City to withhold or redact any of this information.

Requested by: Kenneth E. Gaines, City Attorney, City of Columbia

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October 21, 2011

Opinion regarding county veterans’ affairs officers. Specifically, whether employees of a county veterans’ affairs officer are county employees, and to whom these employees are accountable.

Requested by: The Honorable Mike Forrester, Member, House of Representatives

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September 7, 2011

Opinion asking whether the Greenville Legislative Delegation must “use the weighted vote of the entire Delegation, or may we use the weighted vote of a quorum, present and voting, to determine the outcome of a motion.”

Requested by: The Honorable Michael L. Fair, Senator, District No. 6

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August 25, 2011

Opinion regarding the policy of Spartanburg School District Three (the “School District”) requiring visitors to produce identification for scanning when entering a public school.

Requested by: The Honorable Shane Martin, Senator, District No. 13

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August 8, 2011

Opinion questioning whether the Jenkinsville Water Company is a public body for purposes of the Freedom of Information Act and is subject to the Act’s disclosure requirements.

Requested by: The Honorable Creighton B. Coleman, Senator, District No. 17

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August 8, 2011

Opinion regarding expungement orders. Specifically, whether “an order for expungment requires destruction of all or part of [DPPPS’s] offender file?”

Requested by: Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services

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June 21, 2011

Opinion questioning whether pursuant to South Carolina’s Freedom of Information Act (“FOIA”), S.C. Code Ann. §§ 30-4-10 et seq., are inmates’ personal telephone calls subject to disclosure; and…. , is security footage from a jail’s booking area and/or other areas within a jail subject to disclosure.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Facility

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April 29, 2011

Opinion regarding a constituent’s request to the City of Myrtle Beach pursuant to the Freedom of Information Act (“FOIA) concerning the “Gayden Cabana Project”. Specifically as to whether your constituent should pursue the matter further with the City of Myrtle Beach as well as information regarding what recourse a citizen may have as a result of the City’s apparent non-response to the FOIA request.

Requested by: The Honorable Luke A. Rankin, Member, SC Senate

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April 6, 2011

Opinion concerning the applicability of the Drivers’ Privacy Protection Act with a data request by the South Carolina Court System.

Requested by: Mr. Kevin A. Shwedo, Executive Director, SC Department of Motor Vehicles

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April 5, 2011

Opinion concerning the implementation of Act 277 of 2010, which requires the Department of Motor Vehicles to place an “identifying code” on the back of the driver’s licenses of persons convicted of a “crime of violence.”

Requested by: Mr. Kevin A. Shwedo, Executive Director, SC Department of Motor Vehicles

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March 29, 2011

Opinion concerning information requests from individuals who are incarcerated by the South Carolina Department of Corrections (SCDC). Specifically, whether the State Library has “the legal right to refuse information requests initiated by incarcerated citizens,” or “does the legal right to restrict information requests from inmates reside with the [SCDC]?”.

Requested by: David S. Goble, Director, South Carolina State Library

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February 23, 2011

Opinion questioning the authority of the Coroner, Fire Chief and law enforcement during an investigation.

Requested by: The Honorable Richard Carter, Chief Deputy Coroner, Colleton County

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February 16, 2011

Opinion concerning the legal requirements with regard to the retention of certain municipality records being stored by the Town of Fort Lawn.

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Requested by: The Honorable John Rumford, Mayor, Town of Fort Lawn

February 3, 2011

Opinion concerning the Jasper County Board of Zoning Appeals.

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Requested by: Marvin C. Jones, Esquire

September 29, 2010

Opinion regarding the department’s ability to charge for time and resources used in satisfying discovery motions. Specifically, “whether or not [the department] can charge attorneys and other persons that make a discovery motion.”

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Requested by: Charles E. McNair, Director, Cayce Department of Public Safety

September 8, 2010

Opinion concerning actions taken by the South Carolina State University Board of Trustees with regard to the election of its president.

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Requested by: The Honorable Robert Ford, Member, SC Senate

July 19, 2010

Opinion questioning whether copies of arrest warrants and incident reports maintained at the Spartanburg County Detention Center must be made available for walk-in inspection by the media.

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Requested by: William McBee Smith, Esquire

July 9, 2010

Opinion concerning a new health insurance rate structure implemented by the City of Beaufort.

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Requested by: The Honorable Shannon S. Erickson, Member, House of Representatives

May 25, 2010

Opinion concerning the Rural Fire Board entering into the executive session

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Requested by: Domenic Manera, Fire Chief, York Fire Department

May 17, 2010

Opinion questioning whether information relating to EMS calls are subject to confidentiality pursuant to S.C. Code Ann. §§ 44-61-160(A) and 40-71-20.

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Requested by: The Honorable Joel Lourie, Member, SC Senate

May 12, 2010

Opinion concerning the Freedom of Information Act and a list of school district employee salaries.

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Requested by: The Honorable John M. “Jake” Knotts, Jr., Member, SC Senate

February 24, 2010

Opinion questioning whether boating accident reports are now available under this State’s Freedom of Information Act, S.C. Code Ann. §§ 30-4-10 seq., for public release.

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Requested by: Buford S. Mabry, Jr., Chief Counsel, SC Department of Natural Resources

January 12, 2010

Opinion questioning whether the Commission would be in violation of Section 42-19-40 if you provide the Single Commissioner Hearing Roster and a listing of pending cases to be set for hearing, if the Commission is satisfied of the parties’ interest in such records and of the right to inspect them.

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Requested by: Gary M. Cannon, Executive Director, SC Workers’ Compensation Commission

August 19, 2009

Opinion referencing S.C. Code Ann. concerning § 44-61-160 and regarding the breadth of the confidentiality of data collected which is related to the opinion of the emergency services system in Beaufort County.
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Requested by: Ladson F. Howell, Esquire

June 9, 2009

Opinion questioning if “the opinion of the Attorney General’s Office changed or may a public school district board of trustees with a board policy that permits amendments of its agenda by majority vote of its members still properly amend its agenda at the beginning of a meeting pursuant to such policy without violating FOIA?”
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Requested by: Kenneth E. Darr, Esquire

March 16, 2009

Opinion regarding the impact whether of the decision of the Fourth Circuit Court of Appeals in Vander Linden v. Hodges, 193 F.3d 268 (4th Cir. 1999).
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Requested by: The Honorable Harold Mitchell, Member, House of Representatives

January 23, 2009

Opinion questioning whether the State Law Enforcement Division and the State Department of Public Safety are cabinet positions or function as stand-alone agencies.

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Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

December 23, 2008

Opinion regarding the Beaufort County Sheriff’s Office policy “regarding access to police reports and the Freedom of Information Act.”

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Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

September 24, 2008

Opinion questioning whether Supreme Court Justices, Judges of the Court of Appeals, Judges of the Circuit Courts, and Judges of the Family Courts are required to have individual bonds, or whether they can be covered under the Judicial Departments’ blanketed bond.

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Requested by: Julie Boland, South Carolina Judicial Department

August 14, 2008

Opinion concerning voting procedures for the State Health Planning Committee (the “Committee”). Specifically, you inquire as to whether the Committee “violated the South Carolina Freedom of Information Act in the conduct of a June 27, 2008 public meeting by utilizing a written ballot procedure with ballots not being available at the meeting and by counting a proxy vote from a member not present at the meeting.”

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Requested by: The Honorable Nikki G. Setzler, Member, SC Senate

June 13, 2008

Opinion concerning the removal of a county veterans affairs officer from office.

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Requested by: The Honorable Dennis Moss, Member, House of Representatives

May 14, 2008

Opinion concerning the Governor’s Executive Order No. 2007-14 and “whether there is any legal basis to support this legislative division’s request that all spending data related to legislative departments to be removed from the Spending Transparency website…”.

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Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

May 6, 2008

Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).

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Requested by: The Honorable Phil P. Leventis, Member, Senate

May 5, 2008

Opinion requesting the review of S.C. Code Ann. § 22-5-910.

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Requested by: Lieutenant Joe Means, South Carolina Law Enforcement Division

April 2, 2008

Opinion regarding providing the names and badge numbers of all officers employed by Rock Hill Police Department who work openly with the public.

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Requested by: Ken Fields, Investigator, Office of Professional Standards

February 25, 2008

Opinion regarding the legality of the form of school district governance by the Horry County School District referred to as “Policy Governance”.

Requested by: The Honorable The Honorable Raymond E. Cleary, III, Member, SC Senate

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November 14, 2007

Opinion on whether the Election Commission is required to provide social security numbers on lists of potential jurors.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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November 7, 2007

Opinion concerning South the Carolina Freedom of Information Act (“FOIA”). Specifically, a reporter asking to review a settlement agreement.

Requested by: Fred Washington, Chairman, Beaufort County Board of Education

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November 6, 2007

Opinion concerning the safety of the State’s hazardous waste facility located in Barnwell. And whether the public’s right of access to available information concerning the facility’s operation and safety has been fully protected.

Requested by: Carlisle Roberts, Jr., Esquire, DHEC

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October 22, 2007

Opinion regarding whether certain matters before the Greenville Technical College Area Commission must be discussed in an open session of the Commission’s meeting or whether they may be discussed in an executive session.

Requested by: Charles J. Boykin, Esquire

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July 17, 2007

Opinion on the legality of a West Union town council “emergency meeting” held at 1:30 p.m. when a scheduled special meeting had already been posted for 2:00 p.m.

Requested by: Cecilia Atkins, Clerk/Treasurer, Town of West Union

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May 21, 2007

Opinion concerning a recent ordinance passed by the City Council for the City of Woodruff. Primary concern is with the requirement that members of the Planning Commission must be both residents of the City of Woodruff and own land in the City.

Requested by: Suni McMath, Chair, Steven Teague, Vice Chair, David Thomas, Secretary, Brad Burnett, City of Woodruff Planning and Zoning Commission

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May 18, 2007

Opinion concerning the requirements for the certification of election results.

Requested by: Marci Andino, Executive Director, South Carolina Election Commission

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May 16, 2007

Opinion regarding the question of whether a municipal lawenforcement officer is authorized to routinely require a driver to provide his or her social security number upon being stopped for a traffic offense.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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May 9, 2007

Opinion as to whether a municipal law enforcement officer may require a driver to provide his or her social security number upon being stopped for a traffic offense.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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March 30, 2007

Opinion inquiring as to the Commission on Higher Education’s (“CHE’s”) ability to release student-level data under the Family Educational Rights and Privacy Act (“FERPA”).

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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March 28, 2007

Follow-up opinion to a February 28, 2007 opinion regarding First Steps to School Readiness Initiatives’ ability to gather information about individuals benefiting from First Steps’ programs. Specifically provisions of the federal Privacy Act, which could prohibit First Steps’ from requiring its program participants to give their social security numbers in order to participate in First Steps’ programs.

Requested by: Dan Wouri, South Carolina Readiness Officer, First Steps?

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March 28, 2007

Opinion on the validity of the selection of the SC Department of Transportation Commissioner in light of the requirements of 57-1-325 and other provisions of state law.

Requested by: The Honorable George E. Campsen, III, Member, South Carolina Senate

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March 14, 2007

Opinion inquiring as to the ability of the Board’s members to attend meetings via telephone.

Requested by: Pat Hudson, Chairman, State Workplace Investment Board

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January 24, 2007

Opinion dealing with the South Carolina Freedom of Information Act (“FOIA”). And a FOIA request for the names of the South Carolina Vocational Rehabilitation Department’s (“the Department’s”) employees participating in the Teacher and Employee Retirement Incentive (“TERI”) program and the dates these employees began participating in the TERI program.

Requested by: Eric S. Moore, Human Resource Director, SC Vocational Rehabilitation Department

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December 28, 2006

Opinion on the issues of “whether the St. Johns Water Company is a ‘public body’ subject to the Freedom of information Act (FOIA) requirements.”

Requested by: The Honorable Glenn F. McConnell, Member, SC Senate

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November 14, 2006

Opinion questioning as to whether “a homeowners’ association can prohibit a residential homeowner from flying the American flag on his/her property?”

Requested by: The Honorable David L. Thomas, Member, SC Senate

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October 27, 2006

Opinion regarding fees, which may be charged by an agency for production of records under the South Carolina Freedom of Information Act.

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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August 11, 2006

Opinion regarding activities of the Charleston County School Board, where certain members admitted they violated the Sunshine Law.

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

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July 7, 2006

Opinion on dual office holding (serving as a member of the Education Oversight Committee and as a member of the Public Charter School District Board of Trustees).

Requested by Ms. Jo Anne Anderson, Executive Director, Education Oversight Committee.

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May 23, 2006

Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

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May 19, 2006

Opinion regarding the applicability of the Freedom of Information Act (FOIA) to a political party caucus of the South Carolina House of Representatives.

Requested by: The Honorable James H. Merrill, House Majority Caucus Leader, House of Representatives and The Honorable J. Todd Rutherford, Member, House of Representatives

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May 5, 2006

Opinion questioning the legality of releasing the names of juvenile victims.

Requested by: The Honorable Mike E. Hunt, Sheriff, Aiken County

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March 9, 2006

Opinion in which questions whether or not the Greenville Tech Charter School having a governing board with current paid employees violates the servant / master prohibition.

Requested by: The Honorable Gary R. Smith, Member, House of Representatives

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December 21, 2005

Opinion raising several questions regarding the duties of clerks of court and registers of deeds.

Requested by: The Honorable David Hamilton, Clerk of Court, York County

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October 3, 2005

Opinion questioning whether all of the monies seized and held by a police department before the final judgment of forfeiture are considered public trust funds which must be audited.

Requested by: The Honorable Alton McCollum, Mayor, City of Bamberg

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August 25, 2005

Opinion questioning whether an ordinance setting forth the procedures for a telephonic meeting may be enacted.

Requested by: Grant W. Duffield, City Manager, City of Tega Cay

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August 19, 2005

Opinion regarding a proposed ordinance that would prohibit the filling of privately owned lakes and ponds within the boundaries of a municipality.

Requested by: Chris Noury, Esquire

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August 5, 2005

Opinion raising questions regarding the obligations of a municipality to its community, schools, day cares, businesses, etc. as to the presence of a registered sex offender who has moved into a community.

Requested by: Andy Benke, Town Administrator, Town of Sullivan’s Island

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May 18, 2005

Opinion regarding a letter you received concerning the subject of confidentiality and the allocation of funds for emergency food and shelter. Specifically, the letter questioned whether disclosure of this information was a breach of confidentiality, and whether the locals boards should require recipients to sign a release of information form before providing assistance.

Requested by: The Honorable Thomas L. Moore, Member, SC Senate

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March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

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January 27, 2005

Opinion regarding the legality of “an entity called the IRC (Investigative Review Committee) operating in conjunction with the BOE (Board of Veterinary Medical Examiners) within in the Department of Labor, Licensing, and Regulation.”

Requested by: The Honorable Danny Verdin, Member, SC Senate

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December 16, 2004

Opinion questioning whether a municipal police department and a clerk/treasurer’s office are permitted to share information between them for official business purposes and the enforcement of codes.

Requested by: Mr. Gregory S. Krabbe, City Ordinance Inspector, City of Seneca, Office of Clerk/Treasurer

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December 15, 2004

Opinion questioning whether the Commission may exercise an option to hold meeting every other month or once a quarter when the business of the agency does not require monthly meetings.

Requested by: Dr. Nell C. Carney, Commissioner, South Carolina Commission for the Blind

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October 27, 2004

Opinion questioning whether the South Carolina Association of Public Charter Schools (SCAPCS) is required to comply with this State’s Freedom of Information Act (“FOIA”) as set forth by S.C. Code Ann. Sections 30-4-10 et seq. (Supp. 2003).

Requested by: W. Fred Crawford, Principal, Greenville Technical Charter High School

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October 22, 2004

Opinion regarding “the efforts of the Hunley Commission and the Friends of the Hunley in the ongoing conservation of the Hunley…”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

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October 7, 2004

Opinion regarding “relief options” which might be available involving a situation where “non-committee members are attending meetings [of committees appointed by Mt. Pleasant Town Council], sitting with the committee and participating therewith (no voting) on a regular basis.”

Requested by: R. Allen Young, Esquire

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October 4, 2004

Opinion asking several questions raised by the St. Helena Elementary School Improvement Council.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

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March 10, 2004

Opinion regarding the roles and interrelation of the Abbeville County Council, the County Finance Director, and the County Treasurer.

Requested by: Judy F. Scott, Abbeville County Treasurer

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November 13, 2003

Opinion as to the use of what her terms “Discretionary Funds, which have been created by the County Council of Florence County.”

Requested by: The Honorable Dean Fowler, Jr., Florence County Treasurer and The Honorable Thomas E. Smith, Jr., Member, Florence County Council

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July 10, 2003

Opinion regarding Section 54-7-100 and as to whether to return a note left by Ralph Wilbanks, one of the discoverers of the H.L. Hunley submarine, that was left at the Hunley site.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, S.C. Senate

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February 26, 2003

Opinion regarding potential dual office holding when two individuals (one candidate who presently serves as a publicly elected official of the James Island Public Service District, and the other as the city’s fire chief), can continue in their present positions and simultaneously serve on the James Island Charter High School Board of Directors.

Requested by: Nancy B. Gregory, Ed.D.; Mr. Robert New, James Island Charter High School Committee

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February 18, 2003

Opinion regarding the legal and constitutional status of the Hunley Commission.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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December 10, 2002

Opinion asking whether in light of the recent amendments to S.C. Code § 2-15-120, the Audit Council can disclose “records that are not confidential at their source after they become records of the Audit Council?”

Requested by: George L. Schroeder, Director, Legislative Audit Counsel

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September 26, 2002

Opinion concerning applications of the newly-enacted Family Privacy Protection Act of 2002.

Requested by: Ronald W. Urban, Chief Counsel for Revenue Litigation, Department of Revenue

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September 17, 2002

Opinion as to “whether Act 225 passed by the General Assembly this year prohibits the dissemination of real estate information to members of the public if that information is to be used for commercial purposes.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, The Senate

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August 19, 2002

Opinion “on the legality of Mount Pleasant non-committee councilmembers attending and participating  in committee meetings.”

Requested by: The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant

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July 24, 2002

Opinion regarding a new statute recently enacted, S.C. Code Ann. Sec. 17-5-535. Specifically, requesting “a written … opinion that clears us to use photographs and/or videos in appropriate training circumstances.”

Requested by: The Honorable Gary Watts, Richland County Coroner

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June 13, 2002

Opinion responding to “concerns that Lexington Richland School District Five has violated state law.” Specifically, whether a legislator is required to pay charges for information when carrying out their legislative duties.

Requested by: The Honorable Richard M. Quinn, Jr., Member, House of Representatives

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May 16, 2002

Opinion noting that it has come to your attention that state and county agencies may be disclosing information contained in the records of service of military veterans, otherwise known as DD Form 214.

Requested by: The Honorable Converse A. Chellis, III, Member, House of Representatives

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April 26, 2002

Opinion requesting “clarification of S.C. Code § 2-15-61.” Specifically, if such provision states that Legislative Audit Council (LAC) staff members shall have access to records and facilities of state agencies to carry out its audit duties.

Requested by: Latonya Dilligard Edwards, Chief Counsel, South Carolina Commission for the Blind

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March 26, 2002

Opinion asking for clarification concerning whether the Freedom of Information Act precludes the disclosure of executive session discussions by a board member to a private organization or to a member of the public.

Requested by: Latonya Dilligard Edwards, Chief Counsel, South Carolina Commission for the Blind

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March 12, 2002

Opinion asking whether the Family Education and Privacy Rights Law (20 U.S.C. § 1232(2)) [Buckley Amendment] prohibits an individual school board member from having access to student records, as distinguished from other records (such as financial records, personnel records) of the District.

Requested by: Dr. Phillip J. McDaniel, Superintendent, Rock Hill School District

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January 10, 2002

Opinion questioning the constitutionality of publishing outstanding arrest warrants on the internet.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

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November 28, 2001

Opinion relating to the scope of South Carolina’s Freedom of Information Act.

Requested by: Lt. Michael Frank, ACSO Public Information/ Special Projects, Aiken County Sheriff’s Office

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August 22, 2001

Opinion concerning the release of information obtained in business license applications pursuant to the Freedom of Information Act.

Requested by: The Honorable Daniel T. Cooper, Member, House of Representatives

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August 8, 2001

Opinion addressing concerns about the local rescue sqad taking pictures of deceased individuals at accident scenes.

Requested by: The Honorable J. Todd Hardee, Darlington County Coroner

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July 18, 2001

Opinion concerning the propriety of the actions of the Jasper County Council in approving the county’s purchase of military time for county employees over the age of fifty and with at least ten years of service to the county.

Requested by: Darrell Thomas Johnson, Jr., Esquire

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May 22, 2001

Opinion regarding the applicability of the Freedom of Information Act to parole voting decisions.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

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February 26, 2001

Opinion concerning a recent increase in rates for copies of drivers’ records.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

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February 15, 2001

Opinion concerning the Freedom of Information Act and its application to the Chester County Economic Development Board.

Requested by: Milton E. Hamilton, Esquire

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January 10, 2001

Opinion concerning the Freedom of Information Act. Specifically asking whether the Freedom of Information Act requires disclosure of the full arrest record in the absence of an expungement or court order.

Requested by: The Honorable Mark Struthers McBride, Mayor, City of Myrtle Beach

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October 2, 2000

Opinion inquiring whether local law enforcement officers can obtain customer address information from the Seneca Light and
Water Plant.

Requested by: The Honorable Danny Singleton, Municipal Judge, Seneca Municipal Court

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June 28, 2000

Opinion informing this Office that pursuant to S.C. Code Ann. § 4-9-30(12), Charleston County imposes a business license tax on the conduct of business in the unincorporated areas of the county.

Requested by: Samuel W. Howell, IV, Esquire

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June 21, 2000

Opinion inquiring “what options are available to the members of the board regarding deviating from holding monthly meetings between now and January 2001, as [required by S.C. Code Ann. §1-31-20].”

Requested by: Janie A. Davis, Executive Director, Commission for Minority Affairs

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April 18, 2000

Opinion as to the constitutionality of House Bill 4534, an act that would prohibit a public body from selling, providing or furnishing to a private person or entity a public record for use in a commercial solicitation.

Requested by: The Honorable John D. Hawkins, Member, House of Representatives

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September 24, 1999

Opinion questioning the constitutionality of Act No. 733 of 1967, concerning the Georgetown County water and Sewer District.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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July 1, 1999

Opinion regarding the grounds for and the procedure to be followed in removing a member of the Georgetown County Planning Commission.

Requested by: Jack M. Scoville, Jr., Esquire, Georgetown County Attorney

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June 17, 1999

Opinion asking whether an agency must delete suspect information from an incident report prior to releasing it if the investigation is ongoing, a warrant has not yet been issued, or the suspect has not been convicted?

Requested by: Tom O. Gainey, Chief Deputy, Darlington County Sheriff’s Department

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May 18, 1999

Opinion regarding the amendment of South Carolina Code Sections 20-1-220 and 44-63-75, effective June 10, 1997, as well as the impact of the amended statutes under the South Carolina Freedom of Information Act.

Requested by: Mary S. Schroeder, Interim Director, South Carolina Court Administration

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November 19, 1998

Opinion asking whether adoption records may be available to the public.

Requested by: Josephine Flemings, Office of the Clerk, Greenville County

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October 7, 1998

Opinion concerning whether the following statement is a correct interpretation of the Freedom of Information Act: while materials regarding official delegation business are subject to disclosure, documents of individual legislative members are exempt from disclosure.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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September 30, 1998

Opinion informing that the position of Executive Director of the Aiken County Registration and Election Commission will become vacant upon the December retirement of the present executive director.
Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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September 2, 1998

Opinion asking whether you have a duty to provide statements of worth to magistrates and municipal judges for use in determining a person’s worth to sign a surety bond. Also, asking whether you must provide statements to people stating that they have no judgments or liens pending against them.

Requested by: The Honorable Sallie G. Smith, Clerk of Court

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February 25, 1998

Opinion asking as to whether certain documents related to the recruitment of industry, but created after a business has decided to locate in South Carolina, are subject to the Freedom of Information Act.

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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February 12, 1998

Opinion asking whether the Saluda County Election and Voter Registration Commission (hereinafter “the Commission”)  or the Saluda County Council has the final decision making authority in the process of hiring a secretary and informing that the Commission held a meeting to interview candidates for the position.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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January 7, 1998

Opinion informing that Mr. Edwin Sanders has attempted to obtain a copy of Budget and Control Board Report #2 relating to the New Ellenton Sewer System through the Freedom of Information Act (hereinafter “FOIA”).

Requested by: The Honorable T. Scott Beck, Member, House of Representatives

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December 1, 1997

Opinion advising that on November 5, 1997, the Town of Blackville received a request from a Barnwell newspaper requesting a copy of all telephone bills including cellular telephone bills from all Blackville Town Departments.

Requested by: Harold D. Sims, Chief of Police, Blackville Police Department

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September 23, 1997

Opinion regarding the Mayor, Town Council, and Town Attorney of the Town of Santee.

Requested by: Robert L. Williams, Police Chief, Town of Santee.

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August 20, 1997

Opinion requesting as to whether under the circumstances described in your letter, a violation of the Freedom of Information Act, or any other provision of law, may have occurred.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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June 27, 1997

Opinion noting that “[a]nnually, Lexington County Health Services District, Inc. has an external C.P.A.  firm perform a financial audit as well as a management letter which are presented to the Board for the Health District.” The opinion discusses the circumstances under which the audit report and/or management letter could be discussed in executive session.

Requested by: James Randall Davis, Esquire

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June 23, 1997

Opinion regarding the Freedom of Information Act.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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June 12, 1997

Opinion regarding the Freedom of Information Act.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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December 3, 1996

Opinion seeking advice on the following question: [t]the Compliance Review Committee is requesting a formal opinion regarding any potential liability which may accrue to the State of South Carolina as a result of equity investments by a non profit corporation established by an authority of the State.

Requested by: Kenneth D’vant Long, Director, State Reorganization Commission

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October 9, 1996

Opinion concerning how the Fairfield County Multijurisdictional Drug Task Force can dispose of two (2) vehicles which were purchased with drug proceeds.

Requested by: Lieutenant Keith Lewis, Fairfield County Multijurisdictional Drug Task Force

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October 8, 1996

Opinion concerning: If a member of the “…committee of the whole” is not a member of a subcommittee, can this board member attend subcommittee meetings? In other words, can a member of the overall board who is not a member of the Executive Committee attend the Executive Committee subcommittee meetings?

Requested by: William P. Edenfield, Member, Board of Trustees

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September 24, 1996

Opinion concerning the Freedom of Information Act, and asking “How soon does the law require a matter to be released to the public?”; “How much of an incident report has to be released?”; and “Can any matter in an incident report be withheld? If so, what matters specific matters can be withheld?”

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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September 11, 1996

Opinion requested to revisit an opinion of the Attorney General’s Office dated July 20, 1979, addressing a provision contained in the South Carolina Atomic Energy and Radiation Control Act dealing with the confidentiality of information obtained by DHEC in investigating radiation sources.

Requested by: The Honorable John E. Courson, Senator, District No. 20

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September 6, 1996

Opinion requested regarding the legality of delegation of loan approval authority to a committee of the board or staff by JEDA, as well as the legality of ownership investment by the not-for-profit corporation established by JEDA, Carolina Capital Investment Corporation.

Requested by: Kenneth D’Vant Long, Director, State Reorganization Commission

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August 14, 1996

Opinion regarding S.C. Code Ann. 388-53-310 (1995 Cum. Supp.) which requires professional bail bondsmen to file with the clerk of court of the county of his principal place of business a written report regarding all the bail bonds on which he is liable as of the first day of each month, and inquiring whether or not this report should be available to the public, specifically competitors.

Requested by: Derrick K. McFarland, Staff Attorney, S.C. Court Administration

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July 8, 1996

Opinion concerning the expungement of records and police department compliance with orders of expungement.

Requested by: J. Chad Caldwell, Chief of Police, City of North Charleston

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July 5, 1996

Opinion seeking as to whether it is legal for the South Carolina Department of Corrections to ask for a social security number of a person who is visiting an inmate in one of the State’s prisons.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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March 5, 1996

Opinion inquiring, on behalf of the Charleston County Department of Assessments and Mapping, whether a county assessor is required by S.C. Freedom of Information Act, S.C. Code Ann. 30-4-10 et seq. to compile a report of all properties meeting certain criteria selected by the requestor and to provide that report on the media of the requestor’s choosing.

Requested by: A. Arthur Rosenblum, Esquire, Charleston County Attorney

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January 29, 1996

Opinion concerning whether it is legal to have the blood of the deceased tested for HIV virus and Hepatitis B and give the results to their caregivers.

Requested by: The Honorable Jim Burnett, Coroner, Spartanburg County

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January 22, 1996

Opinion concerning whether Section 56-5-750 is retroactive for expungement with all subjects who have been convicted of Failure to Stop, or is it simply for individuals arrested or convicted after the date this legislation was amended. Also, the opinion addresses the terms and conditions that must be completed.

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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November 15, 1995

Opinion asking: if, as part of ongoing contractual negotiations between the Department of the Navy and the South Carolina Hunley Commission, the Navy releases the coordinates of the location of the sunken submarine, H.L. Hunley, only to the Hunley Commission, would such coordinates then become public information?

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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October 23, 1995

Opinion concerning the requirement in this State that one’s Social Security number be furnished by an individual desiring to register to vote.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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October 9, 1995

Opinion regarding the City of Lancaster’s numerous requests for information under the Freedom of Information Act.

Requested by: Philip E. Wright, Esquire, Lancaster City Attorney

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October 4, 1995

Opinion concerning the dissemination of social security numbers which appear in documents in the office of the Clerk of Court.

Requested by: Nancy Bloodgood, Esquire, Deputy County Attorney, County of Charleston

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September 22, 1995

Opinion concerning South Carolina’s anti-stalking law “as it pertains to licensed private investigators in the process of doing their jobs.”

Requested by: The Honorable John Milton Knotts, Jr., Member of House of Representatives

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September 13, 1995

Opinion advising that the Aiken County Legislative Delegation used paper ballots to elect the chair and vice chair of the Delegation and concerning whether this violates the Freedom of Information Act.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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June 28, 1995

Opinion inquiring as to the proper procedures for Pickens County Council to follow in regards to several situations involving the Freedom of Information Act and possible dual office holding violations.

Requested by: G. Edward Welmaker, Esquire

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June 12, 1995

Opinion inquiring whether the Invitations and Memorial Resolutions Committee of the South Carolina House of Representatives may conduct a meeting with less than twenty-four hours’ notice having been given.

Requested by: The Honorable Richard M. Quinn, Jr., Member, House of Representatives

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May 16, 1995

Opinion asking for a review of a policy adopted by the Denmark Technical College Area Commission regarding public participation in its commission meetings, specifically inquiring if it falls within the guidelines and parameters of the Freedom of Information Act.

Requested by: The Honorable Wilda J. Robinson, Chairperson

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May 8, 1995

Opinion asking if the RMC Office may charge an attorney or member of the public thirty-two cents for postage to return an incorrectly executed document, or for the envelope and staff time needed.  Also, if the RMC Office may take part in a computer access program whereby, for a fee, public information already available at the Office is transmitted by modem to private offices, with the fees collected going to the County’s general funds.

Requested by: The Honorable Charlie Lybrand, Register, Mesne Conveyances

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May 1, 1995

Opinion inquiring as to whether monies and proceeds from the sale of a vehicle which was forfeited as property associated with a drug case should be placed into the account associated with the agency to be utilized for drug enforcement purposes, as stated in S.C. Code Ann. Section 44-53-530(g) (Supp. 1993).

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association

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April 10, 1995

Opinion asking “Does the word ‘compensation’ in S.C. Code Section 30-4-40(6) mean ‘total 12-month pay’ or ‘contracted salary’?” (Specifically in reference to the President of Coastal Carolina University’s wishes to release his employees’ salary information.)

Requested by: Edgar Dyer, University Counsel, Coastal Carolina University

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March 24, 1995

Opinion inquiring as to making keys to the office and filing cabinets available to one of the members of the Taylors Fire and Sewer District’s governing body.

Requested by: Patricia Welborn

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March 17, 1995

Opinion regarding as to whether a dual office holding situation exists if a member of Rock Hill City Council simultaneously serves on the governing board of the Rock Hill Economic Development Corporation (in an ex officio capacity as a member of City Council).

Requested by: Emil W. Wald, Esquire, Attorney for the City of Rock Hill

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May 19, 1994

Opinion asking, “whether it is appropriate for police officers to photograph individuals in high crime and drug areas?”

Requested by: Captain C.R. Clark, Criminal Investigation Division, City of Columbia Police Department

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March 31, 1994

Opinion inquiring on behalf of the South Carolina Real Estate Commission, whether the Commission members may deliberate on certain subjects in private, executive sessions.

Requested by: John A. Birgerson, Esquire, Staff Counsel, S.C. Real Estate Commission

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December 21, 1993

Opinion requesting as to whether a Register of Mesne Conveyance must make available mylar copies of plats.

Requested by: James T. McCarter, P.E., South Carolina State Board of Registration for Professional Engineers and Land Surveyors

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October 6, 1993

Opinion regarding the availability of information on applicants for appointment or election to boards or commissions over which the Charleston County Legislative Delegation has appointment, election, or recommending authority, pursuant to the Freedom of Information Act.

Requested by: The Honorable D.N. Holt, Jr., Chairman, Charleston County Legislative Delegation

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September 30, 1993

Opinion regarding S.C. Code Ann. §30-4-50, which in part specifically declares the names, sex, race, title, and dates of employment of all officers and employees of public bodies be public information.

Requested by: The Honorable William C. Mescher, Senator District 37

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September 29, 1993

Opinion questioning can information reported to the Department of Revenue by licensed bingo parties under Chapter 21 of Title 12 be disclosed to the public.

Requested by: Harry T. Cooper, Jr., Esquire, Director, Policy and Special Procedures

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March 18, 1993

Opinion asking whether a public agency might allow an examination of their telephone bills, but is concerned that release of the records would be an invasion of privacy.

Requested by: Candy Y. Waites, Member, House of Representatives

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August 5, 1992

Opinion concerning whether certain language of §50-21-410 would prohibit the South Carolina Wildlife and Marine Resources Department from releasing information under an FOIA request when the request is not related to boating safety.

Requested by: James A. Quinn, Esquire

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July 23, 1992

Opinion reviewing certain policies of the Taylors Fire and Sewer District relative to the Freedom of Information act and addressing the legality of those polices.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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April 28, 1992

Opinion regarding whether financial reports submitted by schools to help establish financial stability as part of the Application for License would be subject to disclosure under the Freedom of Information Act.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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April 14, 1992

Opinion regarding a portion of the newly-enacted amendments to the Freedom of Information Act. Specifically, the opinion addresses whether the terms of H. 3305 (now Act. No. 269 of 1992) inhibit in any way the accessing of home addresses and/or home telephone numbers of public employees for use by non-profit professional organizations in membership recruitment and similar activities.

Requested by: The Honorable Timothy F. Rogers, Member, House of Representatives

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January 21, 1992

Opinion advising that the Joint Appropriations Review Committee is a joint legislative committee responsible for authorizing receipt and expenditure of non-State appropriated funds that are not included in the annual appropriations act.

Requested by: The Honorable Patrick B. Harris, Chairman, Joint Appropriations Legislative Review Committee

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January 16, 1992

Opinion concerning whether the Family Counseling Center of Greenville, Inc., would be considered a public body under the Freedom of Information Act.

Requested by: The Honorable Nick A. Theodore, Lieutenant Governor, State of South Carolina

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November 20, 1991

Opinion regarding the legality of Spartanburg County Legislative Delegation members voting by written proxy on issues at local meetings when they are unable to attend such meetings.

Requested by: The Honorable Carole C. Wells, Chairman, Spartanburg County Legislative Delegation

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July 10, 1991

Opinion concerning whether publication of a Ten Most Wanted Non-supporting Parents poster and information contained therein would violate the provisions of S.C. Code Ann. §§43-5-590 and/or 43-5-610 concerning confidentiality of certain records maintained by the Department of Social Services.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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June 28, 1991

Opinion concerning whether or not the Freedom of Information Act applies to a search committee of a state university, which committee is searching for or interviewing candidates to fill a “public figure” type office. The opinion also addresses whether the Freedom of Information Act can be properly construed to allow recessing and reconvening of executive sessions between cities or across the continent without giving additional notice.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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April 8, 1991

Opinion concerning whether a member of the general public may demand the required information from the transmittee of abandoned property if the property’s holder transmits the same to the Tax Commission without providing such information.

Requested by: The Honorable James C. Johnson, Member of House of Representatives

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April 5, 1991

Opinion regarding whether the conclusion of an opinion dated January 22, 1991, which states that a meeting of a school district board of trustees must be held within the geographic confines of the school district, would also apply to city and county council meetings.

Requested by: The Honorable Warren K. Giese, Senator, District No. 22

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January 22, 1991

Opinion concerning whether the Board of Trustees of Richland County School District Two may meet outside the geographic confines of that district for the purpose of discussing District or Board business when no vote is being taken committing the District or Board to a course of action.

Requested by: The Honorable Warren K. Giese, Senator, Richland County

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January 18, 1991

Opinion reviewing a past opinion dated June 24, 1981 and addressing the question of whether or not it still represents the opinion of this Office.

Requested by: George L. Schroeder, Director, Legislative Audit Council

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September 26, 1990

Opinion requesting that this Office review its opinion of June 24, 1981, with respect to disclosure of files, records, or information of the Legislative Audit Council compiled in the process of undertaking “sunset reviews” of various boards or commissions of this State.

Requested by: George L. Shroeder, Director, Legislative Audit Council

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September 21, 1990

Opinion concerning whether the records of the Legislative Audit Council, compiled during a “sunset review” of a state agency remain confidential once the audit results are published.

Requested by: The Honorable Ernie Passailaigue, Senator, District No. 43

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March 30, 1990

Opinion concerning whether federal requirements for reporting child support information to consumer reporting agencies conflict with the State Freedom of Information Act; and whether a contract provision that the request for information is on-going is sufficient to comply with the federal statutory requirements.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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March 15, 1990

Opinion concerning whether the presence of a requirement that local zoning regulations be designed to “lessen congestion in the streets” prevents the use of the zoning regulations to rezone land to a higher use category with the expectation that unmitigated traffic congestion will result in certain places.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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January 24, 1990

Opinion concerning whether the decision of the United States Supreme Court in United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U. S. __, 109 S. Ct. __, 103 L. Ed. 2d 774 (1989), would be applicable to the South Carolina Law Enforcement Division (SLED) as a central records repository and how the decision might affect certain record screenings an dissemination of conviction data.

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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November 14, 1989

Opinion concerning whether the names or applications for nomination to the Public Service Commission, as submitted to the Public Service Merit Selection Panel, would be disclosable under South Carolina’s Freedom of Information Act.

Requested by: The Honorable Donald H. Holland, Senator, District No. 27

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October 11, 1989

Opinion concerning the requirements for proper notification as to meetings of public bodies under the Freedom of Information Act.

Requested by: Millard G. Smith, Executive Secretary, Anderson County Department of Education

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September 21, 1989

Opinion concerning whether the Charleston Harbor Estuary Citizen’s Committee would be a public body and thus subject to the requirements of the South Carolina Freedom of Information Act, Section 30-4-10 et seq., Code of Laws of South Carolina (1988 Cum. Supp.)

Requested by: Ms. Margaret A. Davidson, Executive Director, South Carolina Sea Grant Consortium

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August 1, 1989

Opinion concerning the authority of clerks of court, magistrates and municipal court judges to release search warrants, arrest warrants and bench warrants.

Requested by: George A. Markert, Assistant Director, South Carolina Court Administration

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June 22, 1989

Opinion concerning enforcement procedures to compel compliance with the Freedom of Information Act by a public body.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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May 2, 1989

Opinion concerning whether certain interpretation of Section 2-49, 2-50, 2-59, and 2-63 of the Spartanburg City Code are correct.

Requested by: H. Spencer King, Esquire, Spartanburg City Attorney

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March 14, 1989

Opinion concerning whether it is permissible to elect a Chairman and Vice-Chairman of Laurens County Council by secret ballot.

Requested by: Thomas A. Babb, Esquire, Laurens County Attorney

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February 27, 1989

Opinion regarding the South Carolina Medically Indigent Assistance Act, Sections 44-6-170 and 44-6-180 of the South Carolina Code of Laws in particular.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistical Service, Budget and Control Board

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February 23, 1989

Opinion questioning the applicability of this State’s Freedom of Information Act to prefiled indictments.

Requested by: Nancy E. Shealy, Esquire, Staff Attorney, South Carolina Court Administration

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October 28, 1988

Opinion regarding the use of the form and the appointment procedure to the Charleston County Medical Examiners Board.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Joint Delegation, Charleston County

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October 18, 1988

Opinion regarding what policies or rules the Division of Human resource Management of the State Budget and Control Board or any other means of sonic reproduction at a hearing of the State Employee Grievance Committee.

Requested by: Phyllis M. Mayes, Executive Director, Division of Human Resource Management

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September 28, 1988

Opinion concerning whether a school district must supply a list of all graduating senior of a high school in that district.

Requested by: The Honorable James H. Hodges, Member, House of Representatives

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August 2, 1988

Opinion concerning the effect of Act No. 541 on the FLEX Examination standards of Regulations No. 81-80 and 81-90 of the Board of Medical Examiners.

Requested by: Stephen S. Seeling, Executive Director, State Board of Medical Examiners

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June 2, 1988

Opinion concerning whether two employee organizations recognized by the South Carolina Department of Social Services would be considered public bodies and thus subject to the requirements of the Freedom of Information Act.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department

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May 26, 1988

Opinion providing clarification of the first paragraph of the second column of “The Attorney General’s Opinion” in the November 1987 issue of Uptown, the bulletin of the Municipal Association of South Carolina.

Requested by: H. Spencer King, Esquire, Spartanburg City Attorney

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May 26, 1988

Opinion regarding the extent to which the Appalachian Council of Governments, as a “third party public agency”, would have a legal obligation to release information regarding salaries paid to various city and governmental employees to the media or the public.

Requested by: The Honorable Joe B. Davenport, Chairman, Appalachian Council of Governments

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April 11, 1988

Opinion concerning whether the Charleston Memorial Hospital Advisory Committee, appointed by Charleston County Council, properly entered executive session with respect to information-gathering which will affect the contractual negotiations between Charleston County Council and one or more of the hospitals in Charleston.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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April 11, 1988

Opinion concerning whether out-of-court settlement documents for a lawsuit wherein public funds have been expended by a government agency are “public records” subject to disclosure pursuant to the Freedom of Information Act.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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March 30, 1988

Opinion concerning whether this State’s Freedom of information Act requires the release of a recorded 911 call made by a young boy after he shot and killed two individuals who had broken into his house.

Requested by: The Honorable Larry D. Smith, Sheriff, Spartanburg County

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February 29, 1988

Opinion concerning the governing body of the Boiling Springs Volunteer Fire Department and their operations.

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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February 5, 1988

Opinion concerning whether School Improvement Councils would be considered “public bodies” under the South Carolina Freedom of Information Act.

Requested by: Dr. Vance O. Johnson, District Superintendent, Newberry County Public Schools

Read full opinion

January 26, 1988

Opinion concerning the appropriations of an executive session during a meeting of the York City Council to discuss issues which are apparently causing some conflict between the Mayor and City Manager of York.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14; William M. Brice, Jr., York City Attorney

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January 14, 1988

Opinion concerning whether the Freedom of Information Act would prohibit the filming of a public meeting of a public body by a member of the public using a home video camera.

Requested by: The Honorable Ryan C. Shealy, Senator, District No. 24

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January 14, 1988

Opinion regarding what constitutes a vote in executive session and whether ad hoc committees established by the Mayor and Council, having only advisory functions, are subject to the Act.

Requested by: Stephen A. Kern, Esquire, Greenville City Attorney

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December 8, 1987

Opinion concerning whether the executive incentive pay plan for the South Carolina State Ports Authority is a Constitutional practice.

Requested by: The Honorable Thomas F. Hartnett, Member, South Carolina State Ports Authority

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November 30, 1987

Opinion regarding whether a citizen of a county who lives within a municipality of the county may be denied the opportunity to speak before county council because he is a citizen of the municipality.

Requested by: The Honorable Derwood L. Aydlette, Jr., Member, House of Representatives

Read full opinion

 

October 16, 1987

Opinion concerning whether the South Carolina Wildlife and Marine Resources Department acted properly in rescinding the 1975 easement without following procedures established by the Division of General Services relative to the disposal of State property and without obtaining permission of the State Budget and Control Board. Also addresses issues related to the States Freedom of Information Act, Section 30-4-10 et seq. of the of the Code, and if the proposed transaction violates Article III, Section 31 of the South Carolina Constitution.

Requested by: The Honorable Eugene D. Foxworth, Jr., Member, House of Representatives

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September 4, 1987

Opinion concerning whether a dual office holding situation exists if a school board trustee simultaneously accepts a county or state level appointment to another board with the Laurens County Long-Range Planning Committee, and the South Carolina Migratory Waterfowl Committee.

Requested by: The Honorable James W. Johnson, Jr., Member, House of Representatives

Read full opinion

August 26, 1987

Opinion concerning the liability of a state agency in the release information regarding archeological sites located on private land.

Requested by: Bruce E. Rippeteau, Director, South Carolina Institute of Archaeology and Anthropology

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July 24, 1987

Opinion asking whether a public body is required to keep verbatim minutes of its public meetings pursuant to the Freedom of Information Act, Section 30-4-10 et seq., Code of Laws of South Carolina (1986 Cum. Supp., as amended).

Requested by: The Honorable Charles L. Powell, Senator, District No. 4

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July 16, 1987

Opinion concerning several questions in regard to the Freedom of Information Act.

Requested by: The Honorable Earle E. Morris, Jr., Comptroller General, State of South Carolina

Read full opinion

May 14, 1987

Opinion asking can a school board member serve on a local school board and live not only out of the district he represents, but out of the country? And, can a legislative delegation or a member thereof request a copy of the expenditures of the school districts represented by the delegation?

Requested by: The Honorable George H. Bailey, Member, House of Representatives

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October 15, 1986

Opinion concerning Section 30-4-20(a), Code of Laws of South Carolina (1985 Cum. Supp.), specifically includes the South Carolina Public Service Authority within the definition of the term “public body.” Clearly, then, that entity is subject to the Freedom of Information Act, except as the various exemptions may apply.

Requested by: The Honorable Alex Harvin, III, The Majority Leader, House of Representatives

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September 22, 1986

Opinion concerning whether the Freedom of Information Act (FOIA) requires SLED to either disclose or not disclose investigative reports prepared by that agency regarding alleged criminal violations.

Requested by: J.P. Strom, Chief, South Carolina Law Enforcement Division

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September 19, 1986

Opinion concerning whether a state agency may lease state property to private individuals and then refuse to release the names and locations of the individuals and property under the Freedom of Information Act.

Requested by: The Honorable Alex Harvin, III, The Majority Leader, House of Representatives

Read full opinion

 

June 3, 1986

Opinion concerning proposed amendments to § 43-38-20 of the Code. As originally enacted, this section authorizes the Governor’s Ombudsman “to investigate any problem or complaint on behalf of any interested party or any client, patient or resident of any facility as defined in this chapter.” The section further states that “[i]n carrying out any such investigation, he may request and receive written statements, documents, exhibits and other items pertinent to the investigation.”

Requested by: The Honorable Marshall B. Williams, Member, South Carolina Senate

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May 13, 1986

Opinion concerning whether there are any criminal penalties for the unauthorized release by an Industrial Commissioner of a settlement agreement reached in connection with a worker’s compensation case.

Requested by: The Honorable Addison G. Wilson, Member, South Carolina Senate

Read full opinion

May 1, 1986

Opinion concerning questions related to the Freedom of Information Act and acquisition or disposal of real estate by a city council.

Requested by: Stephen A. Kern, Esquire, Greenville City Attorney

Read full opinion

April 15, 1986

Opinion concerning the election of district highway commissioners pursuant to Sections 57-3-220 and 57-3-240, Code of Laws of South Carolina (1976 & 1985 Cum. Supp.).

Requested by: Stephen L. Elliott, Staff Counsel, Education and Public Works Committee, House of Representatives

Read full opinion

February 13, 1986

Opinion concerning whether accident reports prepared and filed by law enforcement officers are confidential.

Requested by:  J. Stanley Bird, Chief of Police

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January 15, 1986

Opinion concerning whether a college president could issue a letter of tenure and bind the college and its board of trustees by granting an administrative official tenure as a professor with a guaranteed salary position of 75 percent of whatever the previous administrative salary was without formal board approval or other board approval? Must there be board of trustees approval, formal or informal, of any contract for employment? In other words, for a contract to be properly ratified and become binding on the institution, must it be considered by the board of trustees at a duly called meeting? Can it be done in executive session without ever having it ratified in open session?

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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December 17, 1985

Opinion as to the applicability of South Carolina’s Freedom of Information Act to an ad hoc committee appointed by Laurens County Council established to consider the long-range needs of Laurens County and make a report to County Council.

Requested by: Thomas A. Babb, Esquire, Laurens County Attorney

Read full opinion

November 15, 1985

Opinion on the payment of funds by Clemson University to its former President and athletic director.

Requested by The Honorable Thomas A. Limehouse, Member, South Carolina House of Representatives.

Read full opinion.

November 15, 1985

Opinion concerning the payment of funds by Clemson University to its former President and athletic director.

Requested by: The Honorable Thomas A. Limehouse, Member, House of Representatives

Read full opinion

October 30, 1985

Opinion concerning multiple questions. Whether the meetings of the South Carolina Department of Parole and Community Corrections (“Parole Board”) constitute “meetings” by a “public body” under the Freedom of Information Act?  If so, whether the Parole Board may move into executive session to discuss or deliberate on matters relating to pardons and paroles? Whether the votes of individual members must be disclosed?

Requested by: Frank B. Sanders, Executive Director, South Carolina Department of Parole and Community Corrections

Read full opinion

October 10, 1985

Opinion on propriety of the Board of Trustees of the College of Charleston to pay the President of the College $60,000.00 in severance pay.

Requested by The Honorable Thomas A. Limehouse, Member, South Carolina House of Representatives.

Read full opinion.

June 26, 1985

Opinion concerning records of marriage licenses and applications available to the public, including representatives of various commercial enterprises.

Requested by: The Honorable Patsy S. Stone, Judge of Probate, Florence County

Read full opinion

April 17, 1985

Opinion concerning whether the Freedom of Information Act requires a public body which affirmatively decides by majority vote in executive session, not to take certain action, to ratify that decision in public.

Requested by: Mr. Donald L. Coffin, Member At –Large, Beaufort County School District Board

Read full opinion

April 8, 1985

Opinion concerning four questions. Base compensation and the setting of salaries for Una Water District Commission. The proper recording procedure for the payment of per diem and mileage for auditing purposes. Should minutes be kept of all meetings of the Una Water District Commission, formal or informal. Under the Special Purpose District Legislation set in 1955 can they change the name of the district?

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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January 17, 1985

Opinions concerning the requisite number of votes necessary for a seven-member board to convene in an executive session and for an administrative briefing.

Requested by: The Honorable Joyce C. Hearn, Member, House of Representatives

Read full opinion

October 26, 1984

Opinion concerning South Carolina’s Freedom of Information Act, Section 30–4–10, et seq., Code of Laws of South Carolina (1983 Cum. Supp.).

Requested by: Michael L.M. Jordan, Esquire, Attorney for the Town of Hilton Head Island

Read full opinion.

September 21, 1984

Opinion concerning several aspects of the Freedom of Information Act (FOIA).

Requested by: The Honorable Philip T. Bradley, Member, House of Representatives

Read full opinion.

September 06, 1984

Opinion as to whether or not a public body (legislative delegation) may approve a budget, pursuant to its apparently delegated statutory authority,  by circulating a petition, one at a time, among that body’s individual members

Requested by: The Honorable Derwood L. Aydlette, Jr., Member, House of Representatives

Read full opinion.

August 29, 1984

Opinion as to whether, if the chairman’s vote was not valid, the election is invalidated, or whether the election would stand as it would have resulted had the chairman’s vote not been counted.

Requested by: The Honorable Paul W. Derrick, Member, House of Representatives

Read full opinion.

July 24, 1984

Opinion regarding incident reports used by campus policemen to report activities occurring within the Department of Mental Health.

Requested by: William S. Hall, M.D., Commissioner, SC Department of Mental Health

Read full opinion.

July 20, 1984

Opinion regarding if the South Carolina Department of Social Services, upon request, can release copies of cost reports filed by provider nursing homes under Title XIX of the Social Security Act (Medicaid), without violating any constitutional right of privacy or property right of a Provider, and can the cost reports be released to the general public, upon request, within the terms of the South Carolina Freedom of Information Act, Section 30–4–10 et seq., Code of Laws of South Carolina (1983) Cum.Supp.).

Requested by: James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

Read full opinion.

July 17, 1984

Opinion as to whether a petition filed with the Governor concerning the possible appointment to the office of magistrate is releasable under the Freedom of Information Act.

Requested by: Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

Read full opinion.

June 1, 1984

Opinion concerning the relationship of South Carolina’s Freedom of Information Act (FOIA) to the functioning of the Tenure Committee at Lander College.

Requested by: Larry A. Jackson, President, Lander College

Read full opinion.

May 25, 1984

Opinion as to whether ‘final disciplinary actions taken by the state’s licensing boards (or agencies) against licensed professionals is public information.’

Requested by: F. Douglas McDonald, PhD, Chairman, South Carolina State Board of Examiners in Speech Pathology and Audiology

Read full opinion.

May 10, 1984

Opinion regarding whether the records of your agency, the State Workers’ Compensation Fund, would be public records as defined by the Freedom of Information Act, Section 30–4–10 et seq., Code of Laws of South Carolina (1983 Cum.Supp.) (“FOIA” or “the Act”), and of the two types of records maintained by your agency, which, if either, would be discoverable under a Freedom of Information Act inquiry.

Requested by: David Hill Keller, Esquire, Staff Attorney, State Workers’ Compensation Fund

Read full opinion.

April 24, 1984

Opinion on election procedures of the State Highways and Public Transportation Commission.

Requested by Commissioner R. B. Scarborough, State Highways and Public Transportation Commission of S.C.

Read full opinion.

March 27, 1984

Opinion on two questions: (1) Does the Clover Recreation Association constitute a ‘public body’ so as to be subject to the Freedom of Information Act? (2) Is the request (by a resident of Clover) to inspect all books and records of the Clover Recreation Association a valid request which must be honored under the Freedom of Information Act?

Requested by: Melvin B. McKeown, Jr., Esquire, York County Attorney

Read full opinion.

February 24, 1984

Opinion regarding the confidentiality of Department of Mental Health records which contain patient identifying data and the application of the Freedom of Information Act on such records.

Requested by: V.C. Traywick, Jr., Assistant Comptroller General, Office of the Comptroller General

Read full opinion.

February 22, 1984

Opinion regarding what measures the Optometry Board must take, pursuant to the Freedom of Information Act, to notify the public of its Board meetings.

Requested by: Henry V. Sawyer, O.D., Secretary, South Carolina Board of Examiners in Optometry

Read full opinion.

December 21, 1983

Opinion on the applicability of a FOIA request.

Requested by The Honorable D.L. Aydlette, Jr., Member, South Carolina House of Representatives.

Read full opinion.

November 4, 1983

Opinion on the applicability of the South Carolina Freedom of Information Act to the disclosure of Supplementary Homicide Reports as well as the propriety of referring inquirers to the local law enforcement agencies for the same information.

Requested by Lieutenant Jerry Hamby, South Carolina Law Enforcement Division.

Read full opinion.

November 2, 1983

Opinion on whether a coroner’s inquest is open to the public, and whether the coroner’s records must be disclosed to the public upon request.

Requested by The Honorable Dick Elliott, Member, South Carolina House of Representatives.

Read full opinion.

September 8, 1983

Opinion as to on whether the South Carolina Freedom of Information Act would authorize disclosure or release of an applicant’s complete file, including confidential letters of reference, to the applicant by the Board of Examiners for Nursing Home Administrators.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

September 1, 1983

Opinion on what is meant by the term ‘public notice’ as used in §4–9–110, Code of Laws of South Carolina, 1976.

Requested by Mary T. Turner, Clerk, Greenville County Council.

Read full opinion.

August 18, 1983

Opinion on whether a member of the Aiken County Council has the right of access to the personnel records of county employees.

Requested by Robert M. Bell, Esquire, Aiken County Attorney.

Read full opinion.

August 10, 1983

Opinion on Section 40-37-210 (whether investigations and proceedings involving complaints to the Board of Optometry are confidential).

Requested by Dr. Alva S. Pack, III.

Read full opinion.

August 8, 1983

Opinion with respect to the scope of the open meeting and notice requirements of the South Carolina Freedom of Information Act, §§ 30–4–10 et seq. of the Code of Laws of South Carolina (1976 amended).

Requested by Charleston County Attorney.

Read full opinion.

July 28, 1983

Opinion on whether the Finance Committee of the Board of Trustees of the Cherokee County Memorial Hospital is subject to the public meeting requirements of the Freedom of Information Act.

Requested by Mr. Gary E. Clary, Esquire, Gaffney.

Read full opinion.

July 12, 1983

Opinion regarding what point is an arrest warrant releasable under the South Carolina Freedom of Information Act.

Requested by The Honorable Samuel R. Foster, Member, South Carolina House of Representatives.

Read full opinion.

July 11, 1983

Opinion as to whether a committee established by the Greenville County Legislative Delegation will be subject to the Freedom of Information Act, Sections 30–4–10 et seq. of the Code of Laws of South Carolina (1976), as amended.

Requested by The Honorable Harry A. Chapman, Jr., Member, South Carolina Senate.

Read full opinion.

April 6, 1983

Opinion on definition of the word ‘teacher’ for purposes of determining those persons eligible for the incidental expense allowance provided by § 12-7-660(12). 

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

Read full opinion.

 

April 4, 1983

Opinion on if an arrest warrant is to be issued for an individual based on the information received and recorded in an incident report, does that information become a matter of public record.

Requested by James F. Elders, Chief of Police, Georgetown.

Read full opinion.

March 23, 1983

Opinion on whether or not a committee of a County Council must company with the meeting requirements of the South Carolina Freedom of Information Act.

Requested by James A. Bell, Esquire, St. George.

Read full opinion.

 

March 23, 1983

Opinion regarding can an individual member of the Budget and Control Board publicly disclose his vote on a particular matter taken up during an executive session of the Board and publicly disclose the rationale supporting his vote on the issue in question.

Requested by John M. Barton, Special Assistant for Legal Affairs, Office of the Governor for South Carolina.

Read full opinion.

March 15, 1983

Opinion concerning the disclosure, pursuant to request, of an Engineering Feasibility Study for a Proposed Integrated Microwave Communications System to be built for the State.

Requested by Ted Lightle, Acting Division Director, Division of General Services.

Read full opinion.

 

February 14, 1983

Opinion whether certain actions by the Lynchburg Town Council were within the law (instituting the change of government without applying for a new state charter; called several meetings without knowledge of the Mayor; met illegally and passed a resolution that would prohibit the Mayor from signing checks or purchase orders; and Council is proposing to act as both the legislative and the administrative arm of the Township, with no regard to the Office of Mayor.

Requested by The Honorable Clifton J. Jefferson, Mayor, Town of Lynchburg.

Read full opinion.

February 4, 1983

Opinion on the Freedom of Information Act relating to information on compensation paid to employees and officers of Blue Cross/Blue Shield of South Carolina.

Requested by Susan P. Hutton, Esquire, Dobson & Dobson, Greenville.

Read full opinion.

February 4, 1983

Opinion on whether or not the Sumter County Legislative Delegation should have held a public meeting, pursuant to the South Carolina Freedom of Information Act, in order to submit a person’s name for appointment to the Sumter County Elections Commission.

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

December 16, 1982

Opinion regarding a Memorandum which concludes that ‘[t]he obtaining, on an individual basis, of the signatures of a majority of the members of a legislative committee upon a letter does not constitute an ‘election’ pursuant to § 2-1-90.’

Requested by: The Honorable B.L. Hendricks, Jr., Chairman, Medical, Military, Public & Municipal Affairs Committee

Read full opinion.

November 01, 1982

Opinion concerning whether or not an elected municipal council member may give a general proxy vote to another council member to be used at all times and for all purposes when the member giving the proxy is not present at council meetings.

Requested by: Carroll D. Padgett, Jr., Esquire, Attorney at Law

Read full opinion.

September 13, 1982

Opinion concerning the State Dairy Commission’s monthly report of appropriations and expenditures.

Requested by: Mr. Charles A. Shaw, Director, South Carolina Dairy Commission

Read full opinion.

September 02, 1982

Opinion regarding the South Carolina Freedom of Information Act’s applicability to advisory committees and special committees of the South Carolina Commission on Higher Education.

Requested by: Dr. Howard R. Boozer, Executive Director, SC Commission on Higher Education

Read full opinion.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

Phone: 1-803-734-3970 | Fax: (803) 253-6283

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