Posts Tagged ‘Freedom of Information’

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.

August 16, 1982

Opinion as to the legality of meetings held by a public body such as a Board of Education which were held without the notice required by Section 30-4-80 of the South Carolina Freedom of Information Act being complied with.

Requested by: Senator Phil P. Leventis

Read full opinion.

August 10, 1982

Opinion regarding the recent amendment of the Water Use Reporting and Coordination Act requiring the Commission hold confidential certain information pursuant to a claim that disclosure of such information would reveal a trade secret, process or other confidential information or would impair national security.

Requested by: Paul S. League, Esquire, Legal Counsel, SC Water Resources Commission

Read full opinion.

July 26, 1982

Opinion regarding the subject of the request by attorney Frank Potts for certain records involving expenditures of appropriated and non-appropriated funds expended by the University for trustee and other expenses.

Requested by: Joseph McDevitt, University Counsel, Clemson University

Read full opinion.

June 09, 1982

Opinion as to whether the applications submitted to the Merit Selection Panel by persons seeking to be nominated as a candidate for election to the Public Service Commission are exempt from disclosure under the Freedom of Information Act.

Requested by: Mr. B.O. Thomason, Jr., Chairman, South Carolina Public Service Commission Merit Selection Panel

Read full opinion.

April 06, 1982

Opinion regarding concerning confidentiality of energy information in the South Carolina Freedom of Information Act.

Requested by: Mr. David M. Logeman, Research Administrator, Office of the Governor, Division of Energy Resources

Read full opinion.

March 31, 1982

Opinion on whether the provisions of Section 21-4172 of the Code of Laws of 1962 have been repealed by Section 1 of Act No. 301, Acts and Joint Resolutions, 1971.

Requested by: The Honorable James N. Ashe, Sr., Member, House of Representatives

Read full opinion.

March 30, 1982

Opinion regarding (1) whether an employee grievance hearing pursuant to the County and Municipal Employees Grievance Procedure Act (§§ 8-17-110-8-17-160, Code of Laws of South Carolina, 1976) must be conducted in public and (2) whether the State Employee-Grievance Committee conducts its hearings in public or closed sessions.

Requested by: George A. Wood, Town Manager, Town of Kingstree

Read full opinion.

March 12, 1982

Opinion whether or not a private hospital corporation is subject to the requirements of the South Carolina Freedom of Information Act, specifically the ‘open meeting’ provisions, due to the fact that it has contracted with the county to provide certain services for the county and is paid for these services with public funds.

Requested by: Mr. Joe B. Williams, Colleton County Council

Read full opinion.

February 25, 1982

Opinion concerning whether or not audit workpapers generated by your auditors are required to be furnished upon request under the South Carolina Freedom of Information Act.

Requested by: Ms. Barbara McMillan, Division of General Services

January 8, 1982

Opinion on availability of individual telephone bills of members of the South Carolina House of Representatives under the SC Freedom of Information Act.

Requested by Mrs. Lois T. Shealy, Clerk of the South Carolina House of Representatives.

Read full opinion.

January 06, 1982

Opinion regarding whether the South Carolina Department of Education (Department) must disclose, under the Freedom of Information Act, (§ 30-4-10, et seq. of the Code of Laws of South Carolina (1976, as amended)), those parts of contracts executed among the Department, the State Board for Technical and Comprehensive Education and National Advanced Systems.

Requested by: The Honorable Charlie G. Williams, State Superintendent of Education

Read full opinion.

December 17, 1981

Opinion on confidentiality of executive sessions under the SC Freedom of Information Act.

Requested by The Honorable Ryan C. Shealy, Member South Carolina Senate.

Read full opinion.

December 10, 1981

Opinion on information available under the South Carolina Freedom of Information Act.

Requested by W. R. Turner, Jr., M.D., Chairman, University Faculty Grievance Hearing Committee, Medical University of South Carolina.

Read full opinion.

December 3, 1981

Opinion on whether or not a state legislator may require a state agency to provide a comprehensive breakdown of its expenditures of state appropriations, and whether or not a legislator may demand the same breakdown for funds held by a state agency which are not state appropriations.

Requested by Representative D. N. Holt, Jr., Member, South Carolina House of Representatives.

Read full opinion.

December 1, 1981

Opinion on WIS-TV’s FOIA request.

Requested by Mr. J. P. Strom, Chief, State Law Enforcement Division.

Read full opinion.

November 16, 1981

Opinion on whether or not a Zoning Board is a ‘public body’ within the meaning of Section 30-4-20(a).

Requested by Wyatt Saunders, Esquire, Laurens.

Read full opinion.

October 19, 1981

Opinion on whether or not the public and press may demand admission to meetings of the Finance Committee of the Student Senate of the University of South Carolina.

Requested by Mr. Paul Jerald Ward, General Counsel, University of South Carolina.

Read full opinion.

October 15, 1981

Opinion on whether incident reports should be destroyed when other criminal records are properly expunged and whether such reports are matters of public record.

Requested by Ms. Jeanne R. Hertzog, Administrative Captain, Lexington County Sheriff’s Department.

Read full opinion.

July 24, 1981

Opinion on matters that may be exempt from disclosure under the provisions of Section 30-4-40(a)(3) of the South Carolina Freedom of Information Act.

Requested by Mr. George A. Wood, Town Manager, Town of Kingstree.

Read full opinion.

July 7, 1981

Opinion concerning the requirements of the South Carolina Freedom of Information Act, Section 30–4–10, et. seq.

Requested by Dudley Saleeby, Jr., Solicitor, Twelfth Judicial Circuit.

Read full opinion.

June 24, 1981

Opinion on whether materials from the files of the Board of Commissioners on Grievances and Discipline must be made available to the complaining party or other interested person under the Freedom of Information Act.

Requested by Board of Commissioners on Grievances and Discipline.

Read full opinion.

May 12, 1981

Opinion on whether or not SLED must furnish an investigatory file pursuant to a request made by a reporter-writer for a newspaper pursuant to the South Carolina FOIA.

Requested by Mr. J. P. Strom, Chief, S. C. Law Enforcement Division.

Read full opinion.

April 24, 1981

Opinion on whether or not the Dorchester County Water Authority is a public body which must comply with the requirements of the South Carolina Freedom of Information Act.

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

Read full opinion.

April 7, 1981

Opinion on whether or not members of the press must be given access to subcommittee meetings of the ‘Task Force to Study a University at Charleston’.

Requested by The Honorable Dewey Wise, Member, South Carolina Senate.

Read full opinion.

March 26, 1981

Opinion on clarification from personal liability suit when furnishing information to state agencies by individuals claiming information sought was exempt from disclosure under Section 30-4-40 of the South Carolina Freedom of Information Act.

Requested by Mr. Joseph A. Keener, Payroll Supervisor, Charleston County School District.

Read full opinion.

March 25, 1981

Opinion on whether Chairman of South Carolina Mining Council can poll council members by telephone conference to make determinations regarding petitions submitted to the council.

Requested by F. G. Scurry, Director, Division of Mining and Reclamation, South Carolina Land Resources Commission.

Read full opinion.

March 16, 1981

Opinion on Section 30-4-20(a) regarding Toumey Hospital.

Requested by Mr. Hubert D. Osteen, Jr., Editor, The Sumter Daily Item.

Read full opinion.

March 13, 1981

Opinion on Freedom of Information Act request – requirement to extract list information from public records.

Requested by The Honorable Irene K. Rudnick, Member, South Carolina House of Representatives.

Read full opinion.

February 2, 1981

Opinion on whether the employee’s permission is necessary in order to release salary and employment information to the Retirement System.

Requested by Mr. Joseph A. Keener, Payroll Supervisor, Charleston County School District.

Read full opinion.

January 7, 1981

Opinion on whether the mailing list from a publication is public information under the South Carolina Freedom of Information Act and therefore available to commercial enterprises.

Requested by Dr. Charles E. Lee, Director, South Carolina Department of Archives and History.

Read full opinion.

December 31, 1980

Opinion on whether information regarding sexual assault victims could be obtained by interested citizens under the Freedom of Information Act.

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

Read full opinion.

December 31, 1980

Opinion on clarification on the Privacy Act of 1974 and its effect on payroll matters.

Requested by Mr. Joseph A. Keener, Payroll Supervisor, Charleston County School District.

Read full opinion.

November 17, 1980

Opinion on telephone meetings of Mining Council.

Requested by Mr. F.G. Scurry, Director, Division of Mining and Reclamation, S.C. Land Resources Commission.

Read full opinion.

November 3, 1980

Opinion on the Drug Formulary Advisory Committee.

Requested by Mr. H. Parker Evatt, Second Vice-Chairman, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

Read full opinion.

October 27, 1980

Opinion on request for personnel records.

Requested by Peter D. Hyman, Esquire, Hyman, Morgan, Brown, Jeffords & Rushton, Florence.

Read full opinion.

October 21, 1980

Opinion if the Freedom of Information Act would require the election commissions to release the names of persons who have requested an absentee ballot.

Requested by Mr. Charles T. Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

October 16, 1980

Opinion on Libraries, public information, names, blind persons.

Requested by Ms. Betty E. Callaham, Librarian, South Carolina State Library.

Read full opinion.

October 15, 1980

Opinion on whether the ‘Blue Ribbon Committee’ appointed by the Aiken County Board of Education to recommend attendance or zoning plans for Area 1 of the Aiken County School District 1 is a ‘public body’ subject to the Freedom of Information Act (§ 30-4-10, et seq. of the Code of Laws of South Carolina (1976), as amended).

Requested by William H. Burkhalter, Jr., Esquire, Garvin, Fox, Zier and Burkhalter, North Augusta.

Read full opinion.

August 21, 1980

Opinion on FOIA request regarding disclosure of information in personnel files of teachers in the possession of the South Carolina Department of Education.

Requested by Mr. Charlie G. Williams, State Superintendent of Education.

Read full opinion.

August 21, 1980

Opinion follow up to prior opinions regarding FOIA requests with respect to the disclosure of complaints, investigative reports and informants’ identity.

Requested by Ms. Deborah C. Westbrook, Assistant County Attorney for Greenville County.

Read full opinion.

July 17, 1980

Opinion on student loans and state employment (Section 59-111-50, 1976 Code of Laws of South Carolina).

Requested by Roger Washington, Esquire, Office of the Governor, State of South Carolina.

Read full opinion.

July 10, 1980

Opinion on Freedom of Information Act City Council—City of Hanahan.

Requested by Theodore B. Guerard, Esquire, Attorney at Law, Charleston.

Read full opinion.

July 7, 1980

Opinion on the availability under the Freedom of Information Act of details and discussions originated in a valid closed session.

Requested by Mr. G. Robert George, Chairman, James Island Public Service Commission.

Read full opinion.

May 27, 1980

Opinion on whether law enforcement officials stationed at Myrtle Beach Air Force Base are entitled to have access to information pertaining to the disposition of criminal cases heard in the Municipal Court of the City of Myrtle Beach.

Requested by Major Edwin C. Schilling, III, USAF, Staff Judge Advocate, Myrtle Beach AFB.

Read full opinion.

May 20, 1980

Opinion on whether a senator is entitled to receive information pertaining to the number of Senate pages assigned to each Senator and to the Lieutenant Governor.

Requested by The Honorable Gilbert E. McMillan, Member, South Carolina Senate.

Read full opinion.

May 19, 1980

Opinion on whether a meeting has to be open to the public.

Requested by The Honorable Robert L. McFadden, Chairman, Judiciary Committee, South Carolina House of Representatives.

Read full opinion.

March 14, 1980

Opinion on a newspaper editor posing the question of whether or not a negative vote on a motion before the County Council in an executive session was a vote committing the Council to a specific course of action which must be ratified in public session under the Freedom of Information Act requirements.

Requested by The Honorable Peden B. McLeod, Member, South Carolina Senate.

Read full opinion.

February 15, 1980

Opinion concerning the designation of school principals as ‘department heads’ for purposes of the Freedom of Information Act (references September 19, 1978 opinion).

Requested by Mr. George L. Schroeder, Director, Legislative Audit Council, State of South Carolina.

Read full opinion.

February 7, 1980

Opinion regarding under FOIA what constitutes an open and a closed meeting, when are such required or appropriate, what procedure should be taken to close a meeting and other questions.

Requested by Mr. Phillip Grosse, Jr., State Reorganization Commission.

Read full opinion.

February 5, 1980

Opinion on whether the S.C. Education Association has a right under FOIA (§ 30–4–10, et seq., of the South Carolina Code of Laws (1976)), to inspect or copy documents compiled in a research survey and a tabulation of the resultant responses done by the Office of the Executive Director for House Research at the request of a representative of the House of Representatives concerning H. 2193.

Requested by Mr. Charles Traynor Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

February 4, 1980

Opinion on whether or not it is legal under the South Carolina Freedom of Information Act for the South Carolina Senate to meet in executive session and discuss tactics to be used to avoid the reapportioning of the State Senate.

Requested by The Honorable Tom Turnipseed, Member, South Carolina Senate.

Read full opinion.

January 28, 1980

Opinion on whether a consumer has a right under FOIA to inspect or copy complaints filed by consumers against a company doing business in South Carolina and other related questions.

Requested by Irvin D. Parker, Administrator, Department of Consumer Affairs.

Read full opinion.

January 8, 1980

Opinion on Grievance Appeal hearings transcripts.

Requested by Jack S. Mullins, Ph.D., Director, S.C. State Budget and Control Board.

Read full opinion.

December 6, 1979

Opinion on whether the Freedom of Information Act requires the Department of Corrections to release certain information in its work release records to the public.

Requested by Larry C. Batson, Legal Advisor, South Carolina Department of Corrections.

Read full opinion.

November 8, 1979

Opinion on the Freedom of Information Act relating to the authority of trustees of the School District of Greenville County to hold meetings closed to the public.

Requested by J. Wright Horton, Attorney at Law, Greenville.

Read full opinion.

November 8, 1979

Opinion on whether an advisory group is subject to the requirements of the Freedom of Information Act.

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

Read full opinion.

November 7, 1979

Opinion on the legality of a grievant tape recording intra-agency grievance hearings as well as the hearing before the State Employee Grievance Committee.

Requested by Jack S. Mullins, Ph.D., Director, State Budget and Control Board.

Read full opinion.

September 7, 1979

Opinion on the propriety of releasing drivers’ license photographs to law enforcement agencies (S.C. Freedom of Information Act).

Requested by E.P. Austin, Jr., Director, Motor Vehicle Division, Department of Highways and Public Transportation.

Read full opinion.

July 30, 1979

Opinion on the Freedom of Information Act.

Requested by Doris Brantley, Executive Secretary, S.C. State Board of Cosmetic Art Examiners.

Read full opinion.

July 20, 1979

Opinion on disclosure of Inspection Report.

Requested by Mr. Heyward G. Shealy, Chief, Bureau of Radiological Health, S.C. Department of Health and Environmental Control.

Read full opinion.

July 9, 1979

Opinion on Freedom of Information Act—Recording of Board Meeting.

Requested by Mrs. Maxine R. Bowles, Commissioner, S.C. Commission for the Blind.

Read full opinion.

 

June 8, 1979

Opinion on the Freedom of Information Act.

Requested by Mr. John F. Barry, Deputy Director, S.C. Aeronautics Commission.

Read full opinion.

May 28, 1979

Opinion on the interpretation of the term ‘Department Head’ in Section 5(6) of the Freedom of Information Act.

Requested by O. Lee Sturkey, Esquire, McCormick.

Read full opinion.

May 28, 1979

Opinion on the Freedom of Information Act.

Requested by Mr. John F. Barry, Deputy Director, S.C. Aeronautics Commission.

Read full opinion.

May 28, 1979

Opinion on Freedom of Information Act interviews of candidates for appointment on the County Board of Education.

Requested by Bruce E. Davis, Esquire, Camden.

Read full opinion.

May 21, 1979

Opinion on S.C. Freedom of Information Act regarding disclosure of information about Department of Insurance employees.

Requested by The Honorable John W. Lindsay, Chief, Insurance Commissioner South Carolina Department of Insurance.

Read full opinion.

May 1, 1979

Opinion on the proposed Record Series Retention/Disposition Schedule which has been prepared by the State Department of Archives and History.

Requested by Mr. William A. McInnis, Deputy Executive Director, State Budget and Control Board.

Read full opinion.

 

April 03, 1979

Opinion concerning the Freedom of Information Act and what materials, if any, must be released from sheriff’s incidental reports.

Requested by W.E. Jenkinson, III, Esquire, Law Offices Jenkinson & Jenkinson.

Read full opinion.

April 03, 1979

Opinion regarding the provision of the Freedom of Information Act, South Carolina Code of Laws, 1976, as amended, Section 30-4-20(a), which deals with organizations supported in whole or in part by public funds.

Requested by Mr. Rick George, Executive Director, South Carolina Arts Commission.

Read full opinion.

March 29, 1979

Opinion regarding the legality of the Dorchester County council failing to provide fifteen days prior notice through advertisement of a public hearing concerning the removal of the administrator.

Requested by Honorable John Hamilton Smith, Representative, District No. 98

Read full opinion.

March 20, 1979

Opinion concerning publishing of notice of meetings for the Landscapes Architects Board of Registration.

Requested by Henry P. Fulmer, Deputy Director, SC Landscape Architects Board of Registration

Read full opinion.

March 09, 1979

Opinion as to the application of the State’s Freedom of Information Act (Sections 30-4-10 to 30-4-110) Code of Laws, 1976, to records concerning public employees when such records are requested by the employee himself or his authorized representative.

Requested by Dr. Donald L. Johnson, Superintendent, Horry County Public Schools

Read full opinion.

February 16, 1979

Opinion as to whether or not a citizen of the state possesses a right of access to the salary figures for individual faculty members and administrators at State colleges and universities.

Requested by Mr. Frank Petrusak, Associate Professor, Department of Political Science, The College of Charleston

Read full opinion.

February 15, 1979

Opinion concerning how the SC Code § 43–13–60 (1976) affects confidentiality requirements imposed upon the Department of Social Services by Titles IV–A, IV–B, and XX of the Social Security Act by requiring the agency to furnish information to the South Carolina Foster Care Review Board concerning matters involving foster care services in South Carolina.

Requested by Barbara Chappell, Director, Children’s Foster Care Review Board System

Read full opinion.

February 09, 1979

Opinion concerning the right of the Board of Financial Institutions to go into executive session to discuss matters contained in documents specifically exempt from disclosure under the Freedom of Information Act, Act No. 593, 1978 Statutes at Large 1736.

Requested by The Honorable Grady L. Patterson, Treasurer of the State of SC

Read full opinion.

February 08, 1979

Opinion regarding whether a State regulatory agency, which has adjudicatory responsibilities pursuant to statute, may meet in executive session to deliberate on matters presented as evidence in public proceedings before it, consistent with the provisions of the newly-enacted Freedom of Information Act.

Requested by Robert T. Bockman, Esquire, General Counsel, SC Public Service Commission

Read full opinion.

January 23, 1979

Opinion concerning information subject to the State Freedom of Information Act, Act No. 593, 1978, Statutes at Large 1736.

Requested by: Mr. Larry Smith, County Sheriff, Sheriff-Administrative Office, Spartanburg County Courthouse

Read full opinion.

January 23, 1979

Opinion concerning the Federal Privacy Act and access to the personnel records of the Medical University of Charleston in connection with an audit of their books.

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

Read full opinion.

December 20, 1978

Opinion on copy of grievance proceedings transcript under the Freedom of Information Act.

Requested by Roy McBee Smith, Esquire, Attorney for Spartanburg County.

Read full opinion.

November 27, 1978

Opinion on release of public information under the Freedom of Information Act.

Requested by Jack S. Mullins, Ph.D., Director, State Personnel Division.

Read full opinion.

November 27, 1978

Opinion on notice to local news media (Freedom of Information Act).

Requested by Jack S. Mullins, Ph.D., Director, State Personnel Division.

Read full opinion.

November 24, 1978

Opinion on the Freedom of Information Act as revised in 1978.

Requested by Mrs. Suzette C. Bailey, Secretary, The State Migrant Commission.

Read full opinion.

November 16, 1978

Opinion on Freedom of Information Act – laboratory reports.

Requested by Mr. James K. Wilson, Chief Chemist, S.C. Law Enforcement Division.

Read full opinion.

October 26, 1978

Opinion on whether the S.C. Board of Examiners in Optometry and Opticianry is eligible for tort insurance and notice of meetings requirements (Section 40-37-60 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Jack S. Folline, President, S.C. Board of Examiners in Optometry & Opticianry.

Read full opinion.

October 12, 1978

Opinion on the right of a State Representative to obtain the names of recipients using the HUD Section 8 Existing Housing Subsidy Program.

Requested by Mr. L. Steve Mayfield, Executive Director, S.C. State Housing Authority.

Read full opinion.

October 9, 1978

Opinion on the State’s Freedom of Information Act.

Requested by Mr. J.P. Howle, Director, Research and Information, Florence Public School District One.

Read full opinion.

October 2, 1978

Opinion on the State Freedom of Information Act relating to investigative files in the possession of the South Carolina Law Enforcement Division and whether they are subject to disclosure.

Requested by Capt. J. Leon Gasque, South Carolina Law Enforcement Division.

Read full opinion.

September 30, 1978

Opinion on school finance (Section 12-45-220, Code of Laws of South Carolina, 1976).

Requested by Attorney, Calhoun County Public Schools.

Read full opinion.

September 27, 1978

Opinion on whether or not records of a polygraph test administered by a SLED polygraph examiner are subject to public disclosure under the Freedom of Information Act.

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

Read full opinion.

September 21, 1978

Opinion on the South Carolina Freedom of Information Act.

Requested by Mr. L. Steve Mayfield, Executive Director, South Carolina State Housing Authority.

Read full opinion.

September 21, 1978

Opinion on whether or not certain information possessed by the Department of Education is subject to public disclosure under the State’s Freedom of Information Act.

Requested by The Honorable Cyril B. Busbee, State Superintendent of Education.

Read full opinion.

September 21, 1978

Opinion on the State’s Freedom of Information Act.

Requested by Jack S. Mullins, Ph.D., Director, State Personnel Division.

Read full opinion.

September 19, 1978

Opinion on whether a school principal is considered a “department head” under the Freedom of Information Act.

Requested by Mr. John C. Cone, Executive Director, South Carolina School Board Association.

Read full opinion.

September 12, 1978

Opinion on the composition of a committee to investigate the activities and capabilities of one or more employees in the Police Department.

Requested by The Honorable Worth Barnett, Mayor, City of Greer.

Read full opinion.

September 7, 1978

Opinion on whether or not the disclosure of records made in valid executive session held by a public body is subject to disclosure under the South Carolina Freedom of Information Act.

Requested by Theodore B. Guerard, Esquire, Guerard and Applegate, P.A.

Read full opinion.

September 7, 1978

Opinion on whether or not uniform crime reports collected by SLED are subject to public disclosure under the South Carolina Freedom of Information Act.

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

Read full opinion.

August 11, 1978

Opinion on what effect the new Freedom of Information Act has on a previous Attorney General’s Opinion issued August 5, 1977, regarding the release of items in a public employee’s personnel file.

Requested by Jack S. Mullins, Ph.D., Director, S.C. Budget & Control Board.

Read full opinion.

August 7, 1978

Opinion on 1978 Freedom of Information Act.

Requested by Mr. John Hamilton, Director, S.C. Aeronautics Commission.

Read full opinion.

May 3, 1978

Opinion on contract administration expenditures involving the Governor’s Office of Health and Social Development.

Requested by Mr. George L. Schroeder, Executive Director, Legislative Audit Council.

Read full opinion.

April 18, 1978

Opinion on release of student information.

Requested by Col. James R. Woods, Director, The Citadel.

Read full opinion.

March 27, 1978

Opinion on retention of a juvenile’s records.

Requested by Mr. Harry W. Davis, Jr., Director, South Carolina Department of Juvenile Placement And Aftercare.

Read full opinion.

March 23, 1978

Opinion on the Freedom of Information Act.

Requested by The Honorable William T. Putnam, State Auditor.

Read full opinion.

January 25, 1978

Opinion on Police Service Bureau records policy.

Requested by Joseph A. Earle, Esquire, Greenville County Attorney.

Read full opinion.

January 25, 1978

Opinion on the Freedom of Information Act.

Requested by Jack S. Mullins, Ph.D., Director, South Carolina Personnel Division.

Read full opinion.

January 23, 1978

Opinion on whether or not the Town Council have authority to discharge a town manager in an executive session (not a public session) to becoming effective.

Requested by The Honorable Leonard B. Burgess, Mayor, Town of Kingstree.

Read full opinion.

January 9, 1978

Opinion on the holding of executive sessions pursuant to the Freedom of Information Act (Sections 30-3-10 et seq., Code of Laws of South Carolina, 1976).

Requested by Mr. S.M. Brown, Jr., Kingstree City Manager.

Read full opinion.

December 28, 1977

Opinion on legality of releasing copies of patient medical records without an authorization from the patient.

Requested by Mr. John E. Wise, Vice President, Administration and Finance, Medical University of South Carolina.

Read full opinion.

December 2, 1977

Opinion on whether or not members of the Richland County Council are to have access to county records such as personnel records.

Requested by The Honorable Susie Newman, Member, Richland County Council.

Read full opinion.

November 30, 1977

Opinion on public access to public records.

Requested by G. Werber Bryan, Esquire, Bryan, Bahnmuller, King, Goldman and McElveen, Sumter.

Read full opinion.

November 21, 1977

Opinion on whether or not a proposed public information system under consideration by the Greenville County Sheriff’s Office is in accord with the State’s Freedom of Information Act.

Requested by Mr. Robert E. Elmore, Jr., Executive Officer, Greenville County Sheriff’s Department.

Read full opinion.

October 18, 1977

Opinion on whether the State Budget and Control Board may hold executive sessions following public meetings to consider proposed budget requests presented at the public meetings.

Requested by The Honorable William T. Putnam, Secretary, State Budget and Control Board.

Read full opinion.

September 27, 1977

Opinion on whether or not booking reports kept by your office must be made public under the State’s Freedom of Information Act.

Requested by Mr. J. Stanley Bird, Chief of Police, Myrtle Beach Police Department.

Read full opinion.

September 8, 1977

Opinion on whether or not the S.C. Industrial Commission may furnish BCBS of SC information concerning individual claims for benefits under the S.C. Workmen’s Compensation Act.

Requested by Robert C. Lake, Jr., Attorney at Law.

Read full opinion.

September 8, 1977

Opinion on whether or not the Freedom of Information Act requires disclosure of how each school board member voted in executive session.

Requested by E.P. Riley, Attorney for the Greenville County School District.

Read full opinion.

August 5, 1977

Opinion on what items in a public employee’s personnel file are required to be released under the Freedom of Information Act.

Requested by Director, State Personnel Division.

Read full opinion.

July 20, 1977

Opinion on whether or not a master-in-equity has authority to order the disclosure of a taxpayer’s records, rendered confidential in Sections 12–35–1530 and 12–7–1680.

Requested by Attorney General, South Carolina.

Read full opinion.

July 7, 1977

Opinion on whether or not civil and criminal records of the Richland County Sheriff’s office are open to inspection by the public under FOIA (Section 30-3-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable Frank Powell, Sheriff, Richland County.

Read full opinion.

July 7, 1977

Opinion on the state’s welfare recipients individual right of privacy with regard to a Freedom of Information Act request for disclosure of public records on a central computer.

Requested by Mr. Beighley.

Read full opinion.

June 30, 1977

Opinion on whether or not a state agency can hold private executive sessions with the public not being allowed to attend.

Requested by The Honorable Johnnie J. Young, Member, South Carolina House of Representatives.

Read full opinion.

June 28, 1977

Opinion on whether a FOIA request requires release of a State Agency’s telephone bills.

Requested by Attorney, Division of General Services.

Read full opinion.

June 23, 1977

Opinion on Freedom of Information Act, Investigative Files of Sheriff.

Requested by The Honorable Frank Powell, Sheriff, Richland County.

Read full opinion.

June 16, 1977

Opinion on whether Incident and Supplemental Reports can be withheld form public disclosure and related questions.

Requested by The Honorable Johnny Mack Brown, Sheriff, Greenville County.

Read full opinion.

May 30, 1977

Opinion on whether or not Aiken County Resolution 77-44-4 violates the Freedom of Information Act.

Requested by The Honorable Irene Rudnick, Member, South Carolina House of Representatives.

Read full opinion.

May 13, 1977

Opinion on whether or not the minutes of meetings of public bodies such as school district boards of trustees are public records.

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

Read full opinion.

May 6, 1977

Opinion on whether or not audit data pertaining to the acts of specific individuals can be released under the Freedom of Information Act.

Requested by Mr. William T. Putnam, State Auditor.

Read full opinion.

May 2, 1977

Opinion on whether or not information in a complaint before the Department of Consumer Affairs is reachable under the State’s Freedom of Information Act.

Requested by Mr. Irvin D. Parker, Administrator, Department of Consumer Affairs.

Read full opinion.

 

May 2, 1977

Opinion on whether audit data pertaining to the acts of specific individuals must be released under the Freedom of Information Act.

Requested by Mr. William T. Putnam, State Auditor.

Read full opinion.

April 25, 1977

Opinion on improperly called executive sessions.

Requested by Mr. Louis Fleming, Sumter.

Read full opinion.

February 8, 1977

Opinion on voting lists (South Carolina Code of Laws, 1962, as amended, Section 23-98).

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

Read full opinion.

February 3, 1977

Opinion on whether the South Carolina Freedom of Information Act requires public disclosure of personnel files and employment applications for employees of the South Carolina House of Representatives (Section 1–20).

Requested by Mr. Charles T. Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

December 13, 1976

Opinion on enforcement of violations pertaining to Sections 15-1095.17(d), 15-1095.40 and 15-1095.41.

Requested by The Honorable W. Frank Rogers, Jr., Lexington County Family Court Judge.

Read full opinion.

November 24, 1976

Opinion on the Freedom of Information Act (salary information on public employees).

Requested by Mr. David C. Stradinger, City Manager, City of Myrtle Beach.

Read full opinion.

November 4, 1976

Opinion on whether the Freedom of Information Act allows a public agency to set up standards under which public records may be examined by the public.

Requested by Mr. Henry W. Smith, Jr., Director of Public Relations, South Carolina Department of Agriculture.

Read full opinion.

November 1, 1976

Opinion on the Freedom of Information Act (study within the Sumter County School Districts on alcohol and drug abuse among students is subject to public inspection).

Requested by The Honorable David F. McInnis, Member, South Carolina House of Representatives.

Read full opinion.

October 5, 1976

Opinion on whether the Freedom of Information Act encompasses the Greenwood County Hospital Board (Section 1-20 et seq., Code of Laws of South Carolina, 1962, as amended).

Requested by Mr. Charles Traynor Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

August 2, 1976

Opinion on exchanging information by agencies about their clients (Freedom of Information Act, 5 U.S.C. Section 552).

Requested by Mrs. Ann Eastland, Citizens Service Coordinator, Governor’s Office of Citizens Service.

Read full opinion.

July 29, 1976

Opinion on whether the reference to the Freedom of Information Act in Section 2–14 of the North Charleston ordinances requires that the Act be used as the guideline for the determination of when the conference sessions provided for in Section 2–14 must be public.

Requested by James E. Gonzales, Esquire, Attorney at Law.

Read full opinion.

July 6, 1976

Opinion on the Beaufort County Drug Diversion Program.

Requested by Mr. D.H. Boyne, Jr., Director, Beaufort County Alcohol Safety Action Program.

Read full opinion.

July 3, 1976

Opinion on whether public disclosure is required under the Freedom of Information Act on a memorandum written as an administrative briefing for a county social services board.

Requested by Dr. R. Archie Ellis, Commissioner, South Carolina Department of Social Services.

Read full opinion.

June 18, 1976

Opinion on what remedy an individual has with respect to an alleged violation of the Freedom of Information law by a public entity.

Requested by Ms. Linda J. Ladd, I-Line Editor, The Anderson Independent.

Read full opinion.

June 16, 1976

Opinion on which authority would preclude a judge to make an order to seal the autopsy report and photographs.

Requested by The Honorable Dan F. Laney, Jr., Judge, Third Judicial Circuit.

Read full opinion.

June 8, 1976

Opinion on whether or not confidential personnel files of law enforcement officers are subject to disclosure under the South Carolina Freedom of Information Act, Code Section 1–20, et seq.

Requested by The Sheriff, Richland County.

Read full opinion.

June 5, 1976

Opinion on whether the South Carolina Freedom of information Act requires disclosure of information relating to teacher pay classifications.

Requested by Mr. Ray Burnette, Deputy State Superintendent of Education.

Read full opinion.

June 4, 1976

Opinion on whether or not certain information held by the South Carolina Department of Education is subject to disclosure under the South Carolina Freedom of Information Act.

Requested by Deputy State Superintendent of Education.

Read full opinion.

June 4, 1976

Opinion on whether or not the South Carolina Freedom of Information Act requires disclosure of personnel files on law enforcement officers.

Requested by The Honorable Frank Powell, Sheriff, Richland County.

Read full opinion.

May 27, 1976

Opinion on whether a school board may meet in non-public executive sessions where any final budget will be discussed publicly and voted on by the full school board before being adopted.

Requested by The Georgetown County School Board Attorney.

Read full opinion.

May 27, 1976

Opinion on the maximum punishment that can be prescribed by ordinances promulgated pursuant to Act No. 283 of 1975, the “home rule” legislation.

Requested by The Honorable Irene K. Rudnick, Member, South Carolina House of Representatives.

Read full opinion.

May 26, 1976

Opinion on Section 21-4079, Code of Laws of South Carolina, 1962.

Requested by Dr. H. William Mitchell, Superintendent, Sumter County School District No. 2.

Read full opinion.

May 24, 1976

Opinion on Section 21-4079 (is a majority vote needed to appoint a person to fill a vacancy for the unexpired portion of the school board trustee’s term).

Requested by Dr. H. William Mitchell, Superintendent, Sumter County School District No. 2.

Read full opinion.

April 20, 1976

Opinion on whether the Western Carolina Regional Sewer Authority is subject to the Freedom of Information Act of South Carolina.

Requested by The Honorable Theo W. Mitchell, Member, South Carolina House of Representatives.

Read full opinion.

April 7, 1976

Opinion on whether or not an estate tax return is protected from public disclosure.

Requested by Director, Estate and Gift Tax Division, S.C. Tax Commission.

Read full opinion.

April 7, 1976

Opinion on whether state and federal estate tax returns filed with the Tax Commission are public records.

Requested by Mr. Lovick N. Hornsby, Director, Estate and Gift Tax Division, South Carolina Tax Commission.

Read full opinion.

March 23, 1976

Opinion on whether pending business of the city being conducted under the guise of a social or other informal supper meeting not open to the public is a violation.

Requested by Mr. Warren B. Clayton, Savannah Morning News, Beaufort.

Read full opinion.

January 12, 1976

Opinion on whether the Tax Assessor of Dillon should release or make available records of his office that reflect the acreage or lots owned by individuals, the appraised value of the same and the annual taxes paid thereon (Section 1–20.2).

Requested by The Dillon County Tax Assessor.

Read full opinion.

January 12, 1976

Opinion on the legality of releasing individuals tax records that reflect the acreage or lots owned by individuals, the appraised value of the same and the annual taxes paid thereon.

Requested by Mr. James B. Huggins, Dillon County Tax Assessor.

Read full opinion.

Schedule a Tour or Visit

Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch.

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top