Woolsey, 102919 SCAGO, AGO 3189

Case DateOctober 29, 2019
CourtSouth Carolina
The Honorable Bill Woolsey, Mayor
AGO 3189
No. 3189
South Carolina Attorney General Opinion
State of South Carolina Office of the Attorney General
October 29, 2019
         The Honorable Bill Woolsey, Mayor          Town of James Island          Post Office Box 12240          James Island, South Carolina 29422          Alan Wilson, Attorney General          Dear Mayor Woolsey:          We received your letter requesting an opinion of this Office regarding the South Carolina Freedom of Information Act. Specifically, you ask us to address: (1) Whether the Town Council for the Town of James Island ("Town Council") can go into executive session during a meeting when "executive session" is not included on the agenda, but is related to an agenda item; (2) Whether the Town Council can add an executive session as an item to the agenda by a two-thirds vote to change the agenda; and (3) If the Town Council votes to amend the agenda to add an executive session, but then takes no action on the original agenda item, you question if this violates FOIA.          Law/Analysis          Must an executive session related to an agenda item be included on the agenda?          Section 30-4-60 of the South Carolina Code (2007) requires all public bodies to hold open meetings. Section 30-4-70 of the South Carolina Code (2007) provides exceptions to this rule. This provision allows public bodies to hold closed meetings for six limited reasons including the discussion of personnel matters, contract negotiations, and to receive legal advice. S.C. Code Ann. § 30-4-70.          In your first question, you describe three scenarios in which the Town Council goes into an executive session for purposes allowed under section 30-4-70 to discuss items that are on the agenda, but the agenda does not list the executive session. You question whether these scenarios violate FOIA's notice provision.          Section 30-4-80 of the South Carolina Code (Supp. 2018) requires public bodies to provide " notice of meetings. Section 30-4-80(A) specifically requires public bodies to post an agenda for all regular and special meetings.
(A) All public bodies, except as provided in subsections (B) and (C) of this section, must give written public notice of their regular meetings at the beginning of each calendar year. The notice must include the dates, times, and places of such meetings. An agenda for regularly scheduled or special meetings must be posted on a bulletin board in a publicly accessible place at the office or meeting place of the public body and on a public website maintained by the body, if any, at least twenty-four hours prior to such meetings. All public bodies must post on such bulletin board or website, if any, public notice for any called, special, or rescheduled meetings. Such notice must include the agenda, date, time, and place of the meeting, and must be posted as early as is practicable but not later than twenty-four hours before the meeting. This requirement does not apply to emergency meetings of public bodies ....
S.C. Code Ann. § 30-4-80.          In Herald Publishing Co. v. Barnwell, 291 S.C. 4, 351 S.E.2d 878 (Ct.App. 1986) the Court of Appeals determined FOIA does not require an...

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