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Civil Rights – FOIA – Municipal – County Council – Regular Meeting – No Agenda Required – Amendment

By: S.C. Lawyers Weekly staff//June 19, 2014

Civil Rights – FOIA – Municipal – County Council – Regular Meeting – No Agenda Required – Amendment

By: S.C. Lawyers Weekly staff//June 19, 2014

Lambries v. Saluda County Council (Lawyers Weekly No. 010-059-14, 15 pp.) (James Moore, Acting Justice) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Saluda County Circuit Court (William Keesley, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct.

Holding: South Carolina’s Freedom of Information Act does not require a county council to post any agenda for a regularly scheduled meeting. Although the petitioner-county council posted an agenda at least 24 hours before its regularly scheduled meeting, FOIA notice requirements did not prohibit the council from amending its agenda without notice.

We reverse the Court of Appeals’ ruling that the council violated FOIA.

We decline to judicially impose a restriction on the amendment of an agenda for a regularly scheduled meeting, especially when it is clear that no agenda is required at all. The imposition of any additional restrictions in FOIA is a matter for the General Assembly.

 

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