Municipal – FOIA – Town Council – Executive Sessions – Notice

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Brock v. Town of Mount Pleasant (Lawyers Weekly No. 010-025-16, 7 pp.) (John Kittredge, J.) Appealed from Charleston County Circuit Court (J.C. Nicholson Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct.

Holding: Special town council meetings require a posted agenda, though items outside the agenda may be added to an executive session discussion at the time of the meeting. Nevertheless, after the executive session concludes and the council reconvenes in open session, any action taken or decision made must be properly noticed and, in the case of special meetings, such items may not exceed the scope of the purpose for which the meeting was called.

The Court of Appeals failed to recognize that the respondent-town had committed technical violations of the Freedom of Information Act. As this case is already being remanded to the trial court for a redetermination of attorney’s fees, the trial court is instructed to add this ruling to its consideration of petitioner’s request for attorney’s fees.

We recognize that unforeseen events often occur and the town council may not have known what action it would take – to include on an agenda – prior to discussing legal issues and personnel matters during executive session. Thus, our holding does not require the town to list with specificity the actions it plans to take following an executive session; it only requires that the town give notice that some action may be taken. This gives the town council the flexibility to act as may be discovered appropriate during executive sessions while ensuring the public receives notice that the town council may take such action.

Affirmed as modified.