Port Royal is a step closer to a development agreement for the port property that covers a sizeable area of the town's waterfront, but the agreement reached by the State Ports Authority has trounced the state's Freedom of Information Act.

According to Wednesday's news report, the Ports Authority voted unanimously to leave 22 acres of open space on the 57-acre tract. That should please everyone, even the governor, who has advocated a larger central park on the water so that South Carolinians, whether they live in Port Royal or Pumpkintown in Pickens County on the other side of the state, may have a place near the water to play with their children.

Of course, a caveat was attached to Tuesday's agreement and that could alter plans. Glen Kilgore, a Beaufort resident and member of the Port Authority board, told a reporter Tuesday: "The plan benefits everyone involved, but it is not a fact because it is a conceptual plan." He said that when a developer looks at the town's and the Port Authority's plans changes to the marina or the addition of more homes could be made.

That Port Royal officials and the Ports Authority agreed in principle is good, but that an agreement was made when the public didn't know that a discussion was being held, much less that a vote would be taken, is bothersome. The item wasn't on the agenda. It just came up.

While a Ports Authority spokesman said that the discussion and vote were held in an open session, what good is a public meeting about a issue if the public doesn't know the topic is up for discussion? This gives the appearance of dodging the public. The law says give at least 24 hours notice. Spur of the moment meetings and decisions are usually reserved for emergencies. This decision didn't qualify.

While the authority seems to disagree and that a two-thirds majority can amend an agenda, Jay Bender, an attorney for the S.C. Press Association contends that it is illegal. It certainly violates the spirit of the law.

Again, public officials may have reached a commendable decision, but they got there the wrong way. The public may eventually enjoy a sizable park, but it shouldn't stand for the patronizing attitude of elected and appointed officials.