COLUMBIA - A series of bills to strengthen the state's open-meetings and
records laws have been introduced in the state House.
Rep. Phil Sinclair, R-Spartanburg, filed four bills this week that would
target chance meetings that skirt the law, require affidavits when public
officials close meetings, shorten the time that public bodies have to respond to
requests and cap copying costs.
The measures, filed in the midst of the news media's national recognition of
Sunshine Week for open meetings and records, target issues that have created
problems that the media and the public have had with South Carolina's Freedom of
Information Act.
Last year, the South Carolina Press Association, The Associated Press and
newspapers throughout the state examined how county councils and school boards
conduct closed meetings and how police agencies handle public records.
With the councils and boards, a quarter of the members surveyed said they had
been in closed-door meetings where state law was broken because discussions
strayed beyond the topics they were allowed to discuss.
"The abuse of executive sessions is the biggest problem we have with the
law," said Bill Rogers, executive director of the SCPA.
The audit's findings prompted calls for a change that would require public
bodies to sign affidavits after they've used a privilege in the FOI law to bar
the public from discussions.
Sinclair's legislation would require all members of a public body to sign an
affidavit swearing that they told the public what topics they would discuss and
that they discussed only those behind closed doors. If they lie and are
convicted, they could be fined $100 and put in jail for up to six months.
The bill should help public bodies take executive sessions seriously and
avoid making mistakes, Rogers said.
A related bill would target informal meetings that could be used to skirt the
law. Currently, members of a public body can't use social gatherings, e-mail or
chance meetings to circumvent the spirit of the law and act on items the public
body controls. Under the legislation, public bodies would break the law even if
they didn't take action during those encounters.
Last year's FOIA audit also found inconsistent copy fees at law enforcement
agencies across the state despite a law that says public documents must be
provided at the "lowest possible cost." Journalists seeking copies of police
reports had to pay an average of nearly $3 even though the documents often are
no more than two pages.
One of Sinclair's bills says government agencies can charge no more for
copies than what the local copy shop would charge.
The legislation also would end a practice some government bodies use to deter
information requests by charging high fees to search for records.