Letter to the editor: Clarendon County council should reconsider FOIA policy draft

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I am writing to voice my concerns about the proposed Freedom of Information Act (FOIA) policy draft currently under consideration by the Clarendon County Council. While transparency and accountability are crucial in government, this draft policy raises serious questions about its necessity, cost and compliance with state law.

South Carolina's FOIA law (S.C. Code Ann. Title 30 Chapter 4) already provides comprehensive guidance for handling public records requests. Why is a separate county policy needed when the law clearly governs all public bodies in the state? Taxpayers deserve to know how much money was spent drafting this lengthy policy. If the goal was to establish a fee schedule or clarify minor procedural details, this could have been accomplished with a simple, one-page document.

Moreover, the draft policy introduces provisions that could potentially conflict with state law. For instance, it imposes stricter restrictions on architectural plans, surveys and security-related recordings than those outlined in S.C. Code Ann. §30-4-40. Additionally, its provision to close FOIA requests after 90 days of "inactivity" is not addressed in state law and could unjustly limit access to public information.

The policy also mandates requesters to sign an indemnity agreement to avoid "commercial solicitation," a procedural burden absent from state law. These extra hurdles do not enhance transparency - they create unnecessary barriers for the public.

If the council's intent was to simplify or standardize FOIA processes, they could have taken inspiration from the South Carolina Attorney General's FOIA guide (www.scag.gov/freedom-of-information-act-foia). This concise and straightforward resource proves that clarity can be achieved without excessive complexity.

I hope our two newly elected councilmen will take a strong stand against this unnecessary and problematic draft policy. Their leadership is vital in ensuring that taxpayer money is not wasted on redundant measures and that public access to information remains fair and uncomplicated.

The proposed FOIA policy is redundant, potentially problematic and an unnecessary expense to taxpayers. I urge the council to reconsider adopting this draft and instead focus on aligning with existing state law, minimizing costs and preserving the public's right to access information without undue burdens.

TERREY STREATH

Summerton


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