Beaufort County’s ‘problematic’ public records policy is now in effect. What it says
A new policy that legal experts say could impede the public’s right to access government records is now in effect for Beaufort County.
Monday night, Beaufort County Council voted 7-3 to approve the county’s uniform Freedom of Information Act policy. Supporters say it creates a countywide roadmap for how to respond consistently to requests for public records from reporters, lawyers, business owners and residents trying to find information about such things as taxes, real estate and trash and recycling programs.
The policy seeks to “balance Beaufort County’s commitment to transparency and openness” while protecting confidential information, it states.
But legal experts say the policy, which allows the county to redact disciplinary issues and resumes, withhold video and audio recordings and requires some citizens to sign an indemnity agreement before records are released, is problematic and places unnecessary barriers between citizens and their elected officials.
“While trying to address what could have been important changes to the way Beaufort County handles (S.C. Freedom of Information Act) requests, they may have created more problems with regards to trust from their constituents,” said Taylor Smith, an attorney who litigates Freedom of Information Act cases.
In February, The Island Packet and Beaufort Gazette reported that the county was planning to require citizens who request “extensive” tax records, housing records or records “pertaining to a large number of citizens in the county,” to swear the records will not be used for commercial solicitation. The affidavit in the policy required a notary and the signatures of two witnesses.
A month later, S.C. Assistant Attorney General Matthew Houck released an opinion saying a court would likely agree that the S.C. Freedom of Information Act does not authorize Beaufort County, or any S.C. government, to require citizens to sign an affidavit before public records are released.
Beaufort County, in response, replaced the affidavit requirement with a “Commercial Solicitation Statement.” The statement requires some citizens who request records to submit a signed form before records are released.
Smith called the required statement a “bad thing,” because it could cause citizens to think their rights to request records are different in Beaufort County from the rest of the state.
“It’s going to make it more difficult for people to learn the activity of their elected officials in Beaufort County,” he said. “It’s not something that I’ve seen be used as a tool to protect any other public body in the state of South Carolina.”
After Beaufort County’s decision to enact the policy, Smith said he hopes other governments considering similar policies will speak with their constituents about roadblocks the policy might create.
What the policy says
Beaufort County’s new Freedom of Information Act policy is intended to “provide the public and County’s employees with clear requirements and practices that will permit the County to operate in an open and public manner,” the resolution states.
The 10-page policy outlines step by step how citizens can file for public records, includes a cost breakdown for requests and describes exactly what the county doesn’t consider a public record.
The policy states:
▪ Government employees’ personnel files are considered public record, but says the county will redact drivers licenses, information about spouses and children, personal phone numbers, personal email addresses, resumes, health insurance, benefit packages, employee reviews and resignation letters. This information, the policy says, is redacted to protect employees’ privacy.
The S.C. Freedom of Information Act allows, but does not require, government entities to withhold certain documents from the public.
Other records, such as privileged communications, protected information or protected identities, are required to be withheld, according to the law. The county’s proposed policy states that the legal department has final say when the “applicability of an exemption is uncertain.”
For the full text of the policy and a list of what Beaufort County doesn’t consider a public record, click here.
