Thursday, September 2, 2021

Richland 1 in court over Executive Session

FitsNews.com reported on September 1, 2021 that a Richland One parent is suing Richland School District One for, among other things, conducting a discussion in a closed meeting that should have been held in the open.

Richland One parent Flynn Bowie, Jr. has filed the suit. As of this morning, the case is not yet listed on the courts' Public Index. When it is, I'll report which court it is in.

Public bodies, such as school boards, can conduct certain discussions in private, secret Executive Sessions. Richland Two does this at almost every school board meeting. However, it is legal to discuss only certain topics as listed among Exclusions in the FOI Act of the State.

The only recourse a citizen has in South Carolina is to file a lawsuit, as Mr. Bowie has done.

In Illinois the Office of the Attorney General includes the Public Access Counselor (PAC). The PAC acts as a buffer zone between the public and a public body. I appealed often to the PAC, as did others. When a public body denied a FOIA request, it could be appealed to the PAC. The PAC would investigate. Often it sided with the citizen and directed the public body to reply more fully, or in full, to a FOIA request.

But if the public body still refusesd the PAC in Illinois had no teeth to sink into the public body. The further recourse of the person whose FOIA request was denied was to go to court. I knew a reporter who did just that. His attorney took the case pro bono, but with the condition she'd get paid if the lawsuit was successful. It was, and it cost the sheriff's department there $80,000 for being so bull-headed. 

South Carolina gives a citizen no such help from the Attorney General. If a parent or citizen is stiff-armed by a public body, the only recourse is court.

Which brings to me ... Richland 2.

Should Richland 2 be forced to reveal any decisions made on August 16, 2021 Executive Session about authorizing the superintendent to go ahead with a lawsuit without further discussion or authorization by the full school board?

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