Monday, February 28, 2022

R2 changes FOIA procedure

In response to a FOIA Request filed this morning for all the records and statements pertaining to the January 25, 2022 incident (you know the one) just prior to the beginning of the board meeting at 5:30PM, I was informed by the FOIA Officer of a new procedure.

Now the District requets (requires?) the Request to be made on its webform, which can be found at www.richland2.org/FOIA  Before I use that form, I'll review South Carolina law. Many states allow a request to be submitted in narrative format, not using any form requested or demanded by the public body to which the Request is made.

Take a look at the description of the FOIA process posted on the District's website at that link. I'll tell you; the Federal Government has nothing on Richland 2. What did the preparation of that procedure cost? That's a week's worth of work by a high-priced lawyer. Was it done to simply to effort by the public? Or was there some other reason for it?

Particularly onerous is this section on the form:

Tell us who you areQuestion is mandatory
(Select one or more)


Richland 2 requires completion of that section (note the *), but I'm pretty sure the law does not require the Requestor to reveal his status in such a category. Any person can submit a FOIA Request. You don't have to live in the District or fit in any of those categories. 

Just imagine how that information could be used. The word "Weaponized" comes to mind. If a parent submits a FOIA Request, imagine how that might trickle down. If a student files a FOIA Request, would s/he have to worry about retribution or retaliation? Or a vendor? Kiss Good-bye to future work.

This new procedure pushes the request through the Let's Talk scheme of Richland 2 and provides a copy of the request by return email.

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