Posts in Category: Meeting Notice/Agenda

Technical Bulletin Addendum: Meeting Notice and Agenda Requirements 

2015 Act No. 70 (R. 99, S. 11)
Tuesday, June 23, 2015 4:37:00 PM Categories: Meeting Notice/Agenda

This Technical Bulletin Addendum is to provide additional information not included in the Technical Bulletin dated June 16, 2015, which outlines requirements for posting and amending agendas in Act No. 70 of 2015. Please distribute this to other departments in your county.

Section 1 of the Act provides that an agenda for regularly scheduled or special meetings must be posted on a bulletin board in a publicly accessible place at the office or meeting place of the public body, and on a public website maintained by the body, if any, at least twenty-four hours prior to such meeting. Based on this language, it appears that a  public body that has a website is required to post the meeting agendas on their website in addition to posting them as they have traditionally  done at their meeting place at least twenty-four hours prior to a meeting. It is unclear whether a meeting has to be rescheduled if the a public body cannot post an agenda electronically twenty-four hours prior to a meeting because the website is down, but they have physically posted the agenda at their meeting place at least twenty-four hours prior to the meeting. SCAC will attempt to have the Act amended in January to clarify this issue.

This Technical Bulletin Addendum does not constitute legal advice. It is intended for general information on this topic. Please consult your county attorney for specific issues affecting your county.

Meeting Notice and Agenda Requirements 

2015 Act No. _ (R. 99, S. 11)
Tuesday, June 16, 2015 9:23:00 AM Categories: Meeting Notice/Agenda

This Technical Bulletin outlines requirements for posting and amending agendas. This Act is in response to the 2014 South Carolina Supreme Court decision in the case of  Lambries v. Saluda County Council et al, where the Court found that the Freedom of Information Act (FOIA) notice provisions found in ยง30-4-80 does not require an agenda to be issued for a regularly scheduled meeting. A copy of the Act is linked for your convenience.

Section 30-4-80(A) of the Act requires agendas for all meetings of public bodies. Agendas must be posted on a bulletin board in a publicly accessible place at the office or meeting place of the public body and on a public website maintained by the body, if any, at least 24 hours prior to such meetings. All public bodies must post on such bulletin board or website, if any, public notice for any called, special, or rescheduled meetings. Such notice must include the agenda, date, time, and place of the meeting, and must be posted as early as is practicable but not later than 24 hours before the meeting. This requirement does not apply to emergency meetings of public bodies. Once an agenda for a regular, called, special, or rescheduled meeting is posted, no items may be added to the agenda without an additional 24 hours notice to the public, which must be made in the same manner as the original posting. After the meeting begins, an item upon which action can be taken may only be added to the agenda by a two-thirds vote of the members present and voting. However, if the item is one upon which final action can be taken at the meeting or if the item is one in which there has not been and will not be an opportunity for public comment with prior public notice given, it may only be added to the agenda by a two-thirds vote of the members present and voting and upon a finding by the body that an emergency or an exigent circumstance exists if the item is not added to the agenda. An example of an exigent circumstance is where County Council has to approve a matter in order to meet a deadline for a grant qualification. If this item was not on the posted agenda and Council does not amend the agenda to address this matter, the county will lose the opportunity to obtain the grant. The Act does not change the notice requirements for matters that require a public hearing, such as the budget.

This Technical Bulletin does not constitute legal advice. It is intended for general information on this topic. Please consult your county attorney for specific issues affecting your county.