SCAC trainer reviews county administrator powers, FOIA limits and executive‑session confidentiality at Beaufort County workshop

John Deloach, representing the South Carolina Association of Counties, gave a training to Beaufort County Council at a workshop focused on the county administrator form of government and legal limits on councilors’ access to information.

Deloach explained that in the council‑administrator model — the form Beaufort County has adopted — “the administrator is the operational head of those departments,” and the elected council holds legislative authority under the Home Rule Act. He told councilors that the administrator prepares the county’s budgets and directs departments, while offices created by specific statutes (for example, the treasurer and sheriff) remain outside the administrator’s direct supervision.

The presentation emphasized attorney‑client privilege and the limits on what an individual council member can demand. Deloach cited case law and said legal opinions that are attorney‑client privileged belong to county counsel as a whole; a single council member may not unilaterally waive that privilege. He described the Supreme Court rulings that require a majority vote of council before disclosing privileged legal work-product or attorney advice.

Councilors asked how the county could penalize someone who disclosed executive‑session information. Deloach said formal censure by council is a standard remedy and that civil liability is possible in some circumstances, but FOIA itself does not automatically create a separate criminal penalty for such disclosures. “It’s dangerous,” he said of waiving privilege without broad deliberation, and urged councils to adopt internal rules that spell out confidentiality and discipline procedures.

During questions, Deloach recommended including the county attorney or outside counsel and any staff needed to brief council when a matter is placed into executive session. He also urged caution in email and other communications because public records laws can make emails and messages subject to disclosure.

The training was followed by a short break and later by substantial council discussion of committee structure and other procedural topics.

The workshop did not produce formal ordinances; the presentation was intended as guidance and a primer on statutory authorities and practice. The council said it would consider adopting clearer rules and internal procedures on confidentiality and censure as a next step.