Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Foia And Procedure topic
No spam. Unsubscribe anytime.
Town attorney warns committee on Freedom of Information Act, quorum and executive‑session rules
Summary
Town attorney Curtis Coltrane reviewed committee bylaws, explained FOIA obligations (committee communications and records are public), clarified quorum rules (4 of 7), and described limited lawful grounds for executive session.
Curtis Coltrane, the town attorney, told the Accommodations Tax Advisory Committee that its activities are governed by the South Carolina Freedom of Information Act and the committee bylaws. Coltrane said a quorum (majority of a seven‑member committee, i.e., four) is required to conduct business and any communication among committee members about committee business may be a public record.
"If it is communication between members of the committee regarding the committee's business, the records are public," Coltrane said, and he cautioned members against informal text‑message chains tied to committee business: "Stop sending texts. It creates a records retention nightmare." Coltrane explained that a majority gathered together in any setting creates a public meeting with required public notice and that executive sessions are limited, allowed for matters like legal advice or personnel but not for voting.
A committee member raised whether an earlier meeting with four members satisfied quorum requirements for electing officers; Coltrane confirmed that if a meeting lacked a quorum, substantive actions would need to be re‑done. He directed members to follow standard notice and recordkeeping practices and to state the purpose when moving into executive session.
Coltrane’s guidance frames the committee’s procedural obligations ahead of the application‑review cycle and potential executive‑session consultations on legal questions.
