FOIA update: executive session action on agenda

Listen to the City Quick Connect podcast interview with the Association's Tiger Wells answering questions about this recent ruling.

The SC Supreme Court recently ruled in the case of Brock v Town of Mount Pleasant regarding executive sessions. Brock alleged the town violated the Freedom of Information Act by listing an executive session on its agenda but not indicating council would take action after the executive session.

This ruling indicates a public body, after exiting executive session, may only take action on a matter discussed during the closed session if the agenda acknowledges the possibility of that action.

The following statement should be included on the agenda after an executive session listed on the agenda: “Upon returning to open session, Council may take action on matters discussed in executive session.”

In light of the changes that were made to the FOIA law’s notice provisions in 2015 following the Lambries case, this rule also likely applies when a regular or special meeting agenda is amended to add an executive session regarding a topic that was not included on the agenda published prior to the meeting.

The Association's Tiger Wells discusses this ruling and answers questions on the City Quick Connect podcast.