FOIA | oconeelaw

Freedom of Information Act

Under S.C. Code Ann. § 30-4-30(C), the Oconee County Sheriff’s Office, upon written request for records made under this chapter, shall within ten days (excepting Saturdays, Sundays and legal public holidays) of the receipt of the request notify the person making the request of its determination and the reasons for it; provided however, that if the record is more than twenty-four months old at the date the request is made, the Sheriff’s Office has twenty days (excepting Saturdays, Sundays and legal public holidays) of the receipt of this notification.

This determination must constitute the final opinion of the public body as to the public availability of the requested public record, however, the determination is not required to include a final decision or express an opinion as to whether specific portions of the documents or information may be subject to redaction according to exemptions provided for by S.C. Code Ann. § 30-4-40 or other state or federal laws.

If the request is granted, under S.C. Code Ann. § 30-4-30(C), the Oconee County Sheriff’s Office will furnish or make available, for inspection or copying, the record within thirty calendar days from the date on which the final determination was provided, unless the records are more than twenty-four months old, in which case the Oconee County Sheriff’s Office has no later than thirty-five calendar days from the date on which the final determination was provided.

S.C. Code Ann. § 30-4-30(2)(B) states that a public body (the Oconee County Sheriff’s Office) may establish and collect reasonable fees not to exceed the actual cost of the search, retrieval and redaction of records for requests under the South Carolina Freedom of Information Act. The Sheriff’s Office also reserves the right to request a deposit not to exceed twenty –five percent of the total reasonable anticipated cost for reproduction of the records, which may be required prior to the public body searching for or making copies of records.

Copy charges may not apply to records that are transmitted in an electronic format.If records are not in an electronic format, and the public body agrees to produce them in an electronic format, the public body may charge for the staff time required to transfer the documents to an electronic format.(S.C. Code Ann. § 30-4-30(2)(B).

The fee schedule is as follows:

Hourly rate for search, retrieval and redaction of documents and records - $18.96 per hour

Copy rates for physical copies of documents: .50 cents per page

Thumb Drives/CD’s/DVD’s: $5.00 each.

DATA RECORDED BY A BODY WORN CAMERA

According to S.C. Code Ann. § 23-1-240(G)(1), data recorded by a body-worn camera is not a public record subject to disclosure under the Freedom of Information Act.Under certain criteria (as explained in S.C. Code Ann. § 23-1-240(G)(5), data recorded by a body-worn camera can be requested, and received, under certain criteria, pursuant to the South Carolina Rules of Criminal Procedure, the South Carolina Rules of Civil Procedure, or a court order.

INFORMATION PERTAINING TO MINORS

Under S.C. Code Ann. § 63-19-2030(A), information identifying children pursuant to this chapter are confidential and may not be disclosed, directly or indirectly to anyone, other than those entitled to receive the information.

PUBLISHING NAMES OF VICTIMS OF CRIMINAL SEXUAL CONDUCT UNLAWFUL

Under S.C. Code Ann. § 16-3-730, the publishing of the name of any person upon which the crime of criminal sexual conduct has been committed, or alleged to have been committed, is unlawful.

MINIMUM NUMBER OF DAYS TO RETAIN 911 CALLS

Under S.C. Code Ann. § 23-47-20, electronic recordings of 911 calls are retained for a minimum number of 60 days.

SECTION 30-4-100. Injunctive relief; costs and attorney's fees.

(A) A citizen of the State may apply to the circuit court for a declaratory judgment, injunctive relief, or both, to enforce the provisions of this chapter in appropriate cases if the application is made no later than one year after the date of the alleged violation or one year after a public vote in public session, whichever comes later. Upon the filing of the request for declaratory judgment or injunctive relief related to provisions of this chapter, the chief administrative judge of the circuit court must schedule an initial hearing within ten days of the service on all parties. If the hearing court is unable to make a final ruling at the initial hearing, the court shall establish a scheduling order to conclude actions brought pursuant to this chapter within six months of initial filing. The court may extend this time period upon a showing of good cause. The court may order equitable relief as it considers appropriate, and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists.

(B) If a person or entity seeking relief under this section prevails, he may be awarded reasonable attorney's fees and other costs of litigation specific to the request. If the person or entity prevails in part, the court may in its discretion award him reasonable attorney's fees or an appropriate portion of those attorney's fees.

SECTION 30-4-110. Hearings regarding disclosure; appropriate relief; civil fine for violation.

(A) A public body may file a request for hearing with the circuit court to seek relief from unduly burdensome, overly broad, vague, repetitive, or otherwise improper requests, or where it has received a request but it is unable to make a good faith determination as to whether the information is exempt from disclosure.

(B) If a request for disclosure may result in the release of records or information exempt from disclosure under Section 30-4-40(a)(1), (2), (4), (5), (9), (14), (15), or (19), a person or entity with a specific interest in the underlying records or information shall have the right to request a hearing with the court or to intervene in an action previously filed.

(C) If a person or entity seeking relief under this section prevails, the court may order:

(1) equitable relief as he considers appropriate;

(2) actual or compensatory damages; or

(3) reasonable attorney's fees and other costs of litigation specific to the request, unless there is a finding of good faith. The finding of good faith is a bar to the award of attorney's fees and costs.

(D) If a court determines that records are not subject to disclosure, the determination constitutes a finding of good faith on the part of the public body or public official, and acts as a complete bar against the award of attorney's fees or other costs to the prevailing party should the court's determination be reversed on appeal.

(E) If the person or entity prevails in part, he may be awarded reasonable attorney’s fees or other costs of litigation specific to the request, or an appropriate portion thereof, unless otherwise barred.

(F) If the court finds that the public body has arbitrarily and capriciously violated the provisions of this chapter by refusal or delay in disclosing or providing copies of a public record, it may, in addition to actual or compensatory damages or equitable relief, impose a civil fine of five hundred dollars.