The following is information from the MASC General Counsel, Eric Shytle. who has provided follow-up information regarding adding items to an agenda of a meeting.
- Once an agenda is “posted” for FOIA purposes, “no items may be added to the agenda without an additional twenty-four hours’ notice to the public.” S.C. Code sec. 30-4-80(A). The only exception is that, after the meeting begins, council can vote by a 2/3 majority to add “an item upon which action can be taken.” If the item is one upon which final action can be taken, the same majority must find “an emergency or exigent circumstances.” Matters upon which final action can be taken include voice votes, appointments, adoption of resolutions, and second readings of ordinances.
- The earlier draft agenda is not relevant for this purpose, even if it was properly posted. Once the revised agenda was posted, the prior draft agenda was no longer valid for FOIA purposes. That means you could not “add back” items that were on the earlier draft agenda without complying with the procedure to add a new item.
- With respect to the process that led to revising the agenda and posting the revised agenda under FOIA, that is an internal matter for the city and is not governed by FOIA. Many municipalities have internal rules of procedure for how an agenda is internally approved and released for posting. We can work with you on drafting such procedures. (The City already has an internal process).
- To summarize, there are two related but separate processes involved here. The first process involves how the agenda is prepared, approved, and released for posting. That process is determined by local rules. The second process is the actual posting of an agenda under FOIA, including the means by which the posted agenda can be amended. That process is determined by state law.
- A final point. Under state law, either the Mayor or a majority of council can call a special meeting. There is no requirement of an emergency or exigent circumstances for a special meeting. In practice, many municipalities limit special meetings to exigent circumstances, simply as a matter of efficiency. But there is no such legal requirement – you can have a special meeting for any legitimate municipal purpose. The only real limitation on special meetings is that you can address only the matters for which the meeting was called. The same limitation would apply to public comments made at the special meeting, unless the council adopts different rules.
The City of Barnwell wanted to be clear on the process that we follow.
Administration