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ALAN WILSON
ATTORNEY GENERAL
January 04, 2022
Anne Marie Green
Board Chair
Lexington County School District One
P.O. Box 1869
Lexington, SC 29071-1869
Dear Ms. Green:
Attorney General Alan Wilson has referred your letter to the Opinions section. Your
letter states the following:
As Chair of the Board of Trustees of Lexington County School Board
One, I am requesting an opinion from the Office of the S.C. Attorney General
regarding a provision of the S.C. Freedom of Information Act (FOIA).
Specifically, the Board seeks an opinion regarding the proper meaning and
application of Section 30-4-90(a)(4) of the FOIA concerning the ability of one
member of a public body-in this case, a member of the school board- to have
included in the body's meeting minutes, without Board majority consensus,
information and/or documents that the individual member insists be included in
the minutes.
One concern is that inclusion in Board meeting minutes of the email in
question, which notes one Board member's negative view of the performance of
an employee, intrudes on the role and function of the Administration under the
direction of the Superintendent. This principle of distinct roles of the Board, its
individual members, and the Administration is embodied in several provisions of
Board policy, including Policy BC (It is the responsibility of each board member
to do the following: ... Understand that the basic function of a school board is
policymaking, not administration, and accept the responsibility of learning to
discriminate intelligently between these two functions) and Policy BDD (Board
will [a]llow the superintendent to administer the schools, and will
[c]ommunicate with staff members through the superintendent; Superintendent
REMERT C. DENNIS BUILDING o POST OFFICE Box 11549 . COLUMBIA, SC 29211-1549 . TELEPIIONE 803-734-3970 * FACsMILE 803-253-6283](ViewImageLocal?handle=hein.sag/sagsc0164&div=1&collection=&method=preview&ext=.png&size=3)