FREEDOM OF INFORMATION ACT REQUESTS
Fee Schedule for Staff Time and Copies
| Description | Charge |
|---|---|
A minimum charge to pay costs for responding to all FOIA requests (Paid upon receipt of records) | $3.00 |
Charge per page for hard copy of records | $0.20 per copy |
Charge for staff time to search, retrieve, or redact records | $20.00 per hour |
Charge for other media used to provide records | Actual cost of media to City |
Deposit for anticipated or apparent staff time exceeding 5 hours | 1/4 of estimated costs |
At the discretion of the Town of Elgin, any portion of the rate may be waived.
Policy Statement:
The Town Council (the “Council”) of the Town of Elgin, South Carolina (the “Town”) recognizes the findings of the General Assembly of South Carolina that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy. In order to ensure that the Town conducts public business in an open and public manner, it shall be the policy of the Town to comply with both the letter and the spirit of the Freedom of Information Act (“FOIA”), as codified at Sections 30-4-10 et seq. of the Code of Laws of South Carolina 1976, as amended, in regards to the processing of requests for access to public records.
Making a FOIA Request:
All requests for public documents pursuant to FOIA, except for those described below, must be made in writing and submitted either (i) in person at the Elgin Town Hall,2469 Main Street, Elgin, SC 29045; (ii) by mail to Town of Elgin, Attn: Town Clerk, 2469 Main Street P.O. Box 277 Elgin, SC 29045; or (iii) by electronic mail. Ideally, requests will be made using the FOIA Request Form (the “Request Form”) provided by the Town and made available to the public, a copy of which is attached hereto. Requests made by letter or in some other written form should contain substantially the same information provided for on the Request Form. Requests should not be submitted by fax. In order to ensure the most accurate and prompt response, requests should be as detailed, specific, and descriptive as possible. With the exception of the records detailed below, a minimum charge of $3.00 is applied to all FOIA requests to compensate for the cost of the staff time and materials necessary to respond to the request.
Requests to inspect the following public records need not be in writing provided the requestor appears at the appropriate Town office in-person and within normal Town Hall business hours:
- Minutes of all public meetings of the Town of Elgin for the preceding (6) six months; and
- Reports from the preceding fourteen (14) days which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed (with the exception of records regarding juveniles); and
- Documents identifying persons confined in any jail, detention center, or prison for the preceding (3) three months (with the exception of records regarding juveniles); and
- Documents produced by the Town or its agent that were distributed to or reviewed by a member of the public body during a public meeting for the preceding (6) six months.
Processing FOIA Requests:
Where any Town employee receives any written request for public records, the request should immediately be stamped with the date of receipt and delivered to the Town Clerk. The Town Clerk should evaluate FOIA requests based upon the statutory requirements of FOIA with regards to any applicable exemptions, federal restrictions on disclosure, or limitations on the commercial use of data. However, the presumption in evaluating FOIA requests should be in favor of disclosing the requested records. Where an exemption to FOIA could possibly permit the Town Clerk to decide not to disclose the requested records, the Town Clerk should consult with the Town Council and Town Attorney to determine if the exemption applies and whether the Town should decline to disclose the records based upon the exemption.
Initial Response Deadlines:
The Town Clerk must respond to all FOIA requests within the timeframes outlined below:
Document Age | Response time |
Less than 24 months old | Within 10 business days |
More than 24 months old | Within 20 business days |
It shall be the policy of the Town to respond to FOIA requests as quickly as possible. Where possible, the response to the request should include the requested records. Otherwise, the response should either inform the requestor that the requested records will be made available, along with the means of obtaining them and any additional costs that will be charged for making the records available, or it should inform the requestor that the requested records fall under an exemption to FOIA and will not be disclosed. The initial response shall constitute the final determination of the Town as to whether records are available and subject in whole to an exemption under FOIA, but will not constitute a final opinion as to whether portions of the requested documents are subject to redaction under a FOIA exemption.
Production Deadlines:
For all granted requests, the Town shall furnish the records within the time frames outlined below, as measured from the date of initial or response or, where applicable, the payment of a deposit.
Document Age | Production time |
Less than 24 months old | 30 calendar days |
More than 24 months old | 35 calendar days |
The response and production deadlines may be extended by written mutual consent, and the requesting party may not unreasonably withhold such consent. The Town shall not create new records, nor summarize existing records. Requested records shall be released in the format most convenient to the Town. The Town may, in its discretion, create electronic records where they do not otherwise exist.
Records Exempt From Disclosure:
The Town adopts as a part of this Policy any and all exemptions, restrictions or limitations contained within FOIA, as FOIA may be amended from time to time, along with any other exemptions, restrictions or limitations that may be provided for now or in the future under South Carolina or federal law. As previously stated herein, the Town Clerk, consulting with the Town Council and Town Attorney, shall determine whether an exemption to the disclosure requirements of FOIA applies. Where an exemption, restriction, or limitation applies, the Town Clerk, based upon consultation with the Town Council and Town Attorney, should decide whether to deny disclosure based upon that exemption, restriction, or limitation. Where records contain certain information exempt from disclosure but which otherwise fall outside of an exemption, restriction or limitation, the exempted information shall be redacted and requested records shall otherwise be disclosed. The Town may request for a hearing before the Circuit Court of Kershaw County to seek relief from unduly burdensome, overly broad, vague, repetitive, or otherwise improper requests, or where it receives a request but is unable to make a good faith determination as to whether the information is exempt from disclosure.
Failure to Comply:
In addition to penalties available under FOIA, willful disregard of, or violation of, this Policy by any employee or other person who is subject to it, may constitute insubordination and be grounds for disciplinary action up to and including termination of employment.
Costs for Processing FOIA Requests:
The Town Council, pursuant to Section 30-4-30 of the Code of Laws of South Carolina, as amended, has established the fee schedule below, which has been made available as part of the Town’s schedule of fees and charges published as an appendix to the Town’s Code of Ordinances. The charges set forth therein are no greater than, and in some instances may be less than, the actual cost to the Town of searching for and making copies of requested public records. In general, costs for staff time necessary to respond to a FOIA request shall not exceed the prorated hourly salary of the lowest cost employee of the Town who, in the opinion of the Town Clerk, has the training necessary to fulfill the request. Costs shall not be charged for time spent examining records to determine whether they may be disclosed. Charges for copies of records will not exceed the standard commercial rate. Additionally, copy charges do not apply to electronic copies; however, the Town may charge a fee for cost of staff time to transfer the document to electronic format and the actual cost to the Town for electronic media. Where it is anticipated that the staff time necessary to comply with a request may exceed five hours, the requestor may be required to pay a deposit of one quarter of the estimated costs of complying with the request before staff will begin searching for or making copies of the requested records. Requesting party shall pay the full amount due prior to delivery of records.
Prohibition on Commercial Solicitation Use:
Knowingly obtaining or using personal information obtained from the Town for commercial solicitation is strictly prohibited. The measure employed by the Town to ensure that no record is used for commercial solicitation purposes shall be to deny requests for records under FOIA where the only reasonably perceptible use for the requested records by the requesting party is commercial solicitation. Upon denial of a request by the Town, the requesting party is to be notified that it has the burden to demonstrate a purpose for which the requested records may be used that is not commercial solicitation. All responsive communications provided by the Town shall include a Certification of FOIA Fulfillment (“Certification”), a copy of which is attached hereto. The Certification will be signed by the Town staff person charged with providing requested records and will include the following statement:
Pursuant to § 30-2-50 of the Code of Laws of South Carolina, 1976, as amended, you are prohibited from knowingly using public records obtained from the Town of Elgin for commercial solicitation. Violation of this law is punishable by law as a misdemeanor, resulting in up to a year in prison or a fine not to exceed $500.