JENKINSVILLE – It’s not often that a public body violates the state’s Freedom of Information Act without actually holding a meeting.
But that’s exactly what happened when the Jenkinsville Water Company refused to release an agenda after cancelling Monday night’s meeting, according to open government experts.
The Voice requested a copy of the agenda as board members shuffled out of the meeting room. Instead of complying, board members said only the chairman is allowed to distribute the agenda.
When The Voice pointed out that state law gives the board permission, another board member questioned the newspaper’s intent.
“If we don’t have a meeting, then why do you need an agenda?” asked board member Jeral Smith.
“We don’t have permission,” another board member quipped.
The Voice requested the agenda to report on items of business that the board otherwise would’ve discussed had it met.
It’s also a violation of FOIA to refuse to provide an agenda when a member of the public asks for one, said Jay Bender, an attorney representing the S.C. Press Association.
“Very clearly, if there’s an agenda, there’s a public record and it’s supposed to be made available with notice of the meeting,” Bender said. “It doesn’t matter whether the chairman thinks it should be released.”
State law also requires the JWC and other public bodies to post the meeting notice and agenda at its meeting location within 24 hours of the meeting.
That didn’t happen either, according to an inspection by The Voice.
It’s unclear why the water company board didn’t hold a meeting. Five members were present, constituting a quorum of the nine-member board, though chairman Greg Ginyard and vice-chairman Joseph McBride were absent.
Fairfield County Councilwoman Bertha Goins, a frequent critic of the water company, came to Monday’s meeting.
Goins said she attended to observe the board. She expressed dismay that board members wouldn’t release the agenda, and lamented the board’s general lack of transparency.
“Nobody’s documenting anything. There are no facts or policies and procedures for anything,” Goins said. “Nothing has changed. It’s the same thing withholding of information.
“They’re not following state regulations, they’re not reflecting the members,” Goins continued. “It’s irritating. It says you’re not doing the job that the members require of you.”
In the past five months, the Jenkinsville Water Company has continued to come under fire for transparency issues during virtually every meeting.
In April, after a lengthy executive session, the board voted to accept “Items A, B and C” without specifying what those items involved.
The following month, the JWC didn’t publicize when and where the unsealing of bids to a company tapped to install a new water well. Board members also refused to answer questions about the water usage report at the direction of Ginyard.
Dee Melton with Broad River Campground sued the JWC in 2014, alleging violations of FOIA. The lawsuit is pending.
In 2011, the State Attorney General’s Office issued an opinion that the Jenkinsville Water Company is a public body that must comply with the FOIA.
Also in 2011, the water company faced criminal charges under the “willful violation” provision of the FOIA.
However, the case died in 2012 when the solicitor’s office declined to prosecute.
