Rules laid out for Atlantic Beach public records

An Atlantic Beach resident has reached an agreement with town officials on how the town will make public records available.

The agreement came after Atlantic Beach resident Paul Curry filed a lawsuit years ago against the town claiming that the town violated the Freedom Of Information Act by not making requested public records available to him.

An order from a local master-in-equity judge shows the town must make public records available to the public to inspect and copy with a minimum delay, and to prepare a justification for any money the town charges for Freedom Of Information Act requests after a resident filed a lawsuit against the town stating that it did not provide him with minutes, agendas and other public records he requested.

Judge Cynthia Graham-Howe rendered her decision earlier this year after Curry filed the lawsuit in 2005.

Curry, who has also filed two other lawsuits against the town since then, said Thursday that he also wants to see charges filed against the then-town manager who refused to give him the records. He said he has sent a copy of a letter with that request to 15th Circuit Solicitor Greg Hembree.

Deputy Solicitor Jimmy Richardson couldn't say Thursday whether the solicitor's office has received the letter. But he said if the solicitor's office received such a letter, they would look into it; however, he thinks it is a civil matter, he said.

State law states that anyone who willfully violates the state Freedom of Information Act can be found guilty of a misdemeanor.

Town Attorney John Zilinsky said the agreement "helps encourage the town in the future not to be lax about it."

Howe's order included that the town must post a copy of the state FOIA and a copy of the Public Officials' Guide to Compliance with South Carolina's Freedom of Information Act in Town Hall for town officials and staffers. Those who prepare, own, use, possess or retain public records must read the guide and sign a statement stating they did. The town must put in writing each time the Town Council goes into executive session that it was for the specific purposes stated. The town also must not require personal information such as name, address, and telephone number from anyone requesting public records.

The town also must pay $5,000 in Curry's legal fees.

Curry ran for Town Council in 2009.

In 2008, he filed a lawsuit against the town claiming that the town was not following its ordinance regarding noise, golf carts, and alcohol during its annual Memorial Day Bikefest. That suit is scheduled to go to trial March 31, town officials have said.

Town Council members recently gave an initial approval to make changes in the town's ordinance regarding vendors, alcoholic beverages, traffic plans and the use of golf carts during this year's Memorial Day Bikefest.

Curry's other lawsuit is also regarding the FOIA after Town Council in 2008 discussed a matter regarding a festival in executive session which should have been discussed in public.

Curry said Thursday that that suit is still pending.