Post and Courier Wins a Biggie…

The Post and Courier

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Great news from South Carolina….

The S.C. Supreme Court on Monday ruled in favor of The Post and Courier in its quest to gain access to individual evaluations of former schools Superintendent Chester Floyd’s performance.

The dispute between the Berkeley County School District and the newspaper dates to 2007, when school district officials refused the newspaper access to board members’ individual summations of then-Superintendent Chester Floyd. The board released only an overall evaluation of the superintendent. The district said its documents were protected under attorney-client privilege because its lawyers had facilitated the process.

The newspaper’s lawsuit countered that the tactic circumvented the state’s Freedom of Information Act.

After five of the nine board members gave Floyd a commendable review for 2007, he received a 5 percent raise, bringing his salary to $196,980. The district refused to disclose how the other four board members rated him.

Newspaper attorney Charles Baker said Monday’s ruling made clear two things: a motion by the newspaper to gain access to a blank copy of the questionnaire that individual board members completed should have been granted; and the lower court’s summary judgment, which cut off the newspaper’s ability to prove its case, was premature.


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