South Carolina transparency headlines
From Sunshine Review
October 29, 2009.
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South Carolina's Department of Health and Human Services is now posting Medicaid reimbursements online so that the public can more easily track how tax dollars are being distributed.
In 2007, inpatient hospitals received more than $843 million, according to information posted on the site.
Governor Sanford's spokesperson said about the project: "It's an outgrowth of what we're already doing with other state agencies on the state spending transparency site, which is aimed at giving taxpayers a better idea of how their dollars are being spent" [1]
Smoak had quoted SCRG $5,000, including a $2,500 deposit, as an "educated guess" on what it would cost to gather and compile the information, along with attorney fees. He said their request is for any and all correspondence related to his employment contract and travel from 2007-08.
The FOIA request asked for “any and all files, records, reports, written correspondence (including emails), memoranda, contracts, agreements, or other documents” relating to Smoak's contract, including amendments, and expense reports for any conference he attended.[2] SCRG President Randy Page maintains all he wants is the superintendent's travel receipts.
Under the state's Freedom of Information Act, districts can only charge for the actual cost of searching for and copying records. This is to be done at the lowest cost for the requester. Despite the clarity of the law, estimates varied greatly from districts of similar size and budget.
A dozen districts gave estimates of over $10,000 to furnish the records, while ten districts estimated $1,000 or less.[3]
Caucus leaders stressed that "Sunshine in South Carolina" package is just the first agenda they will push in 2009. It is broken down into three major categories: accountability, transparency, and good government.
The new rules change was adopted unanimously with little debate. While Gov. Mark Sanford has routinely criticized lawmakers for using voice votes, public outcry for increased transparency acted as a strong catalyst for the change.
Sen. Harvey Peeler, R-Cherokee, who offered the bill that was adopted, was hopeful about the change. He stated, “Some may say it was a small step by the Senate, but I view it as a giant leap for transparency.”[4]
The rules also reduced the number of Senators needed to request a roll-call vote down to three. Sen. Larry Martin was among those who did not agree with every detail in the bill, but said “I think the day of transparency, of voters having a better understanding of how we vote on things, is here."[4]
"Planning Commission member Steve Brock has filed suit against the town, alleging that Town Council repeatedly violated the state Freedom of Information Act.
Filed June 10, the suit asks the court to declare that council violated the FOIA in certain instances, such as gathering as a quorum without giving public notice, amending agendas at the last minute, inaccurately describing the purpose of closed-door sessions and debating a pending ordinance in e-mail messages."
"Greenville County Council’s vote to suspend its rules and give a new committee the power to approve contracts may have violated the state Freedom of Information Act because the issue wasn’t listed on the council’s public agenda, an expert in public access to government said Thursday."
"Horry County says it will cost more than $284 to fulfill a Carolina Forest Chronicle request for public records.
The fee, which county officials say includes labor and copying costs, is 10 times greater than the $25 rate quoted by the state's public safety department for the same information."
"Councilman Joe Bustos on Tuesday described as "bizarre" Councilman Gary Santos' suggestion that the town settle a lawsuit brought by Planning Commission member Steve Brock alleging council violations of the state Freedom of Information Act."
"The General Assembly wants to play an active role in the South Carolina economy -- that much is clear. The state has recently allocated millions of dollars to special projects, proposed targeted tax incentives, and even sponsored local festivals and parades -- all in the name of economic development.
If elected officials insist on tampering with the American free-market model, they should at least do it openly. Five simple, non-partisan transparency reforms would ensure greater accountability."
"A fertilizer company from Tampa, Fla., with a terminal at the shuttered Port of Port Royal recently filed a freedom of information lawsuit against the State Ports Authority.
The import company, which was forced to abandon its site at the port by a legislative change, is seeking damages from the state to compensate for the loss of its terminal space."
"The General Assembly wants to play an active role in the South Carolina economy — that much is clear. The state has recently allocated millions of dollars to special projects, proposed targeted tax incentives and even sponsored local festivals and parades, all in the name of economic development."
"Talk of consolidating the Bamberg-Ehrhardt and Denmark-Olar school districts and a Freedom of Information Act complaint that led to a lawsuit resulted in the immediate aftermath of a vote earlier this summer by Bamberg School District 1 trustees to close Ehrhardt Elementary.
Now, after the smoke has cleared, officials say consolidation of Bamberg School Districts 1 and 2, although an option, is not being entertained at this time and, if it ever should be, will not be entered into hastily."
"Charleston County School Board members' travel expenses are supposed to be published annually each August, according to the board's policy.
Last year, that didn't happen until after the newspaper requested the information. This year, the information was disseminated to school board members behind closed doors; the figures weren't posted on the district's Web site or distributed to media."
"In a prosecutor's "cautionary letter," members of the Atlantic Beach Town Council were told they broke the state's public meeting law in August but will not be charged for it.
Since the reported violation, the Town Council has not held any closed-door sessions, noted Solicitor Greg Hembree, indicating they broke the law at their August meeting accidentally and are trying to correct their own behavior."
"In their role as the public's watchdog, reporters often request criminal background histories on suspects, people in the spotlight or candidates running for public office.
Such checks can flag shady pasts or lengthy criminal records and add important context to news stories that educate and inform the public.
But apparently, this service also is costly. At least, that's what the State Law Enforcement Division implied this week when it announced that it will stop providing courtesy copies to media outlets and will now charge $25 for each criminal background check. The agency says the move is a cost-saving measure in response to statewide budget cuts."
"Locked in a government storage room are files that tell the story of a leaking nuclear waste landfill near Barnwell.
But when environmental lawyer Bob Guild asked to see the documents one day five years ago, state regulators only gave him a thin folder.
Landfill operator Chem-Nuclear had persuaded regulators to withhold many of the files, arguing the information included trade secrets. Without the records, Guild lost a court case that could have forced tougher disposal practices at the 37-year-old landfill."
"Charleston police are violating the state's open record laws by withholding key information about crime victims, witnesses and events from incident reports released to the public, one of the state's foremost experts on sunshine laws said.
After years of releasing crime reports in their entirety, Charleston police recently began blacking out names, addresses, phone numbers and other important details from the documents, claiming the information falls within privacy provisions of the state Freedom of Information Act.
"That's nonsense," South Carolina Press Association attorney Jay Bender said. "There is no justification for that. Once it goes in the public record, there is no privacy aspect to it.""
[edit] Boeing: Lawmakers Create the Illusion of Economic Growth
South Carolina are lawmakers on both sides of the aisle are patting each other on the back about Boeing's announced plans to build a second plant for 787 jets in North Charleston, SC, but they don’t want you to know the other side of the story, according to the South Carolina Policy Council.[5]
The legislature unanimously passed a bill Wednesday granting Boeing sales tax exemptions for fuel, computers, and construction materials for 10 years. The bill also authorizes up to $170 million in bonds to pay for infrastructure needed for the new manufacturing facility. In all, the incentives package is worth $450 million, according to the Charleston Post and Courier.[6] In return, Boeing must invest at least $750 million dollars over the next ten years for real estate and personal property in a single county and create at least 3,800 jobs.
“Boeing’s decision to expand in South Carolina is good news. Unfortunately, South Carolina taxpayers will have to pay them to do it,” said South Carolina Policy Council President Ashley Landess. “Clearly, legislative leaders misled the public and rank-and-file lawmakers about the purpose of this special session. The sine die resolution they passed in May did not permit them to consider economic development issues. A handful of politicians crafted a secret deal to take money from South Carolina businesses and taxpayers and give it to a billion dollar company.
"There was no substantive economic analysis presented to lawmakers or the public before the vote, and no way to determine the short- or long-term cost to taxpayers, or impact on business or unemployment in the state."
The Boeing deal is bad public policy because it's short sighted, with no guarantee new jobs will go to South Carolinians, non-transparent, as the bill passed by lawmakers was not the original bill passed back in April, and represents another step backward on tax reform.
“For the money we’re paying Boeing, we could come close to eliminating corporate taxes for all South Carolina businesses,” Landess said. “That kind of economic stimulus benefits the entire state and has a real impact on unemployment.”
“Legislative leaders are congratulating themselves for creating jobs. They didn’t. Instead, they increased the cost of government at the expense of already-struggling citizens, who cannot afford the cost of this subsidy.”
[edit] External links
- Boeing: Lawmakers Create the Illusion of Economic Growth, South Carolina Policy Council, Oct. 29, 2009
- Lawmakers Offered Lure Worth $450M, Charleston Post and Courier, Oct. 29, 2009
[edit] References
- ↑ Some Medicaid records now open to public Greenville Online, July 27, 2008
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedTD - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedSCPC - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedST - ↑ Boeing: Lawmakers Create the Illusion of Economic Growth, South Carolina Policy Council, Oct. 29, 2009
- ↑ Lawmakers Offered Lure Worth $450M, Charleston Post and Courier, Oct. 29, 2009
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