RICHARD A. HARPOOTLIAN OFFICE DIRECT CONTACT I I 4 0 LAUREL TELEPHONE (803) 252-4848 I COLUMBIA, SC FACSIMILE (803) 252-48 I C) CHRISTOPHER P. KENNEY 392m TOLL FREE (866) 705-3997 MAILING ADDRESS ONLINE HARPOOTLIAN JAMIE L. POST OFFICE Box I090 HARPOOTLIANLAW.COM OF COUNSEL COLUMBIA. SC A A A IN LOUISIANA 29202 November 22, 2017 VYA HAND DELIVERY, ELECTRONIC IMAIL 0 TT (V IJA II us IYMIJJ- Mr. Gerald Seals, County Administrator Richland County Administration Building 2020 Hampton Street, Suite 4069 P0. Box 192 Columbia, SC 29204 In re: South Carolina Freedom of Information Act Request Dear Administrator Seals, I am writing on behalf of my client, Public Access to Public Records (PAPR), to request the disclosure of public records pursuant to the South Carolina Freedom of Information Act (FOIA), s.c. Code Ann. 30-4-10 e_t Loci. Enclosed as Exhibit A is public records request to you and your of?ce. Please allow me to direct your attention to several items relevant to this request. First. you are required to respond within requested record is more than 24 months old as of the date of thisi'letter, in which case you have 20 days (excluding Saturdays, Sundays, and legal holidays) to respond. SC. Code Ann. Because some of the records requested here fall into both categories, you may provide a single response as to all requested items within the 20-day deadline. By my calculation, your response is due on or before December 21. 2017. Second, you should take notice of the de?nitions and instructions sections preceding my client?s request. Those sections are part of our good-faith effort to provide a clear, speci?c request for the public records we expect to receive. It is not boilerplate language to be ignored and my client may insist on compliance with the de?nitions and instructions contained in this request. Third, many of the records sought through this request are electronically stored information (ESI). As explained in the de?nitions and instructions to this request, PAPR requires these records be produced in their electronic or ?native? form?not printed and produced as paper copies. My client believes it has a legal right to receive ESI, but also that producing is a less costly and less burdensome way to provide citizens with information about their government. Accordingly, when a record exists in E81 and paper form, my client only seeks disclosure of the responsive ESI. Fourth, please consider waiving any fee associated with responding to this request. The FOIA authorizes you to furnish records ?without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily bene?ting the general public.? SC. Code Ann. 30- PAPR is a non-profit organization committed to promoting public access to public records and strengthening the FOIA and other public disclosure laws that enable citizens to a I. - -..- - .- .. .- .- . - - - a - -v a. intends to make these records available to the public in a free, searchable, online database. In light of this public purpose, please consider exercising your discretion under the FOIA to waive any fees associated with this request. PAPR is eager to work with you and your of?ce to help you ful?ll this request. Please do not hesitate to contact me if you would like to discuss this request prior to your response deadline. With warm personal regards, I am Sincerely, 7?7 Christopher P, Kenney CPK Enclosure Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 This is a request for public records pursuant to the South Carolina Freedom of Information Act (FOIA), SC. Code Ann. 30-4-10 e_t m. Please read the de?nitions and instructions preceding the speci?c items requested as they are essential to understand the public records sought and the proper procedure when responding to this request. DEFINITIONS All words and phrases utilized in this FOIA request shall be given their ordinary, dictionary and common-sense de?nitions. Additionally, the following terms shall mean: ?Communication? or ?communications? means the written transmittal of information, facts, or ideas, including, without limitation, letters, correspondence, notes, memoranda, emails, text message, instant messages, telegrams, or any other written exchange of words. ?Documents? or ?document? shall have the broadest meaning and include, without limitation, all writings of any nature whatsoever (including, specifically, all drafts); whether originals or copies, including all non?identical copies (whether different from the original because of notes made on or attached to them or otherwise); whether drafts, preliminary, proposed, or final versions: whether printed, recorded. reproduced by anv other mechanical or electronic process; and whether printed, Written, or electronically created. By way of example (not limitation), documents include contracts, agreements, communications, records, reports, studies, memoranda, books, diaries, logs, appraisals, forecasts, statements, work papers, graphs, summaries, lists, tabulations, calendars, charts, maps, diagrams, blueprints, tables, indices, pictures, recordings, tapes, micro?lms, charges, accounts, minutes, brochures, pamphlets, circulars, trade letters, press releases, stenographic, handwritten or other notes, checks, check stubs, receipts, bills, invoices, or vouchers. Documents includes ESI. Page 1 of 6 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 means electronically stored information, electronically stored data or electronic data, and is to be interpreted broadly to include all types of information, regardless of the storage media (ag. hard drive, CD-ROM, DVD, disc, tape, thumb drive, etc.), that requires a computer or other machine to read or process it. By way of example (not limitation), ESI includes emails, instant messages, text messages, word processing documents Microsoft Word ?les), worksheets (6g, Microsoft Excel, .csv, or Quickbooks ?les), presentations (9g, Power Point presentation), or any document stored on magnetic tapes, disks, ?ash drives, solid state memory drives, CD- ROMS, or a computer or memory system. ESI is a document. ?Of?ce? or ?your of?ce? means the Richland County Administrator and all employees, current and former of Richland County. means Public Access to Public Records, a non-pro?t organization incorporated under the laws of the State of South Carolina acting through its directors and attorneys. ?Person? or ?persons? means any natural person, proprietorship, private corporation, public corporation, municipal corporation, state government, local government, governmental business or or anization. olitical annershi ?9.14 9.1191115? ?Public record? or ?public records? has the meaning provided in South Carolina Code as amended. ?Relating to? means embodying, containing, comprising, indicating, concerning, referring, identifying, describing, discussing, involving, evidencing or otherwise pertaining to. ?You? or ?your? means Administrator Gerald Seals, acting in his of?cial capacity as administrator for Richland County, a body politic of the State of South Carolina. Page 2 of 6 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 INSTRUCTIONS You are required to respond within 10 days, unless the requested record is more than 24 months old as of the date of this request, in which case you have 20 days (excluding Saturdays, Sundays, and legal holidays) to respond. 8.0 Code Ann. Your response should notify PAPR as to the availability of the requested records and whether each request is granted. Failure to respond will be deemed an approval as to all items requested not subject to an exemption allowed by law. I_d. If this request is granted, the responsive record(s) must be furnished or made available for inspection or copying no later than 30 calendar days from the date of your response, unless the record is more than 24 months old, in which case the record must be provided within 35 calendar days from the date of your determination. Li. Certain matters are exempt from public disclosure. See If a requested item is exempt from public disclosure, PAPR asks that you exercise your authority under the FOIA and waive the exemption. public body may but is not required to exempt from (emphasis added)). If a public record contains exempt and nonexempt material, you must separate the exempt and nonexempt material and__pro_duce the nonexempt material. Id. 8 30- If you chose to invoke an exemption, you should do so expressly, in writing, and in a manner that speci?cally identifies what is being withheld so PAPR can evaluate the propriety of the exemption. Similarly, if you invoke a claim of ?privileged communication?, ?protected information?, or ?protected identify?, you should do so with speci?city. Claims of privilege should also describe the document withheld, the date of the communication, and the identity of all persons sending and receiving the purportedly privileged communication. Page 3 of 6 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 If you request fees in exchange for the disclosure of responsive public records, those fees must be based on a uniform, established schedule that does not exceed the actual cost of searching for or making copies of responsive public records. SC. Code Ann. ?Fees may not be charged for examination and review to determine if the documents are subject to disclosure.? Please note you have a legal obligation to furnish public records ?at the lowest possible cost to the person requesting the records.? Li. PAPR will pay any reasonable fees incurred at the time of production. i PAPR will go; pay fees incurred by you or your of?ce pursuant to the production of public records in a form contrary to the form requested. For example, where PAPR requests ESI, it will not pay copying fees if your of?ce prints the responsive ESI in lieu of responding as requested. (?Copy charges may not apply to records that are transmitted in an electronic format?). You should produce responsive public records either as they are kept in the ordinary course of business (11a, organized in whatever ?le structure as your of?ce maintains them) or organized and labeled to correspond to the numbered categories in this request. When the public records responsive to this request include ESI,you should produce those records, without manipulation, in their native, electronic format .pst, .doc, .docx, .xls, .ppt, etc.) along with all passwords necessary to access the documents. If you choose to process ESI prior to production, produce single-page images along with an accompanying load ?le, full OCR text, and metadata. Native ?les should still be produced. If you prefer to make responsive public records available to PAPR to inspect and copy, PAPR is prepared to collect and copy records at no cost to your of?ce. To pursue this procedure, your response should speci?cally identify the records being made available, their location, the type Page 4 of 6 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 of records, and the system or systems on which those records reside (cg. approximately 500 paper records in ?le cabinets located in Room 101 or approximately 5 GB of data located in two ?le folders on John Doe?s computer terminal). You should also propose dates and times when the records will be made accessible for inspection and copying. Failure to respond with suf?cient speci?city will be treated as a failure to respond. LIMITATION AS TO SCOPE The following FOIA request is limited to the period of time of January 1, 2010 through the date of this request. To the extent a requested public record exists both as E81 and as a paper record, this FOIA request is limited to only request disclosure of ESL PUBLIC RECORDS REQUEST This FOIA request requires disclosure of the following public records: 1. All documents relating to financial receipts-of the Fifth Circuit Solicitor?s Of?ce (cg. deposit slips, receipts, accountings, wire transfers, etc). 2. All documents relating to expenditures bythe Fifth Circuit Solicitor?s Of?ce. (cg. check copies, receipts, accountings, wire transfers, etc). 3. All bank records relating to any account containing funds your of?ce holds or maintains on behalf of the Fifth Circuit Solicitor?s Of?ce. 4. All credit card statements for credit cards issued to or used by the Fifth Circuit Solicitor?s Of?ce. 5. All IRS Form 10993 issued by your of?ce to any of?cial or'employee of the Fifth Circuit Solicitor?s Of?ce. Page 5 of 6 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) November 22, 2017 6. All communications relating to your of?ce?s maintenance of any funds, ?nancial account, or payment device g, credit cards) on behalf of the Fifth Circuit Solicitor?s Of?ce, including, but not limited to, any check request, reimbursement request, transmittal form, memoranda, instructions, or policies and procedures. Page 6 of 6