RICHARD A. IIARPOOTLIAN OFFICE DIRECT CONTACT I 41 LAUREL 5mm TELEPHONE (803) 252-4848 I COLUMBIA, SC FACSIMILE (803) 252-48 C) CHRISTOPHER P. KENNEY 292m Ton FREE (see) 705-3997 LAWCOM MAILING ADDRESS ONLINE ARPOOTLI AN JAMIE L. Posr OFFICE Box [090 HARPOOTLIANLAW.COM OF COUNSEL COLUMBIA, SC A A A IN LOUISIANA 29202 May 7, 2018 Via US. Mail and Email Public Information Officer Horry County Schools PO. Box 260005 Conway, S.C. 29526 In re: South Carolina Freedom of Information Act Request Dear Public Information Officer, 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 .Siq. Enclosed as Exhibit A is public records request to you and your office. Please allow me to direct your attention to several items relevant to this request. First, you are required to reSpond within 10 days, unless the requested record is more than 24 months old as of the date of this letter, in which case you have 20 days (excluding Saturdays, Sundays, and legal holidays) to respond. S_ee_ S.C. 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 June 4, 2018. Second, you should take notice of the definitions 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 definitions and instructions contained in this request. Third, many of the records sought through this request are electronically stored information (ESI). As explained in the definitions 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 ESI is a less costly and less burdensome way to provide citizens with information about their government. Accordingly, when a record exists in ESI 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.? 80 Code Ann. 30- PAPR is a non-pro?t organization committed to promoting public access to public records and strengthening the FOIA and other public disclosure laws that enable citizens to exercise their right to know what their government is doing. In furtherance of this mission, PAPR 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 OIA 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, .9. L74 Christopher P. Kenney CPK/hwt Enclosure Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 This is a request for public records pursuant to the South Carolina Freedom of Information Act (FOIA), S.C. Code Ann. 30-4-10 e: 311. 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, speci?cally, 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 ?nal versions; whether printed, recorded, produced, or reproduced by any 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 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 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 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 (6.3., Microsoft Word ?les), worksheets Microsoft Excel, .csv, or Quickbooks ?les), presentations (rag, 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. ?Emails? includes personal email addresses gmail, yahoo, Hotrnail, AOL, private business address, etc.) if used to communicate or transmit information responsive to one or more of the requests below. ?First Floor Energy Positive? means First Floor Energy Positive, LLC, a for-pro?t corporation organized under the laws of the State of North Carolina with its principal place of business in Fayetteville, North Carolina. ?Horry County Board of Education? or ?Board of Education? means the lZ-member, publicly elected board responsible for governing Horry County Schools, specifically: 1. Joe J. DeFeo (Chair at large); 2. Neil James (Vice Chair District 10); 3. Holly Heniford (District 4. Sherrie Todd (District 5. Ray H. Winters (District 6. David Cox (District Page 2 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 7. Janice Morreale (District 8. Pam Timms (District 9. Janet Graham (District 10. John Poston (District 11. Chris Hardwick (District and 12. Shanda Allen (District ll). ?Horry County Schools? means Horry County?s countywide school district, including its Board of Education, Superintendent, 52 schools, and all current and former employees therein. 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 agency, political subdivision, partnership, group, association, or other business or organization. ?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. means any and all request for proposals relating to the planning and construction/replacement of three (3) schools in 2014 and subsequent planning and construction of ?ve (5) new energy-positive schools in Horry County. Page 3 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 means requests for quali?cation relating to the planning and construction/replacement of three (3) schools in 2014 and subsequent planning and construction of ?ve (5) new energy-positive schools in Horry County. ?StL+a Architects? means SfL+a Architects, PA, a professional corporation incorporated under the laws of the State of North Carolina with its principal place of business in Fayetteville, North Carolina. ?Superintendent of Schools? or ?Superintendent? means the person appointed by the Board . of Education to serve as the chief executive officer of the Horry County Schools. ?Text message? or ?text messages? include messages sent or received on a personal mobile phone or other electronic device if used to communicate or transmit information responsive to one or more of the requests below. 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. SC. 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. Id. 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. Id. Page 4 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 Certain matters are exempt from public disclosure. 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 produce the nonexempt material. 30- If you chose to invoke an exemption, you should do so expressly, in writing, and in a manner that speci?cally identi?es 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 specificity. 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. 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.? I_d. Please note you have a legal obligation to furnish public records ?at the lowest possible cost to the person requesting the records.? I_d. PAPR will pay any reasonable fees incurred at the time of production. gee PAPR will n_ot 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 c0pying fees if your of?ce prints the responsive ESI in lieu of responding as requested. i235; (?Copy charges may not apply to records that are transmitted in an electronic format?). Page 5 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 You should produce responsive public records either as they are kept in the ordinary course of business (118., organized in whatever ?le structure or system 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 g, .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 of records, and the system or systems on which those records reside g. 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. Public records should n_ot be redacted except as expressly allowed by law. LIMITATION AS TO SCOPE The following FOIA request is limited to the period from September 10, 2014 through the date of this request. If a requested public record exists both as and as a paper record, this FOIA request is limited to only request disclosure of ESI. Page 6 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 PUBLIC RECORDS REQUEST This FOIA request requires disclosure of the following public records: 1. A copy of Horry County Schools budget, including actual expenditures. 2. A copy of any ?nancial audit performed by or for Horry County Schools. 3. All communications sent or received by Dr. Cindy Elsberry to or from any member of the Board of Education relating to Dr. Elsberry?s resignation as Superintendent or payment of an approximately $428,000 severance package. 4. All versions (including drafts, edits, reviews, or comments) of any RFQ to build new schools, including (but not limited to) any drafts, edits, reviews, or comments created or transmitted by a member of the Board of Education. I 5. All versions (including drafts, edits, reviews, or comments) of any RFP to build new schools, including (but not limited to) any drafts, edits, reviews, or comments created or transmitted by a member of the Board of Education. 6. A copy of the ?nal report issued by Louis Batson of Batson Associates, Inc. of Greenville, South Carolina relating to evaluating bidders pursuing the RFP. 7. All versions (including drafts, edits, reviews, or comments) of any contract with Robbie Ferris, First Floor Energy Positive, or SfL+a Architects. 8. All emails and text messages where six or more members of the Board of Education are included as senders or recipients. 9. All emails and text messages sent or received by any member of the Board of Education to or from Robbie Ferris, First Floor Energy Positive, or SfL+a Architects. Page 7 of 8 Exhibit A South Carolina Freedom of Information Act Request Public Access Public Records (PAPR) May 7, 2018 10. All emails and text messages sent or received by Keith Powell to or from Robbie Ferris, First Floor Energy Positive, or SfL+a Architects. 11. All emails or text messages sent or received by any attorney acting on behalf of Horry County Schools to or from Robbie Ferris, First Floor Energy Positive, or SiL+a Architects. 12. All emails and text messages sent or received by Keith Powell to or from any member of the Board of Education that also includes Robbie Ferris, First Floor Energy Positive, or SfL+a Architects as a sender or recipient of the email or text message. 13. All emails and text messages sent or received by Joe Defeo to or from Keith Powell, which do n_ot also include ?ve or more other members of the Board of Education as senders or recipients on the email or text message. 14. Horry County Schools fee agreement with any lawyer or law ?rm engaged to review F01 requests. 15. All invoices or billing statements submitted to Horry County Schools by any lawyer or law ?rm engaged to review FOI requests. 16. All check stubs, receipts, payment requests, or authorizations relating to payments made to any lawyer or law ?rm engaged to review F01 requests. [remainder of page intentionally left blank] Page 8 of 8