Legislative Caucuses Don’t Believe FOIA Applies to Them

These days, the S.C. House Republican and Democratic caucuses enjoy the use of rent-free office space in a taxpayer-funded House building on the State House grounds.

That alone would classify those caucuses as a “public body” under the state Freedom of Information Act, according to a 2006 formal opinion issued by then-S.C. Attorney General Henry McMaster, who is now, by virtue of his position as lieutenant governor, the Senate president.

Being defined as a “public body” under the FOIA generally requires having open meetings, and allowing the public to inspect and receive copies of records. Continue>>>