Did a South Carolina school budget hearing have to let members of the public speak?

Plain-English summary

A Newberry County school board member asked what “public hearing” meant in a budget notice provision. The opinion said the term was undefined in the cited South Carolina statute and apparently in state case law. It adopted a definition under which the general public can speak and express views on government policy. Applying that understanding, it said the public must be permitted to speak at the covered budget hearings. The author expressly declined to determine whether the meetings in question satisfied that rule, because the office did not conduct factual investigations in opinions.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a district call a budget meeting a public hearing while giving residents no chance to speak?
A: The opinion said the public must have an opportunity to speak and express views at covered budget hearings.

Q: Did the AG decide whether Newberry’s particular meetings complied?
A: No. The author said resolving what happened at those meetings required a factual investigation outside the opinion process.

Q: Did the opinion prescribe a single hearing format?
A: No. It suggested inviting public comments and questions as one way to ensure an opportunity to speak.

Background and statutory framework

The opinion interpreted the public-hearing term in the budget notice provision. It cited an out-of-state definition and the apparent legislative intent that the public receive notice. A footnote distinguished a separate statute governing county council hearings and observed that budget hearing notices suggested a hearing requirement for school districts.

Citations and references

• Budget hearing notice: § 6-1-80.

Source passage:

“Therefore, the public must be permitted this opportunity to
speak and express its views at the budget hearings covered by §6-1-
80; however, we cannot make a determination of whether the public
was permitted this opportunity at the particular meetings in
question in that factual investigations do not fall within the
scope of opinions of this Office.”

Official opinion PDF

Official title

Requesting legal advice regarding the meaning of the term “public hearing” as used in S.C. Code Ann. 6-1-80 (Supp. 95).

Requester

The Honorable Harriett L. Rucker, Member, Newberry County Board of Education

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-21-1996-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96aug21rucker.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES tvlOLO:'\'Y CONDON
A'ITORNEY CiE'.'iERAL

August 21, 1996

The Honorable Harriett L. Rucker
Member, Newberry County Board of Education 2213 Main Street Newberry, SC 29108 Dear Mrs. Rucker: You have requested legal advice regarding the meaning of the term "public hearing" as used in s.c. Code Ann. § 6-1-80 (Supp. 1995). This provision requires certain notice to the public by school districts and other named governmental bodies " ... by advertising the public hearing before the adoption of its budget for the next fiscal year .... '' 1 The term "public hearing" is not defined in the above statutes or, apparently, by South Carolina case law." An Ohio case does define this term as used in an Ohio statute to mean a hearing in which the ... "general public may speak and express views on governmental . . . and policy considerations .... " This def ini ti on appears to be consistent with the legislative intent in §6-9-80 that the public receive notice of these hearings. See Dickinson, supra, note 1.

1

You have not questioned whether a "public hearing" actually has to be held by the district. section §6-1-70 references §4-9130 (1986) which does require public hearings before certain action by county councils. Although §4-9-130 does not apply to school districts, the passage of notice requirements for such hearings by school districts suggests a legislative intent to require those bodies to hold such hearings on budgets. South Carolina Department of Highways and Public Transportation v. Dickinson, 281 s.c. 134, 341 S.E. 2d 134 (1986) ("The ... primary function in interpreting a statute is to ascertain the intention of the legislature ..... '')

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POST0FFlCE Box 11549

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COLL'\1B!A, S.C. 292! 1-1549

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TELEPHO:'><E: 803-734-3970

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fACS!\1lLE: 803-253-6283

The Honorable Harriett L. Rucker
August 21, 1996
Page 2

Therefore, the public must be permitted this opportunity to speak and express its views at the budget hearings covered by §6-180; however, we cannot make a determination of whether the public was permitted this opportunity at the particular meetings in question in that factual investigations do not fall within the scope of opinions of this Office.
~ Atty. Gen. (December 12,
1983). Nevertheless, inviting the public's comments and questions at the meeting is certainly a means of ensuring that opportunity. You have also asked other questions. review.

They are currently under

This letter is an informal opinion.
It has been written by
the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. Yours Vf3rY truly,

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J. Emory Smith,· Jr.
Assistant Deputy Attorney General
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