Did South Carolina FOIA cover Friends of the Hunley, and would the AG investigate its activities?

Plain-English summary

In a letter to Common Cause of South Carolina, the Attorney General said Friends of the Hunley fell under the Freedom of Information Act because it had received taxpayer funds. The office explained that it was not authorized to issue legal opinions to private persons or entities. It referred the requester to a separate opinion requested by Senator Glenn McConnell on related Hunley Commission issues.

The AG also declined to seek a criminal investigation into alleged profits, conflicts of interest, and ethics violations. The requested answers depended on factual findings the office did not have, and the letter said the request lacked the extraordinary circumstances or specific allegations from knowledgeable sources that would make a request for a SLED investigation appropriate.

Currency note

This opinion was issued in 2004. 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: Did the AG say Friends of the Hunley was subject to South Carolina FOIA? A: Yes. The letter stated that an entity that receives or has received taxpayer funds, whether federal, state, or local, was subject to the Freedom of Information Act, including Friends of the Hunley.

Q: Would the AG issue Common Cause a formal opinion on the Hunley Commission? A: No. The AG said its office was not authorized to issue legal opinions to private persons or entities. It enclosed a separate opinion requested by a state senator on some similar questions.

Q: Did the AG find that Friends of the Hunley had violated ethics law? A: No. The letter said the questions about profits, conflicts, and ethics depended on factual details unavailable to the office. It did not decide whether a violation occurred.

Q: Did the AG ask SLED to investigate?
A: No. The letter said a request for a criminal investigation was inappropriate on the facts supplied, absent extraordinary circumstances or specific allegations of criminal activity from knowledgeable sources.

Background and statutory framework

The letter distinguished the office's legal-opinion practice from a fact-dependent investigation request. Its FOIA statement was categorical as applied to Friends of the Hunley, while its response to the other allegations expressly stopped short of factual findings.

Citations

• Freedom of Information Act (no section number cited in this letter)

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-22-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04oct22crangle.pdf

Original opinion text

HENRY Mc.MAsn:R
A1TO.RNEY G:ENERAI.

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October 22, 2004

Mr. John Crangle
Executive Director
Common Cause of South Carolina
Post Office Box 7021
Columbia, SC 29202
Dear Mr. Crangle:
On October 8, 2004, on behalf of the board of Common Cause of South Carolina, you requested a legal opinion and an investigation on issues regarding the Hunley Commission.

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As you know, the Attorney General is statutorily required to issue legal opinions to members of the General Assembly, constitutional officers, and state agencies upon request. Over the years, we have developed the practice of also issuing legal opinions to county and local government entities as a courtesy. We are not authorized to issue legal opinions to private persons or entities. On October I 3, 2004, this office received a request for a legal opinion from Senator Glenn McConnell on issues regarding the Hunley Commission, some of which were similar to yours. Enclosed is a copy of that opinion which I trust will answer most of your questions.
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As to your question about the Freedom of Information Act, we believe the law is clear: Any entity which receives or has received taxpayer funds - federal, state or local is subject to the Freedom of Information Act. This would include the Friends of the Hunley.

Mr. John Crangle
October 22, 2004
page two - continued

As to your questions about possible illegal profits, conflicts of interest, and violations of state ethics law in the activities of the Hunley Commission and the Friends of the Hunley and your request for an investigation, the answer is twofold. First, our opinions typically extend only to matters in which the law or its applications are unclear, but the facts are well established. The answers you seek would be based on a host of factual details and findings, none of which are available to this office. Further, in the absence of extraordinary circumstances or specific allegations of criminal activity from a knowledgeable source or sources, it is not appropriate for this office to request a criminal investigation by SLED.

If I can be of further assistance, please do not hesitate to call on me.

Yours very truly,

. ~~
Henry McMaster

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Enclosure