City of Columbia, Respondent v. American Civil Liberties Union of South Carolina, Inc., and Kevin Alexander Gray… (South Carolina 1996)

Summary

The court held that summary judgment was improper because whether the internal investigation report contained exempt personal information could not be decided without examining its contents. It also held that the statutory provision authorizing closed discussions about employee discipline does not itself exempt records memorializing those discussions. The court affirmed denial of the motion to compel because the report was the subject matter of the action, but remanded for an in-camera examination to determine whether any portion was exempt.

Holding

Whether summary judgment was proper on the report's exemption from disclosure based on personal privacy.. Summary judgment for the City was improper because a genuine issue of material fact remained as to whether the report, or portions of it, contained information of a personal nature qualifying for the statutory exemption.

Whether authorization to conduct a closed discussion concerning employee discipline exempts a report memorializing that discussion.. The provision authorizing closed discussions does not itself exempt a public record from disclosure. The report's exemption must be determined under the separate statutory provisions governing matters exempt from disclosure.

Whether the report was discoverable under the rules governing discovery.. The report was not discoverable through the appellants' motion to compel because it was itself the subject matter of the FOIA action.

City of Columbia, Respondent v. American Civil Liberties Union of South Carolina, Inc., and Kevin Alexander Gray…

Summary

Holding

Cited authorities

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