OFFICE OF EXECUTIVE POLICY AND PROGRAMS
NEWS MEDIA CONTACTS AND FOIA REQUESTS
THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN
EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY.
THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR
ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE
CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR
ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO
OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY
CONTRACT OF EMPLOYMENT.
I. Policy
The Governor's Office plays a key role in central state government and is often
critically involved in a wide range of issues that face the state. It is critical to the
Agency's mission that the news media and public receive timely and accurate
information about the activities of the Governor's Office.
Employees of the Governor's Office are instructed to use extreme care to avoid
disclosing any confidential or nonpublic information.
II. News Media Contacts
The responsibility for providing information to the news media and public rests with
the Press Office and those individuals within that office, or other offices, who have
been designated. If contacted directly by the news media, either by telephone or in
person, you should refer the caller to the Press Office immediately. On occasion you
may be asked to provide information to the news media or the public; however, data
should not be provided directly to any outside source without the express knowledge
and approval of the Press Office.
III. Freedom of Information Act (FOIA) Requests
Freedom of Information Act requests from the news media and the public are also
coordinated by the Press Office. All Freedom of Information Act requests should be
immediately forwarded to the Press Office.
This policy applies to you in your official capacity as an employee of the Governor's
Office. This policy does not prohibit an employee from exercising his or her freedom
of speech as a private citizen on matters of public concern.
IV. Disclosure of Applicant Information
In accordance with the South Carolina Freedom of Information Act (FOIA),
S.C. Code Section 30-4-10 et. seq. a amended, public bodies must make
available to a requestor under the OIA the total number of applicants who
applied for a specific employment position. In addition, public bodies must
disclose all materials gathered during the employment search for not fewer
than the final three applicants under consideration for any type of position.
These procedures are intended to facilitate compliance with these
amendments.
- Collection of Applicant Information
The Human Resources Office is designated as the centralized office to
process FOIA requests concerning applicant information. The Human
Resources Office will receive all FOIA requests for applicant information
within the agency and be responsible for all correspondence to and from the
agency regarding those FOIA requests.
Once the position is filled or applications are no longer being accepted for that
position, the applications shall be grouped together, with the total number of
applications accepted maintained in an applicant log.
Once all applications have been gathered for a position and all interviews
have been completed, the hiring authority must identify not fewer than the
final three applicants for the position and notify the Human Resources Office
on the Justification Summary Sheet as to that identification.
The following is a list of materials that generally should be gathered for an
applicant: application/resume, reference checks, SLED checks, and
confirmation of salary for a State employee.
The following is a list of some materials to gather, dependent upon the
specific position being filled: school transcripts, driver’s license records,
proficiency test scores (e.g., word processing and typing tests), writing
samples, and interview notes.
Any materials gathered to make a hiring decision may be subject to
disclosure under the FOIA. Notes taken during the search to fill an
employment position should be job-related as they are also subject to the
FOIA.
- FOIA Request for Applicant Information
The Human Resources Office will require all requests for information
concerning applicants to be in writing.
When the Human Resources Office receives a written request under the
FOIA for information concerning an applicant, the Human Resources Office
will respond in writing to the request within fifteen (15) days (excepting
Saturdays, Sundays and legal public holidays). Information in the response
should include a summary of any information that will be provided under the
request, a summary of any information that will not be disclosed and the
reasons therefore, an estimate of the fees that will be charged, and any
deposit, if necessary, to be made by the requester.
The Human Resources Office will assemble all materials, regardless of their
form or location, that were gathered in the search to fill the employment
position.
The Human Resources Administrator or his/her designee will determine which
information to disclose under the FOIA request. The applicant’s social
security number, medical records, and tax information are exempt from
disclosure by the FOIA. Each FOIA request will be examined on a case-by-case
basis for determining which information will be disclosed or not
disclosed under the Freedom of Information Act. In determining what
information to disclose under section 30-4-40(a)(2) of the FOIA, the Human
Resources Office should weigh the privacy interests of the applicant against
the public’s interest in disclosure. Depending on the specific situation, the
following information should be evaluated to determine whether its disclosure
would constitute an unreasonable invasion of personal privacy under section
30-4-40(a)(2): unlisted phone numbers, salaries, criminal convictions, Family
Independence Act (FIA) information, reasons for job terminations, SLED
check information, reference letters, disability status, and driver’s license
numbers and records. Prior to release of any information under the policy,
the legal counsel for the Budget and Control Board and/or Governor’s Office
will be consulted.
V. Charges for FOIA Requests
FOIA requests should be answered without charge when the request will benefit the
public interest and requires minimal and/or a reasonable amount of employee time
and photocopying expense.
For requests which require substantial employee time for searching and/or
photocopying, etc., a reasonable charge may be assessed the person or organization
requesting the information.
Constitutional officers, members of the General Assembly, and other state agencies
shall not be charged for information or records released under the FOIA.
Revised 7/04