Freedom of Information Act (HR FAQs)
OHR Home Page   jobs.sc.gov   Hot Topics Career Opportunities Employee Services Employer Services Training & Development Statistical Info How to Contact Us OHR Webmail Other Agencies State Employees Weather Alert Workforce Planning Sam Wilkins, Director 1201 Main Street Suite 800 Columbia, SC 29201 Phone: (803) 737-0900		SC Code of Laws §§ 30-4-10 through 30-4-165 State HR Regulations Section 19-703.05 and Section 19-720.03 General Information Q: What does the Freedom of Information Act address? A: The Freedom of Information Act addresses the availability of public records and the accessibility to public meetings of public bodies. Information To Be Disclosed Q: What employment information does the Freedom of Information Act generally make public information? A: The names, sex, race, title, and dates of employment of all employees and officers of public bodies are generally made public information by the Freedom of Information Act. Q: What does the Freedom of Information Act generally allow a public body not to disclose regarding employment information? A: In general, the Freedom of Information Act allows, but does not require, a public body to exempt from disclosure the following employment information: 1. information of a personal nature which would constitute unreasonable invasion of personal privacy; 2. all compensation with certain exemptions; 3. information discussed in a public meeting during executive session; and 4. certain materials on not fewer than the final three applicants under consideration for a position. Exceptions to Disclosure Q: What are the limitations on disclosing a public employee's salary? A: An employee’s salary can be disclosed within the following limitations: A. Employees earning $50,000 or more annually, part-time employees, persons paid an honoraria or other compensation for special appearances, performances, or the like, and employees at the level of agency/department head. Information Disclosed Disclose exact compensation. B. Classified/unclassified employees, including contract instructional employees (not subject to A. above) earning $30,001 to $49,999. Information Disclosed Disclose compensation level within a range of $4,000 beginning at $30,001. C. Classified employees (not subject to A. above) earning $30,000 or less annually Information Disclosed Disclose the position's salary range. D. Unclassified employees, including contract instructional employees (not subject to A. above) earning $30,000 or less Information Disclosed Disclose compensation level within a range of $4,000, such ranges to commence at $2,000 and increase in increments of $4,000. Q: Can an employee request that a public body hold a meeting open to the public to discuss that employee's employment information? A: If an adversary hearing involving the employee is being held, the employee has the right to demand that the hearing be conducted publicly. Q: What information under the Freedom of Information Act can be released about the applicants for a position? A: Generally, all materials on at least the final three applicants under consideration for a position, regardless of form, gathered by a public body during a search to fill an employment position may be released. The information that may not be released includes the applicant’s income tax returns, medical records, social security number, or information otherwise exempt from disclosure. Cost of Information Q: May an agency charge a fee for information requested under the Freedom of Information Act? A: The public body may establish and collect fees not to exceed the actual cost of searching for or making copies of records. Fees charged by a public body must be uniform for copies of the same record or document. Response Time Frames Q: What are the time frames for responding to a Freedom of Information request? A: Generally, an agency must respond to a written request within 15 days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of the request, except as otherwise provided by SC Code of Laws § 30-4-40, in accordance with reasonable rules concerning time and place of access. Requesting Information Q: Is a request for information under the Freedom of Information Act required to be in writing? A: Generally, a request to the Office of Human Resources must be in writing for information under the Freedom of Information Act except when the requestor appears in person for certain information under the SC Code of Laws § 30-4-30(d).

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