RES 2020-03 Adopted RESOLUTION NO.2020-03
TO AUTHORIZE THE CITY TO APPEAL THE ORDER OF THE HONORABLE
CLIFTON B.NEWMAN IN CIVIL ACTION NO,: 2018-CP-02-02705FILED WITH
THE COURT ON THE 30'^DAY OF DECEMBER 2019
WHEREAS, the Plaintiff Herman Perry Holcomb filed suit against the
City on May 24, 2019 alleging a violation by the City of a provision of the Freedom of
Information Act;and,
WHEREAS, such matter was litigated in the Court of Common Pleas for
Aiken County, South Carolina, said matter being tried non jury resulting in a decision by
the Honorable Clifton B.Newman;and,
WHEREAS, following the original decision by Judge Newman, the City
requested that he reconsider matters related to his original Order which resulted in a
Motion Hearing before Judge Newman on December 5 2019;and,
WHEREAS,by Order filed on December 30,2019,Judge Newman denied
any request for changes,etc.to the Order;and,
WHEREAS, the Mayor and City Council are of the opinion that the effect
of this decision is not in accordance with the intent of the Freedom of Information Act
and greatly restricts the ability of the Council to perform its duties and actually restricts
the ability of the City to share information with citizens, prior to formal council meetings;
and,
WHEREAS, the Mayor and Council believe that it is necessary that this
decision be reviewed and further considered by an Appellate Court which would result in
the matter being considered by a group of Judges or Justices as opposed to the decision
being made by one individual Judge.
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the
authority thereof, that the City attorney is specifically authorized to proceed with the
appeal of the decision of the Court dated December 30, 2019. Such appeal shall be
handled by Danny C. Crowe Esquire,the trial attorney utilized by the City in this matter.
NOW THEREFORE,BE IT FURTHER RESOLVED:
L Funding for this appeal shall be paid from the Administration
Contingency account and should not to exceed $10,000. Additional
funds would require Council approval.
2. That the City Attorney and/or City Administrator are authorized to
execute any documentation that might be necessary to move forward
with this appeal.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COYNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
DAY OF JANUARY,2020.
SIGNED BY:
ROBERT A.PETTIT,MAYO
ATTESTED BY:
".A) N
SHARON LAMAR,CITY CLERK