Sullivan's man seeks all school records

SULLIVAN'S ISLAND -- Debate about who pays to sterilize fungi and mold on Town Hall records has entered the controversy over a planned new elementary school.

Resident and prominent Lowcountry developer Vince Graham is seeking more than two years of town records because he suspects much of the public business regarding the school has gone on in private.

Graham requested the documents under the state Freedom of Information Act. He wants emails and other correspondence on the issue from May 1, 2009, to Jan. 25 of this year.

He asked the town to waive copying costs but it refused.

He was told to pay 25 cents per page, a fee that Graham described as excessive.

Also, Town Administrator Andy Benke advised Graham in a letter that if records he wants are stored at the old, environmentally hazardous Town Hall, then Graham must pay to kill potentially harmful microorganisms in files before staff will copy them.

"In putting up all these hurdles, I'm just suspicious that they might be trying to stonewall," Graham said.

Jay Bender, attorney for the S.C. Press Association, suggested that Graham take whatever steps are necessary to safely examine any relevant documents inside the old Town Hall, if that is a necessary step.

"If he has to wear a hazmat suit, get one and wear it," Bender said. The law entitles Graham to examine any original documents.

Graham should ask what safety measures employees who would enter the building are taking, Bender said.

How much, if any, of the requested records are stored at the old Town Hall was unclear Thursday. Benke was on vacation and unavailable for comment. Other town staff members referred questions to him. Mayor Carl Smith also could not be reached for comment.

The cost to sterilize records before copying also was unclear.

Bender said an independent opinion regarding the safety of the building and examining its documents would be useful.

"I wouldn't just take that at face value," he said.

Worries about rats, mold and bacteria prompted a move last June from the 106-year-old building that Town Hall occupied for more than 40 years.

Staff health quickly improved after the change to trailers off Middle Street behind the fire department. Their complaints had included headaches, nausea, fatigue and burning nostrils.

The town hired a consultant to study the issue and recommend what to do about a future Town Hall.

In a letter dated Wednesday, Graham asked Benke how much he would have to pay to receive the information.

The law entitles a reasonable charge for copying, but not 25 cents per page, Bender said.

"That's a highly inflated price," he said.

Graham requested the records on Jan. 25 and the town replied on Feb. 2.

"It just seems like they are erecting hurdles rather than being cooperative. Any records that they need, do they have to go down and sanitize it?" he said.

Councilman Jerry Kaynard noted that the town has a small staff, and it was unknown how many pages of records Graham's request would involve. For that reason, how long it would take to process the request also was unknown.

"Vince thinks there's some sort of resistance. I don't see that. Council is fully supportive of providing a full response to a FOIA request," Kaynard said.

He described as "nonsense" Graham's concerns about transparency in conducting public business related to the school. "It's been a transparent and public process, as it should be," Kaynard said.

A new, 70,000-square-foot elementary school for the island is in the design phase. Opponents, including Graham, say it is inappropriate for the island because it is too big at twice the size of the old school. Most of the 500 students would come from off the island.

Town Council recently voted to seek a judge's opinion on a resident petition calling for a referendum on the issue.

Council recently approved a new lease with the school district for land where the new school would be located. It is the same location as the old school, which is no longer in use for safety reasons.