How to File a Public Records Request in Simpsonville, South Carolina

What Is the South Carolina Freedom of Information Act?

The South Carolina Freedom of Information Act (SC FOIA), S.C. Code Ann. §§ 30-4-10 through 30-4-165, guarantees any person the right to inspect, copy, or receive an electronic transmission of any public record held by a state or local government body. The law applies to municipalities like the City of Simpsonville, as well as counties, school districts, and any entity that expends public funds.

Under § 30-4-20, a "public record" is broadly defined to include all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials — regardless of physical form — that are prepared, owned, used, in the possession of, or retained by a public body. This encompasses city council meeting minutes, emails, contracts, permits, budgets, police incident reports, planning documents, and more. Electronic records such as emails are explicitly included.

Major exemptions include pending law enforcement investigation records, attorney-client communications, personal income tax returns, certain personnel records, and documents related to ongoing business incentive negotiations. However, if a record contains both exempt and non-exempt material, the City must separate and release the non-exempt portions. The burden falls on the City of Simpsonville to justify any withholding — not on the requester to prove entitlement.

Read the full text of the South Carolina Freedom of Information Act (S.C. Code Ann. §§ 30-4-10 through 30-4-165)

How to File a Public Records Request with the City of Simpsonville

How to Submit Your Request

The City of Simpsonville processes all public records requests through its NextRequest online portal at cityofsimpsonvillesc.nextrequest.com. This is the city's preferred and most efficient method. To submit a request, visit the portal and click "Make a new public records request," then describe the records you are seeking. You will receive an automatic confirmation email and can track the status of your request online. Previously fulfilled requests are also publicly viewable on the portal, so checking there first may save time. If you prefer to submit by mail or in person, direct your written request to City Administration at Simpsonville City Hall, 425 E. Curtis St., Simpsonville, SC 29681. Requests submitted by any method must cite the South Carolina Freedom of Information Act and describe the records sought with sufficient specificity.

What to Include in Your Request

• A clear statement that the request is made under the South Carolina Freedom of Information Act, S.C. Code Ann. §§ 30-4-10 et seq.
• A specific description of the records you are requesting, including relevant dates, departments, subject matter, or parties involved
• Your preferred format for receiving records (electronic/PDF vs. paper copies)
• A fee threshold above which you want to be notified before the city proceeds
• Your name and contact information (email address recommended for portal notifications)
• A request for the specific exemption citation if any records are withheld
• A statement of your preferred delivery method (electronic is typically free; paper copies may incur fees)

Response Deadlines and What to Expect

Under S.C. Code Ann. § 30-4-30, the City of Simpsonville must provide an initial written response to your request within 10 business days of receipt — for records that are 24 months old or less. If you are requesting records that are more than 24 months old, the city has 20 business days to provide its initial determination.

This initial response is a determination of availability — meaning the city must inform you in writing (or electronically) whether it will fulfill your request, not necessarily deliver the records themselves at that point. Once the city confirms it will fulfill the request, it must actually produce or make available the records within 30 calendar days of that initial response. For records older than 24 months, this production deadline extends to 35 calendar days.

The City of Simpsonville's own automated portal confirmation states these same timelines: 10 business days for the initial determination (20 for older records), and 30 calendar days for production (35 for older records). If no written response is received within the applicable deadline, the request is considered approved by operation of law for all non-exempt records under § 30-4-30.

Extensions are permitted only by written mutual agreement between the city and the requester. The city may require a deposit of up to 25% of the anticipated total cost before beginning its search; if a deposit is required, the 30-day production clock begins upon receipt of the deposit.

What to Do If Your Request Is Denied or Delayed

If the City of Simpsonville denies your request — in whole or in part — it must identify the specific statutory exemption under S.C. Code Ann. § 30-4-40 that justifies the withholding. A blanket denial without a legal basis is itself a violation of the FOIA. If the city withholds only part of a document, it must release the non-exempt portions after separating and redacting the exempt material.

Unlike some states, South Carolina's FOIA does not create a formal administrative appeal process. There is no state-level agency that reviews FOIA denials before litigation. If you believe a denial is improper or the city has simply failed to respond within the applicable deadline, your options are primarily informal negotiation followed by court action.

One practical first step is to contact the Clerk of Council or City Administrator directly to clarify the request or discuss the denial. A narrower or more precisely worded request sometimes resolves the impasse. If that fails, the South Carolina Press Association (scpress.org) offers FOIA guidance and may be able to refer you to experienced FOIA attorneys.

Under S.C. Code Ann. § 30-4-100, only citizens of South Carolina may file suit to enforce the FOIA. Non-resident requesters can still file requests, but the statutory civil enforcement mechanism is limited to SC citizens. If you prevail in court, the judge may award reasonable attorney's fees and litigation costs — unless the court finds the city acted in good faith, which serves as a complete bar to a fee award under § 30-4-100(C). This means the city can avoid paying your fees by demonstrating it had a legitimate, good-faith basis for its position, even if it ultimately loses.

Steps to Appeal

1. Review the denial letter and identify the specific exemption cited under S.C. Code Ann. § 30-4-40; if no exemption is cited, note this as a procedural violation.
2. Contact the City of Simpsonville Administration Department (864-967-9526) or submit a message through the NextRequest portal to ask for clarification or to narrow your request.
3. Submit a revised or more specific request if the original was too broad; a targeted request is harder to deny.
4. Consult with the South Carolina Press Association (scpress.org) or a private attorney familiar with SC FOIA for an assessment of your denial.
5. If the city failed to respond within the applicable deadline (10 or 20 business days), this is deemed a denial by operation of law and can be the basis for immediate court action.
6. File a petition for declaratory judgment and/or injunctive relief in South Carolina circuit court under S.C. Code Ann. § 30-4-100; the action must be filed within one year of the alleged violation.
7. If you prevail in court, petition for an award of reasonable attorney's fees and litigation costs under § 30-4-100(C); note that the court may deny fees if it finds the city acted in good faith.

Types of Records You Can Request from Simpsonville, South Carolina

The City of Simpsonville produces and retains a wide range of public records across all city departments. Below are common record types that residents, journalists, and civic watchdogs frequently request from Simpsonville.

• City Council meeting minutes and agendas
• City budget documents and financial reports
• Contracts and vendor agreements (parks maintenance, public works, software, construction)
• Building permits and code enforcement inspection records
• Planning and zoning applications, approvals, and variance decisions
• Police incident reports and arrest records (subject to law enforcement exemptions)
• Police department use-of-force policies and reports
• City employee salary schedules and compensation data
• Development agreements and annexation documents
• Grant applications and grant award records
• City-owned property records and real estate transactions
• Public works project bids and awarded contracts
• City court fine and revenue records
• Environmental permits and stormwater management plans
• Email correspondence of city officials on city business

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Simpsonville to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Simpsonville