Evening Post Publishing Co. v. Berkeley County School District

The issue before the Court is whether the circuit court erred in granting summary judgment to Berkeley County School District (School District) based on the attorney-client privilege exception to the Freedom of Information Act (FOIA) and in denying Evening Post Publishing Company’s (Evening Post) motion to compel the production of documents. We find the circuit court erred in both respects and reverse.

FACTUAL BACKGROUND

School District is governed by a nine-member Board of Education (Board) elected by residents of Berkeley County. In 1997, Dr. J. Chester Floyd was hired by the Board as…