Beaufort City Council’s secret ballot nominations raise transparency concerns and legal debate

Beaufort City Council’s use of a secret ballot to appoint two historic district review board members on June 11 raised concerns among residents about potential violations of state open records laws. However, two lawyers disagree on whether the use of secret ballots is illegal – one says it violates state law and the other says it doesn’t.

During the meeting, the council appointed Mike Sutton to the position for professionals with expertise in historic preservation, architecture, landscape architecture, history, architectural history, planning, archeology or related disciplines. They also appointed Kim Petrella as a person who lives or owns property in the historic district. Unlike previous sessions where council members announced their votes publicly, this time the votes were cast by secret ballot, counted by the city clerk and then announced by Mayor Phil Cromer.

Residents who watched the meeting quickly noticed the change, with local resident and Cultural Heritage Partners attorney Will Cook noting that a secret ballot violated South Carolina’s Freedom of Information Act, which he said is intended to keep government transparent.

“Elected officials should obey laws designed to keep government open and honest,” Will wrote in a letter to the editors of the Island Packet and Beaufort Gazette. “Public confidence in local government depends on the City Council’s willingness to correct its recent open meeting law violations and ensure that all future votes are conducted openly, as required by law.”

Cook cited state statute 30-4-70, which governs the legal conduct of voting at public meetings.

However, Cromer and Jay Bender, experienced experts on South Carolina media and open government law, say the board acted within legal limits. Bender argued that unless the board required the minutes to include member votes and votes cast by members, a secret ballot was not prohibited.

Despite the controversy, Cromer acknowledged that public opinion opposed a secret ballot. In the past, the council has nominated individuals after executive session, tricking the public into thinking they were voting during the session, which is not allowed, Cromer said. To resolve the issue, he said, the board decided to hold a secret ballot to show that the appointments had not been agreed in advance.

“For the sake of transparency, we probably won’t do it again,” Cromer said.

The city’s Historic District Review Board (HRB) is charged with reviewing renovation and demolition requests for the Beaufort National Historic Landmark District, which was added to the National Register of Historic Places in 1969.