We called top city officials multiple times about records violation. Here’s who responded
North Myrtle Beach top officials declined multiple requests for comment following the potential removal of former city manager Mike Mahaney two weeks ago.
Since they voted to place him on paid administrative leave on Sept. 19, the City of North Myrtle Beach has also failed to release his personnel file and top officials have not returned repeated phone calls and emails asking for an explanation.
As of Monday morning, North Myrtle Beach has yet to publicly release the file despite multiple requests to do so from different media outlets.
Not releasing Mahaney's personnel file is a direct violation of South Carolina Freedom of Information Act laws.
"Arguably, in the governance of a city, is no more important a figure to learn about concerning the performance of their public duties than that of a manager," South Carolina Press Association attorney Taylor Smith previously said . "Consequently, the public's interest in the right to learn those public activities is highly frustrating when efforts to get records of their job performance are denied by the city. It is a bastardization of the understanding of the Fourth Amendment to the U.S. Constitution to think that it would be an unreasonable invasion of personal privacy to understand what a public employee does in the performance of their public duties."
In an email sent to Mayor Marilyn Hatley, Mayor Pro Tem JO Baldwin, Clarence 'Bubba' Collins, Ray 'Trey' Skidmore, Harry 'Hank' Thomas, Nicole 'Nikki' Fontana and Jon 'Fred' Coyne on Sept. 23 asking for further explanation and comment on why the city withheld Mahaney's file, there was only one reply from Councilman Thomas.
"I will ask why the delay...," his email said.
Thomas did not respond to the response explaining that the appeal was after a time period to see if the records would be released and did not provide further comment on the matter.
Multiple calls to Hatley went unanswered last week.
The calls and voicemails prompted Hatley to direct the city's Public Information Officer, Lauren Jessie, to reach out via email.
"Mayor Hatley mentioned you had left her a voicemail and requested I reach out to you so that you would receive a quicker response. How can I help you?," her email last Monday said.
The response to the above message asked for Hatley to call The Sun News to discuss the FOIA denial and the state's open records law. That email went unanswered by Jessie or Hatley.
Hatley has yet to comment publicly on the FOIA denial or Mahaney's departure as of this morning.
After the Sept. 19 meeting that placed Mahaney on paid administrative leave pending his permanent termination, Hatley told reporters that she would not provide comment on the matter as she walked away from her seat in the council chambers room.
State law allows for Mahaney to request a public hearing about his termination.
He waited until the last day he was eligible to submit a request for that hearing, Tuesday, Sept. 24, to do so, according to Jessie.
"Mahaney Public Hearing Regarding S.C. Code 5-13-70," his written request said, according to a copy of it provided by Jessie to The Sun News via email. "Please consider this my written request to City Council for the above. Please respond tomorrow morning acknowledging receipt of this email. Thanks in advance for your assistance in this matter."
A date has not yet been set for the public hearing as of Monday morning.
State law outlined in S.C. Code 5-13-70 dictates that the hearing must be held within 20 to 30 days of the written request, meaning that it must happen sometime in October.
