Spartanburg County Council hastily met to ‘reconsider’ its data center pause. Was it legal?
Spartanburg County Council passed a 12-month data center moratorium, but its subsequent reconvening to reconsider elements of the pause is being challenged as an illegal meeting. A press attorney stated the second vote was invalid due to lack of public notice, leaving the original version of the moratorium in effect. The incident raises questions about the transparency and legality of the county's legislative process.
The Spartanburg County Council is facing scrutiny after an impromptu gathering to "reconsider" elements of a data center moratorium, which a longtime press attorney labeled an illegal meeting. On September 21, the council voted for a 12-month data center moratorium on its third reading, which included various exceptions. After officially adjourning, the council reconvened and voted again to reconsider the third reading.
According to S.C. Press Association Attorney Jay Bender, this reconvening was illegal because it was not publicly posted, rendering the subsequent vote invalid. The county initially posted a summary of the moratorium on its Facebook page that differed from what was passed, which county spokeswoman Scottie Kay Blackwell attributed to a "scrivener's error," stating that media were invited back into chambers for the reconsideration.
However, no news reports mentioned this reconsideration, and Bender asserts that any action taken in an unannounced meeting violates the law. Consequently, he argues the original version of the moratorium passed at the initial third reading remains in effect. Council members declined to comment on the matter, and an eyewitness indicated the reconvening must have happened within minutes of the initial adjournment.