SURFSIDE BEACH, SC (WBTW) – Surfside Beach town council’s sudden vote to fire the town administrator and deputy town administrator last week was illegal, according to attorney Jay Bender.
At the beginning of Tuesday’s meeting, council voted four to three to add an item to the agenda to discuss the duties of the town administrator. In that same meeting, the council voted to fire administrator Micki Felner and deputy administrator Jon Harrah.
South Carolina’s Freedom of Information Act says council may only add items to meeting agendas with less than 24 hours’ notice if two thirds of council supports the addition. Council didn’t meet that vote threshold on Tuesday night.
There must also be an “emergency or exigent circumstance” before items can be added with no notice. Council didn’t announce the existence of either.
Bender, who is well-known for his expertise in South Carolina’s Freedom of Information Act, said the people who were fired may be able to file a lawsuit, but they probably wouldn’t get their jobs back because the vote could be done correctly at a later date.
