Resident says city did not provide Hub Clemson emails
Story Date: 6/28/2024

Resident says city did not provide Hub Clemson emails
By Caleb Gilbert 7 hrs ago 
 
CLEMSON — A potential glaring lack of transparency in Tiger Town is causing a stir amongst some of its residents — even its own council members. 

On April 7, Clemson resident Eleanor Hare submitted a Freedom of Information Act (FOIA) request to Clemson city clerk Jeremiah Jackson, according to documents provided to The Journal. In Hare’s request, she asked for all emails pertaining to the city’s recently approved Hub Clemson project (on April 15), including communications between city staff, Core Spaces (Hub Clemson’s developer) and Keowee Trail, LLC (property owners). Hare specified the dates listed as January 2023, “through the date of this request.”

According to Hare, the city charged her $1,000 for the information she requested — but only provided emails that began on May 22, 2023. Hare inquired of Jackson, in which he replied, “I have spoken with our IT staff and this is everything that came up based on your FOIA request that was not privileged. Our attorneys did remove some privileged emails, but I am not sure on where they fell on the timeline of your request.”

Hare wrote back and said that under FOIA, “I am entitled to know more about what was excluded,” and listed out that she should know who sent the email, who it was sent to, the date and time, the subject and specific FOIA exemption under South Carolina law that allowed the exemption. Jackson replied and sent an excerpt of South Carolina code that allegedly protects the city from supplying those documents due to it being “correspondence or work products of legal counsel for a public body and any other material that would violate attorney-client relationships.”

Jackson closed the email with, “As a result, the City is not required to turn over the items.”

'Very concerning’

Councilwoman Catherine Watt caught wind of the situation and sent a memo to city administrator Andy Blondeau, a copy of which was provided to The Journal.

“Clemson resident Eleanor Hare has made aware that the City is refusing to comply with a legitimate FOIA request, even after she paid for information related to the Hub project,” Watt wrote.

Watt then goes on to request copies of the documents that were withheld from Hare. 

“I should have already received them as part of Council communication, you can understand my concerns about what might be missing from my information repository,” she wrote. “It is also my understanding that you have already pulled this information, making it easily available.” 

Watt closed out the email by outlining the alleged potentials of Hare, or herself, not receiving the information. 

“It is clear that the City is in a perilous legal position on multiple fronts,” she wrote. “Failing to provide information that should be available to the public is very concerning. Failing to respond to a FOIA request is a felony, and failure to uphold the public trust is disastrous.”

Blondeau replied defending himself, staff and others involved in the gathering of information for the FOIA request. 

“You have accused me, Jeremiah, Lowell, and Michael of a felony. Your defamatory remarks are not only offensive to me, but my entire staff,” he wrote. “I have spent my career serving the City of Clemson with the highest level of care and integrity. So has my staff. Your accusation is completely unfounded and clearly shows that your intent is to harm the city in an effort to gain political favor among your supporters.” 

Blondeau goes on to explain the city’s reasoning behind the withheld information. 

“As to what factors played a role in denying legally requested access, staff has been advised that there is nothing in state law that requires us to provide the redacted materials. The City is being sued so advocating for us to go against Council’s appointed attorney’s advice is irresponsible and reckless,” Blondeau wrote. “City Council approved the project the FOIA request is centered around. I don’t get to choose sides. I serve Council regardless of my personal opinions. We are in a lawsuit and I am bound by the ICMA code of ethics to protect the city. Even if Council has other intentions.”