A former firefighter is suing the Kelly-Kelton Fire District’s Board of Fire Control alleging it failed to respond to his Freedom of Information Act (FOIA) request.

Bryan Farr, a former captain on the district’s fire department and former district board member, until moving to Spartanburg County 15 years ago, filed the suit Monday with the Union County Clerk of Court’s Office.

Farr, who said he plans to move back to Kelton, said he filed the request because of concerns voiced by some of the district’s firefighters about the board’s administrative practices and its failure to comply with the statutes and ordinances which established the district. In his suit, Farr claims the board failed to respond to an FOIA request he submitted Sept. 2.

Farr’s attorney, Melinda Inman Butler, said even though the board received her client’s FOIA request in September, it has not responded. Butler said under the law, once an FOIA request is received by a governing body it is required to either provide the requested information or give reason why it will not provide it within 15 days. She said the board has not done either as of the beginning this month in violation of the law.

In his FOIA request, Farr asked the board to provide him with the following information:

• Any and all documents since January 1996 relating to him. In his request, Farr stated it was his understanding the board “has set in the minutes that I am not allowed to be a member of the fire department again. I am requesting copies of the minutes which have anything to do with me or about myself and the reason why I would not be allowed back on to this department.”

The request states Farr wants to read, inspect and make copies of those documents and for the board to make them available for review within two weeks from the date of his letter.

• Farr also claimed the board was not following the S.C. Code of Laws and asked why a board member who’d moved out of the district over a year before had not been replaced “in a reasonable amount of time.” He pointed out that Union County Council had just reappointed three members to the board in July of this year.

Farr asked the board to provide him with the dates and a copy of the notice that ran in the newspaper advising residents within the district of their right to apply for the position. He stated he also wanted to know if the notice was printed a minimum of 30 days before any letter was sent to council.

Farr questioned how the board submits names for appointment to council. He also asked how the board went from being appointed by council to being elected and then back to being appointed by council and what law was followed to change the election process once it was started.

• Also requested was a review of the district’s equipment inventory. Farr said he wanted to see the copies of all minutes concerning equipment that had been sold or discarded along with information about where the items went, the method by which they were discarded and the reason why. He also requested information on whether checks were requested for the items or cash.

• Farr asked if background checks are run on members in charge of check books or purchasing activity and inventory to ensure the district’s money is safe. He asked if this is not being done, why not?

In addition to alleging the board failed to respond to Farr’s request, the suit claims the board has:

• Failed to make the records and minutes of its meetings available to the public for inspection.

• Failed to allow meetings to be open to the public.

• Failed to give written notice of regularly scheduled meetings at the beginning of the calendar year.

• Failed to keep written minutes of all public meetings.

• Failed to have six members on the board.

• Failed to fill vacancies for unexpired terms.

• Added the requirement that applicants for a seat on the board be a registered voter.

The suit asks that the court find the board in violation of the Freedom of Information Act, issue an injunction requiring the board to either comply with Farr’s request or give reason for not complying, find the board’s violations as willful and refer the matter to the appropriate authorities for the assessment of criminal charges and any additional monetary damges or other relief the court deems just and proper.

Fire Control Board Chairman Hoyt Haney said this morning he has received a copy of the suit. However, he said he is consulting with the county attorney and cannot make a comment at this time.

Union County Council is also named as a defendant in the suit. Farr said he included council in the suit at the direction of his attorney. He said council’s inclusion is due to the fact the fire district was established by county ordinance and council approves the appointment of the board members. Despite council’s inclusion, Farr said the main thrust of his suit is the board and its actions.

Butler said council’s inclusion is because, by law, it has the final authority over the Kelly-Kelton Fire District. She said her client believes the council was not informed of his FOIA request. The council, she said, was included on technical grounds and not for any direct violation of the FOIA or any other actions listed in the suit.