City asks for extension in FOIA lawsuit
By Caleb Gilbert
Courtesy of Upstate Today
October 8, 2024
The lawsuit was originally filed on Aug. 23 and was served to city administrator Andy Blondeau on Sept. 9. The deadline to respond to the plaintiffs’ allegations is set for Oct. 9, with the proposed 30-day extension taking that to Nov. 9, according to the motion for extension.
In support of this motion, the city made the following assertions, paraphrased for brevity:
• The city suffered massive damage as a result of Hurricane Helene and the city remains “solely focused” on cleanup and recovery from the hurricane. The city said it has “canceled or postponed various, other non-essential governmental activities” while recovery efforts continue.
• The city alleged more than two weeks passed between the date the lawsuit was filed and when Blondeau was served the papers. The city also said “to the best of the undersigned counsel’s knowledge,” the plaintiff’s counsel did not contact Kozlarek “to seek acceptance of service of Plaintiff’s Complaint.”
Later, the motion said it is “unclear” whether Kozlarek will “ultimately serve as litigation counsel for this matter,” but added other supporting information in the event he does serve as counsel:
• Kozlarek has experienced “both personal and professional disruption” due to the hurricane: his office remains without an active or reliable internet connection, his children have been out of school/daycare for two days, with one still out of school and various “non-resident friends and family members” have been using Kozlarek’s home for “hot showers, meals and as an electronic device ‘charging’ station,” all of which Kozlarek said disrupts work flow.
• Kozlarek also has a “Return to a Petition for a Writ of Certiorari” due to the South Carolina Supreme Court on or before Oct. 18, and has also asked for an extension in those proceedings, adding he’s had “other filings due in both South Carolina Circuit Courts and Georgia Superior Courts between the service of the Complaint and the current responsive pleading deadline.”
• Kozlarek has a long-standing out-of-state vacation “planned and paid for” from Oct. 12-19.
According to South Carolina law, upon the filing of the request for declaratory judgment or injunctive relief, the chief administrative judge of the circuit court must schedule an initial hearing within ten days of the service of all parties.
No initial hearing has been scheduled and no decision on the motion for extension has been made as of press time on Monday.