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Hi there,

Following up on this below. I hadn’t heard back.

This is what I had written on Monday:


“To clarify, I’m not asking if your determination has changed. You said, “SC Attorney General has opined
that toxicology reports are confidential medical records, and we are in accord with this interpretation.”
Would you please specify where you are seeing this or to what case specifically you are referring? You
never gave us the specific opinion or case.”

Appreciate your time.

Summer
From: Summer Dashe
Sent: Monday, February 4, 2019 5:09 PM
To: Moore, Kelly <Moore.Kelly@horrycounty.org>
Subject: RE: WPDE FOIA 6/19/2018

Kelly,

To clarify, I’m not asking if your determination has changed. You said, “SC Attorney General has opined
that toxicology reports are confidential medical records, and we are in accord with this interpretation.”
Would you please specify where you are seeing this or to what case specifically you are referring? You
never gave us the specific opinion or case.

Thanks a bunch!

Summer

From: Moore, Kelly [mailto:Moore.Kelly@horrycounty.org]


Sent: Monday, February 4, 2019 5:01 PM
To: Summer Dashe <sdashe@sbgtv.com>
Subject: RE: WPDE FOIA 6/19/2018

Hi Summer,

Our determination has not changed.

Best,
Kelly

Kelly Moore | Director of Public Information


Horry County Government
Public Information
1301 Second Avenue, Conway, South Carolina 29526
Tel 843-915-8421 | Fax 843-915-6390 | moore.kelly@horrycounty.org
www.horrycounty.org
From: Summer Dashe [mailto:sdashe@sbgtv.com]
Sent: Monday, February 4, 2019 1:57 PM
To: Moore, Kelly <Moore.Kelly@horrycounty.org>
Subject: FW: WPDE FOIA 6/19/2018

Hi Kelly,

Checking back in on this.

Thank you!

Summer

From: Summer Dashe


Sent: Friday, January 25, 2019 11:25 AM
To: Moore.Kelly@horrycounty.org
Subject: Fwd: WPDE FOIA 6/19/2018

Kelly,

I know it has been a while since I checked in on this request. In your last email to me on this topic, you
said, “SC Attorney General has opined that toxicology reports are confidential medical records, and we
are in accord with this interpretation.” Would you please specify where you are seeing this or to what
case specifically you are referring?

Thank you. Appreciate your time.

Summer

From: Moore, Kelly [mailto:Moore.Kelly@horrycounty.org]


Sent: Friday, June 29, 2018 8:22 AM
To: Summer Dashe <sdashe@sbgtv.com>; Harrelson, John (Police) <HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: RE: WPDE FOIA 6/19/2018

Summer,

With deference to your response, the SC Attorney General has opined that toxicology reports are
confidential medical records, and we are in accord with this interpretation.

Best,

Kelly
Kelly Moore | Director of Public Information
Horry County Government
Public Information
1301 Second Avenue, Conway, South Carolina 29526
Tel 843-915-8421 | Fax 843-915-6390 | moore.kelly@horrycounty.org
www.horrycounty.org

From: Summer Dashe [mailto:sdashe@sbgtv.com]


Sent: Wednesday, June 27, 2018 9:25 PM
To: Moore, Kelly <Moore.Kelly@horrycounty.org>; Harrelson, John (Police)
<HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: RE: WPDE FOIA 6/19/2018

Kelly,

According to our legal team, these records must be released.

HIPAA only applies to medical providers. It does not apply to a county police department.

Moreover, we are requesting results from a county employee’s drug screen and alcohol screen. A result
is not a medical condition. That is public information.

Additionally, as found in the 2004 case Burton vs. York County Sheriff’s Department, information
regarding alleged illegal and unethical conduct of a county employee must be released.

For your reference, just four days ago the Charleston Police Department released results of a failed drug
test by an officer in the department. http://abcnews4.com/news/local/charleston-police-officer-resigns-
after-failed-drug-test

To recap, former employee Krystal Dotson was in a county issued vehicle on county time when the
wreck occurred, according to the report. Also according to that report, she had to have a drug screen
within 24 hours and an alcohol screen within 2 hours of that wreck. That would have been paid for with
taxpayer money. We are again requesting the results of those tests.

Thank you,

Summer

From: Moore, Kelly [mailto:Moore.Kelly@horrycounty.org]


Sent: Friday, June 22, 2018 2:31 PM
To: Summer Dashe <sdashe@sbgtv.com>; Harrelson, John (Police) <HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: RE: WPDE FOIA 6/19/2018
Hi Summer,

The incident was not reported, investigated or charged as a crime. We maintain that the records you
requested are exempt from disclosure pursuant, but not limited to § 30-4-20(c) and 30-4-40(a)(2)(4),
Code of Laws of South Carolina (1976, as amended) and the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”).

Best,

Kelly

Kelly Moore | Director of Public Information


Horry County Government
Public Information
1301 Second Avenue, Conway, South Carolina 29526
Tel 843-915-8421 | Fax 843-915-6390 | moore.kelly@horrycounty.org
www.horrycounty.org

From: Summer Dashe [mailto:sdashe@sbgtv.com]


Sent: Wednesday, June 20, 2018 6:27 PM
To: Moore, Kelly <Moore.Kelly@horrycounty.org>; Harrelson, John (Police)
<HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: RE: WPDE FOIA 6/19/2018

Kelly,

I appreciate your quick response to our request and am always grateful for your time. I do not believe
this request is exempt from public record as you mentioned.

According to the incident report, a county employee (Krystal Dotson) was driving a county issued vehicle
when a wreck occurred. Also according to that report, Dotson was required to take an alcohol screen
within 2 hours of the wreck and a drug screen within 24 hours of the wreck.

That drug and alcohol test would be paid for by taxpayer money, as would damage to the county issued
vehicle. In addition, the drug and alcohol tests were done as part of an investigation into a wreck
involving a county vehicle and a county employee. Therefore, according to FOIA law, Section 30-4-50(8),
the following is public: “reports which disclose the nature, substance, and location of any crime or
alleged crime reported as having been committed.”

Please let me know if you have any further questions.

Summer
From: Moore, Kelly [mailto:Moore.Kelly@horrycounty.org]
Sent: Wednesday, June 20, 2018 9:10 AM
To: Summer Dashe <sdashe@sbgtv.com>; Harrelson, John (Police) <HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: RE: WPDE FOIA 6/19/2018

Hi Summer,

The records requested are exempt from disclosure pursuant to legal privacy concerns.

Best,

Kelly

Kelly Moore | Director of Public Information


Horry County Government
Public Information
1301 Second Avenue, Conway, South Carolina 29526
Tel 843-915-8421 | Fax 843-915-6390 | moore.kelly@horrycounty.org
www.horrycounty.org

From: Summer Dashe [mailto:sdashe@sbgtv.com]


Sent: Tuesday, June 19, 2018 10:27 PM
To: Moore, Kelly <Moore.Kelly@horrycounty.org>; Harrelson, John (Police)
<HarrelsJ@HorryCounty.org>
Cc: Heather Gale <hgale@wpde.com>; Victoria Spechko <victoria@wpde.com>
Subject: WPDE FOIA 6/19/2018

Summer Dashe

10 University Blvd.

Conway, SC 29526

8437429817

June 19, 2018

Horry County Police Department

RECORDS REQUEST

Dear Records Request Officer:


Pursuant to the state open records act, I request access to and copies of results from Krystal Dotson's
alcohol screen and drug screen after her wreck on May 29, 2018.

I agree to pay reasonable duplication fees for the processing of this request.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific
exemptions of the act.

Thank you for your assistance.

Sincerely,

Summer Dashe

WPDE ABC 15
Evening Anchor
(843) 742-9817
sdashe@wpde.com