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NEXSEN|PRUET Cchareston chante coun Greensboro rent ton Head ye Beach Raleigh 1101 Johnson Avenue ‘Sue 300 Mylo Beach, SC 26577 "ou nexsenprtcom ‘Spec ‘admin SC March 17, 2016 SENT VIA FIRST CLASS MAIL & E-MAIL TO Mr. David Hucks 1143 Bob Grissom Parkway Myrtle Beach, South Carolina 29577 Re: Letter Dated March 1, 2016 to the Myrtle Beach Area Chamber of ‘Commerce Re: FOIA Documents Dear Mr. Hucks: On behalf of my client, the Myrtle Beach Area Chamber of Commerce (“Chamber”), I ‘want to formally respond to your letter dated March 1, 2016, requesting an opportunity to inspect and/or obtain copies of various records of the Chamber. The Chamber is not a “public body” under the South Carolina Freedom of Information Act (the “SCFOIA”), § 30-4-10, ef seq. of the South Carolina Code of Laws (the “Code”) and, therefore, is not required to respond to the request contained in your letter. Your request seeks the following information: 1) All documents and accounting records submitted to Chamber Auditors for years 2102-2016, to include tax returns and copies of all released public accounting information. 2) All Chamber Bank statements, for their DMO, General Fund and any bank accounts controlled by the Chamber Officers and or Board Member(s), and all accounting documents for the DMO and General Funds to include invoices and receipts for expenditures for 2012 through 2016 for any and all accounts controlled by any officer, employee and/or Board Member of the Chamber. 3) Copy of all records and documents submitted to the IRS for 2012-2016 tax returns, Please be advised that your request encompasses information related to both private and public funds, which is not subject to disclosure under SCFOIA under any Tes2iast1 Fo«a.213.5418 FE Dsiough@nexsenpructcom ‘Nexeon Prost LLC ‘Atlomeys and Counselors at Law |NPMERL: 1885841 David Hucks March 17, 2016 Page 2 circumstances. As you are aware, the Chamber competes for the receipt of the public funds that it receives on an equal basis with any other entities submitting competitive bids, budgets and proposals to the various governmental entities for their review and consideration. If selected, the Chamber receives such public funds on an arm’s length basis in exchange for an obligation to provide certain specified and identifiable goods and/or services provided on behalf of the governmental entities on terms as set forth by the agreement with such governmental entity. Additionally, all of the public funds received by the Chamber, including those received with respect to the Tourism Development Fee in Myrtle Beach, South Carolina, are used only as allowed and directed by law. ‘Thus, the Chamber's operations are not supported in whole or in part by public funds or expending public funds. As stated above, the Chamber is not subject to SCFOIA. As part of the Chamber’s continued efforts to be open and transparent, however, the Chamber provides public access online to detailed information regarding the expenditure of public funds. Highly detailed expenditure information relative to the utilization of public funds for fable goods and services is published on the Chamber's website on a quarterly Information currently available on the website covers the periods beginning in 2008 through the 4" quarter of 2015. This information can be found at http//, ‘These account- ability reports detail all expenditures of public funds relating to the Tourism Development Fee and include much of the information you have requested in your e- mai The City of Myrtle Beach (the “City”) and Horry County (the “County”) require various information and details relating to the proper expenditure of public refunds disbursed by these governmental entities. By way of example, the Chamber submits very detailed reports to the County on a quarterly basis, including a sampling of the actual invoices as an exhibit. This quarterly report tracks actual expenditures against the annual budget submitted to the County pursuant to the terms of the Chamber’s contract with the County and as approved by its Administration Committee and Couneil. To the best of our knowledge, the City and the County have been satisfied with the transparency, completeness, and accuracy of the documentation we have provided to them and that is required by law. With respect to your request related to tax returns and other financial information, the Chamber's 2014 tax return and audited financial statements are available for your review and to print for free at hitp:// html. ‘The Chamber's 2015 tax return has not been filed as of today, but it is due no later than May 15, 2016, unless extended. The Chamber's 2015 audited financial statements were presented to the Board of Directors at its March 15, 2016, Board Meeting and will be uploaded online by March 19, 2016, for your access and review. NPM: 188584,1 David Hucks March 17, 2016 Page 3 If you have any questions, please do not hesitate to contact me. ‘As always, very truly yours, OSs 7" David C. Slough DCS/dse [NPMBI:188584,1