The answer at this point is probably. 

According to Aiken Municipal Development Corporation (AMDC) meeting minutes, (1/11/22) Gray Raines of Project Pascalis developer Rainesco (a key player in the RPM Development Partners, LLC consortium) met with fifty-seven people over the course of two days and five separate meetings in late December, 2021 to discuss his development philosophy and pertinent experience. According to statements attributed to Aiken Economic Development Director Tim O’Briant, Rainesco likes “ to meet in small groups rather than a large public session.” 

Aiken Standard reporter Landon Stamper was in attendance that day, and reported on the meetings (1):

The Aiken Municipal Development Commission recently hosted talking sessions with the prospective lead development group behind Project Pascalis. Over the course of two days, a total of 57 people attended five sessions, billed as a conversation with Grey Raines, managing partner with Raines Co.

The story went on to quote AMDC Commissioner J. David Jameson stating:

People just appreciated the fact that they got to look into the eyes of the person that may become the master developer of this project. We got to see him early on and understand his philosophies.

No large public meeting regarding Project Pascalis was held until April 20, 2022 — four months after Mr. Raines privately met with what appears to be invitation only audiences. Mr. Raines himself was not introduced at either of the April 20 meetings, so the general public did not get “to look into the eyes” of the master developer. 

South Carolina law is clear about the requirements public agencies must adhere to when announcing, posting, holding, and documenting public meetings. According to state law, SC 30-4-60, meetings of public bodies must be open except for very specific exemptions. “Talking sessions” with select invitees is not on the list of exemptions.”

Executive sessions require a vote of approval, and “No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.” (SC 30-4-70(c)). 

When the AMDC held public meetings in April, the public was restricted from asking questions while the developers and other AMDC contractors presented their case for all but fifteen minutes of the scheduled meeting time. During the first session, public input and questions were abruptly cut off by the moderator, Tim O’Briant, because Rainesco representatives had “prior engagements.” 

This is just the latest in a long series of legal issues confronting Project Pascalis, including: 

—City of Aiken has yet to hold a formal public hearing for Project Pascalis, as required by South Carolina redevelopment laws; 
—The AMDC has yet to follow that law and amend its obsolete, July 2020 redevelopment plan that was approved eight months before “Project Pascalis” entered the public discourse; 
—The AMDC failed to issue a legal public notice for their Requests for Proposals until  eight months after first soliciting bids;
—-The AMDC offered the prospect of city property to interested developers without permission from City Council, and did not seek permission for nearly a year; 
—Conflict of interest allegations raised in the recent lawsuit involving the City Attorney; 
—Violations of City ordinances regarding the parkway district; 

Now, it appears a City Commission repeatedly violated very simple, basic Open Meetings laws; reminiscent of the City of North Augusta’s Open Meetings violations in the early days of its Project Jackson development on the riverfront. 

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REFERENCES

(1) https://www.postandcourier.com/aikenstandard/news/local-government/aiken-development-panel-continues-discussions-around-project-pascalis/article_9d46cab4-73d6-11ec-a559-9779b241eef5.html
(2) https://www.scstatehouse.gov/code/t30c004.php