Hello, if you are here it means you are seeking assistance in forcing compliance for open records in Georgia and the concepts should apply to other states. Always research your states Sunshine Laws / Open records Laws / FOIA Freedom of information act laws.
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A breakdown of the lawsuit filed by the Merchant Law Firm
Referenced image https://libguides.law.gsu.edu/c.php?g=253377&p=1689704
The current Georgia open records act (GORA)
Let’s break down the law to gain better understanding
§ 50-18-70. Legislative intent; definitions
(a) The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay!
This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception.
First we need to identify the open records custodian or person to whom requests can be submitted to. The information is typically on the agencies webpage. Often the link is buried in a menu or somewhere not prominently displayed. Sometimes it is in plain view. Sometimes, rarely but sometimes the agency does not have the information displayed. The law is clear in this regard. Every agency has a custodian weather it be an assigned custodian or just a person that provides the records, some examples are paralegals, law enforcement officers, Internal Affairs officers, city hall, someones niece or nephew.. The law is clear on this
50-18-71 (a) (b) (2) Any agency that designates one or more open records officers upon whom requests for inspection or copying of records may be delivered shall make such designation in writing and shall immediately provide notice to any person upon request, orally or in writing, of those open records officers. If the agency has elected to designate an open records officer, the agency shall so notify the legal organ of the county in which the agency’s principal offices reside and, if the agency has a website, shall also prominently display such designation on the agency’s website. In the event an agency requires that requests be made upon the individuals identified in subparagraph (B) of paragraph (1) of this subsection, the three-day period for response to a written request shall not begin to run until the request is made in writing upon such individuals. An agency shall permit receipt of written requests by e-mail or facsimile transmission in addition to any other methods of transmission approved by the agency, provided such agency uses e-mail or facsimile in the normal course of its business.
50-18-71 (a) (b) (3) The enforcement provisions of Code Sections 50-18-73 and 50-18-74 shall be available only to enforce compliance and punish noncompliance when a written request is made consistent with this subsection and shall not be available when such request is made orally.
Before we begin we have to decide what records to get, I have compiled a list of types of records that can be obtained through police departments, this course deals with law enforcement records requests but can easily be applied to many other agencies.
§ 50-18-70
(b) As used in this article, the term:
(1) “Agency” shall have the same meaning as in Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization that has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state, their officers, or any combination thereof and derives more than 33 1/3 percent of its general operating budget from payments from such political subdivisions.
(2) “Public record” means all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use.
Judge Krause is calling out the defense for Fulton County as their argument is BS!!
The judges stance on wether or not the open records custodian and the county should provide assistance in helping the public have access to records.
50-18-71 (a) (b) (1)
Reference materials
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