UPDATE JUNE 17, 2024
Read the entire email
SENT JUNE 15, 2024
SENT TO: Full email list below, minus the GBI contacts in case you want to express a concern to an elected official in Georgia
Good day,
I hope this letter finds you well and in good legal spirits.
This is a complaint that needs to be escalated to the director! It is a crying shame the top law enforcement agency in the state does not follow the letter of the law, it is no wonder as the AG can care less. Well, I care and I will take legal action!
You don’t get to make amendments to the Open Records Act!!!
Waiting for months for records, the Jermaine Jones case files took over a year. With many requests lingering and slow to fill. The law does not state “lack of help, not enough people,” as a reason to delay, violate and frustrate the open records laws. HIRE PEOPLE!!! That is what businesses do, they hire people so they can be compliant for OSHA, DOL, DOA and the Health Department and so on, they don’t get to tell the government regulators they don’t have enough help to keep the place clean!
A violation is a violation no matter how much lipstick you put on it!
This has been an ongoing theme for years now with the GBI and I am asking for a formal probe into the GBI and their compliance to state and federal laws regarding FIOA and ORA. This is pretty serious, especially since they released the Jermaine Jones case files to a news agency before me, I started requesting those files in December when the DA closed the case! Someone please take a minute and fix this!
I am putting some, not all, but some samples of my requests below. I have filed a complaint with the Attorney General but they emailed me and stated the GBI are their constituents, and they don’t handle mediation for the GBI. WILD!!! Why have laws then??? It does not state that in the Open Records Act either, nowhere does it say the AG and GBI are the same therefore don’t investigate each other. If that is true, that needs to be changed!
Violation of the open records act
50-18-71 (b) (1) (A) Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request
The law is pretty clear, you have 3 days to produce the records.
Right now we are dealing with a 1st amendment violation under the Freedom of the Press as I cannot disemeinate my story to the public because your agency is violating the open records act by not following the law. These are just a few, I have violations that go back years! Your agency is constantly making excuses and ignorance is no excuse for the law. You can’t just make excuses not to follow the law!
CURRENT VIOLATION No response
June 9, 2024
I am requesting records related to Quincey Cannon, specifically the video interviews from Nov 2022.
Reference:
“Richmond County, GA (December 15, 2022) – The GBI has arrested and charged Richmond County Sheriff’s Office Deputies Quincy Cannon, age 31, Andrew Acosta, age 25, and Robert Wilson, age 45, on charges stemming from an incident that happened at the Richmond County Sheriff’s Office and after an officer involved shooting involving Vernon Cratic, age 34.”
CURRENT VIOLATION No response
I am requesting the case files for DFCS Rebecca McClain
Follow the law criminals! Fill this request in 3 days per 50-18-71
50-18-71 (b) (1) (A) Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request
https://gbi.georgia.gov/press-releases/2019-06-28/gbi-investigates-unlawful-inducement-adoption
CURRENT VIOLATION No response
Good day,
I am requesting the case files for Roy Payne
I have many open records still outstanding with your agency. Some 6 months old.
Keep breaking the law, so sad your agency is criminal by breaking the open records laws in Georgia. 50-18-74 read that close, one day I will have you in front of a judge!
When you break the law you are a criminal, there are no two ways about it and you know you’re guilty too which is the saddest part!
Calhoun, GA (April 28, 2023) – The GBI arrested Roy Payne, age 40, of Calhoun, GA, and charged him with three counts of child abuse, three counts of child molestation, and one count of sodomy. Payne was taken to the Gordon County Jail.
The Gordon County Sheriff’s Office requested the GBI investigate child abuse allegations on Friday, April 14, 2023. Payne was a former DFACs employee and allegations were made that he had abused children in his custody.
Anyone with information on this case is asked to call the GBI at 706-624-1424. Anonymous tips can also be submitted by calling 1-800-597-TIPS (8477), online at https://gbi.georgia.gov/submit-tips-online, or by downloading the See Something, Send Something mobile app.
CURRENT VIOLATION No response
Made on Jan 26
Good day slow pokes,
I am kindly requesting the case file on Michael Thompson of the Milledgeville Police department. Mary Chandler is the case agent and also any investigation into Brian Jones of the Pharmacist Coliseum hospital Macon Georgia. He was mentioned in the interview Harrison did with Mary Chandler.
Prior violations
VIOLATION
Request made October 08, 2023
June 15, 2020 incident involving Gary Thamas
Received records Mar 26, 2024
VIOLATION
Request made October 07, 2023
“I am asking for the Damen Boswell case files out of Emerson, the case is from 2014”
Subject: Damen Boswell
Records received Feb 13, 2024
VIOLATION EXCUSES
Request made Sep 13, 2023
More excuses to violate the law! Commons criminals do the same thing!
Email response from the GBI
“Currently, we are experiencing an estimated backlog of 6-8 weeks in completing requests. Please do not submit follow-up request to your initial request within this time period, as it will only delay our process and response time. If your request requires redaction, it may take up to an additional 60 days. Thank you for your patience while we work diligently to complete your request. “
VIOLATION EXCUSES
Request made 4.28.23
May 18, 2023 COMPLAINT
4.28.23 I requested these materials
4.28.23 GBI stated it will take 3 to 4 weeks, we are in the 3rd week
5.2.23 A reminder email was sent to your agency
8.18.23 3rd request
After complete failure I filed a request for the ORC Peyton
VIOLATION Robert Wilson initial request
Request made Feb 20, 2023
The GBI does have an open investigation on the three officers. There is video but it is not being released at this time as this is an open investigation. The case has been provided to the Augusta District Attorney and is pending grand jury.
Records received
And of course the detailed documentation I have on the Jermaine Jones case
Initial request for the Jermaine Jones case 12.12.22
Jermaine Jones case files
The files were given to a news agency ahead of me, my requests for these case files began in Dec 2022 when DA Jared Williams closed the case and let the cops slide!
My response
I am writing to formally express my concerns regarding the delay in processing my request for the Jermaine Jones files, which was submitted on July 12, 2023. As per the stipulations of the Open Records Act, the response time should not exceed three business days from the receipt of a request. It has come to my attention that this duration has been significantly surpassed, extending beyond the legally permissible seven days.
While I understand that there may be internal challenges, such as labor issues, it is imperative to note that legal obligations must be met irrespective of internal constraints. Analogously, when an individual is issued a speeding ticket due to tardiness for work, the underlying reason does not absolve them of the legal infraction. Similarly, any delay or oversight on the part of your officer is a breach of the law and necessitates appropriate accountability measures.
I wish to highlight the recurring issues I have faced with Ms. Robin Gay, who has frequently attributed her inability to fulfill her duties to staffing challenges. It is particularly concerning that my request was seemingly prioritized below that of another media outlet. For your reference, I am prepared to provide all email correspondences that document these violations. Additionally, some of these violations are publicly documented at http://shieldsofshame.com/gbi-open-records/.
I urge you to address this matter with the utmost urgency and ensure strict adherence to the Open Records Act. This act is not a mere convenience but a binding state law overseen by the Attorney General and the broader justice system. It appears that Ms. Gay operates under the presumption that she can release open records at her discretion, rather than in alignment with the legal mandate.
I anticipate your prompt attention to this matter and hope for a resolution that upholds the integrity of the Open Records Act.
Then the excuses to violate the law
Good morning Mr. Blume,
The GBI Open Records Unit (ORU) responds to requests for public records in accordance with the Georgia Open Records Act. In 2023, the ORU processed nearly 6,000 requests, representing a 26% increase since 2018 and a 10% increase over the last year. The high volume and complexity of requests has led to a backlog of pending requests. Records requiring redaction take additional resources and time to process.
We have received your request and the majority of the case has been redacted, we are working to provide you with an estimate to redact the remaining portion. The
ORU appreciates your patience while we respond to your requests in the order in which they were received.
Best,
Cheryl Payton | Sr. Manager
Georgia Bureau of Investigation
Open Records
O: (404) 270-8528
C: (470) 510-6889
My response
Billy Blume madvideos@gmail.com Wed, Sep 6, 2023, 12:56 PM
Cheryl,
Please escalate my complaint to the next supervisor in the chain of command. This has gotten out of hand and your agency is in violation of the open records act and you are making excuses!
Now you are in violation of the open records act. You are making excuses for not following the law, that is a violation of oath of office, you swore to uphold the law before taking that job. Now here you are breaking the law, I bet 12 people will see it the same way!
The law is crystal clear in regards to timeframes, 3 business days to furnish the records, IF they exist, we know the records exist because per Jamie Skelton you already released the records to a news agency earlier in the year, before me.. my request for this case started back in Dec 2022 when the DA closed the case. here we are 10 months later and you still can’t do your job.
There are NO mention in the open records laws for extensions and delays, the law also states I can come and use my device to document the files if YOU can’t produce them. You hire people if you are behind. Breaking the law should never be an option for your agency. It makes you look really bad and dishonest. It robs you of your credibility and public trust.
Their response
Mr. Blume,
Your complaint has been forwarded to Division Director Laura McDonald.
Best,
Cheryl Payton | Sr. Manager
Georgia Bureau of Investigation
Open Records
O: (404) 270-8528
I received the request Sept 12, 2023
Some important notes to consider
Open Records Requests and the Law
- Open Records Laws: In the United States, both federal and state laws provide the public with the right to access government records. The federal law governing this is the Freedom of Information Act (FOIA). States have their own versions, such as the Georgia Open Records Act (ORA).
- Purpose of Open Records Laws: These laws are designed to ensure transparency and accountability in government by providing the public with access to government documents and records.
- Compliance Requirements: Agencies are required to respond to requests within a certain timeframe and provide the requested documents unless they fall under specific exemptions (e.g., national security, privacy concerns). 3 business days in Georgia
Non-Compliance and Its Implications
- Non-Compliance: If the Georgia Bureau of Investigation (GBI) or any other government agency does not fulfill an open records request in accordance with the law, it can be seen as a failure to comply with statutory requirements. This non-compliance could be due to delays, withholding documents without proper justification, or not responding to the request at all.
- Legal Recourse: Individuals can challenge this non-compliance through legal means. This might involve:
- Filing a Complaint: Reporting the issue to the appropriate oversight body or filing a complaint in court.
- Court Orders: Seeking a court order to compel the agency to release the requested documents.
First Amendment Considerations
- Freedom of the Press: The First Amendment of the U.S. Constitution protects the freedom of speech and the press. Journalists and citizens rely on access to public records to report on government activities and hold officials accountable.
- Violation of First Amendment Rights: When a government agency withholds information without proper justification, it can hinder the ability of the press to inform the public, thus potentially violating First Amendment rights.
- Chilling Effect: Failure to provide access to public records can create a chilling effect, discouraging journalists from pursuing important stories or discouraging the public from seeking information.
Conclusion
Non-compliance with open records requests by government agencies like the GBI is a significant issue that impacts transparency and can potentially violate First Amendment rights. Addressing this requires a combination of thorough documentation, legal action, and public advocacy to ensure that government agencies uphold their obligations under the law.
Thank you for your attention to this matter
Billy Blume
evan.meyers@georgia.gov, lauren.curry@georgia.gov, andrew.isenhour@georgia.gov, mmalihi@osah.ga.gov, dcapraro@osah.ga.gov, chookep@osah.ga.gov, rebecca.sullivan@doas.ga.gov, christine.greene@doas.ga.gov, mccall.ginsberg@doas.ga.gov, daniel.regenstein@doas.ga.gov, autumn.cole@doas.ga.gov, al.howell@doas.ga.gov, sharon.carter@doas.ga.gov, roger.custin@doas.ga.gov, gerald.schaefer@doas.ga.gov, chris.hosey@gbi.ga.gov, Geoff.Duncan@ltgov.ga.gov, chip.lake@ltgov.ga.gov, regina.quick@ltgov.ga.gov, joseph.hendricks@ltgov.ga.gov, collins.udekigbo@ltgov.ga.gov, tyrel.dale@ltgov.ga.gov, melody.debussey@senate.ga.gov, emily.fisher@senate.ga.gov, debra.bazemore@house.ga.gov, shaw.blackmon@house.ga.gov, william.boddie@house.ga.gov, josh.bonner@house.ga.gov, rhonda.burnough@house.ga.gov, park.cannon@house.ga.gov, doreen.carter@house.ga.gov, j.collins@house.ga.gov, clay.cox@house.ga.gov, david.dreyer@house.ga.gov, matt.dubnik@house.ga.gov, carl.gilliard@house.ga.gov, sheri.gilligan@house.ga.gov, matt.gurtler@house.ga.gov, dewayne.hill@house.ga.gov, scott.hamilton@house.ga.gov, don.hogan@house.ga.gov, wayne.howard@house.ga.gov, derrick.jackson@house.ga.gov, jeff.jones@house.ga.gov, vernon.jones@house.ga.gov, todd.jones@house.ga.gov, brenda.lopez@house.ga.gov, jodi.lott@house.ga.gov, karen.mathiak@house.ga.gov, bill.mcgowan@house.ga.gov, marie.metze@house.ga.gov, sheila.nelson@house.ga.gov, mark.newton@house.ga.gov, miriam.paris@house.ga.gov, samuel.park@house.ga.gov, clay.pirkle@house.ga.gov, betty.price@house.ga.gov, brad.raffensperger@house.ga.gov, trey.rhodes@house.ga.gov, jason.ridley@house.ga.gov, renitta.shannon@house.ga.gov, deborah.silcox@house.ga.gov, rick.williams@house.ga.gov, david.ralston@house.ga.gov, spiro.amburn@house.ga.gov, kaleb.mcmichen@house.ga.gov, dianne.hardin@house.ga.gov, leishea.johnson@house.ga.gov, terry.chastain@house.ga.gov, holli.gibbs@house.ga.gov, richard.ruskell@legis.ga.gov, info@senatoralbers.com, lee.anderson@senate.ga.gov, tonya.anderson@senate.ga.gov, brandon.beach@senate.ga.gov, ellis.black@senate.ga.gov, matt.brass@senate.ga.gov, dean.burke@senate.ga.gov, gloria.butler@senate.ga.gov, bill.cowsert@senate.ga.gov, gail.davenport@senate.ga.gov, greg.dolezal@senate.ga.gov, mike.dugan@senate.ga.gov, frank.ginn@senate.ga.gov, steve.gooch@senate.ga.gov, marty.harbin@senate.ga.gov, ed.harbison@senate.ga.gov, tyler.harper@senate.ga.gov, sally.harrell@senate.ga.gov, billheath@billheath.net, stevehenson@mindspring.com, jack.hill@senate.ga.gov, chuck.hufstetler@senate.ga.gov, lester.jackson@senate.ga.gov, donzella.james@senate.ga.gov, burt.jones@senate.ga.gov, emanj@mindspring.com, harold.jones@senate.ga.gov, jennifer.jordan@senate.ga.gov, zahra.karinshak@senate.ga.gov, john.kennedy@senate.ga.gov, greg.kirk@senate.ga.gov, kay.kilpatrick@senate.ga.gov, william.ligon@senate.ga.gov, david.lucas@senate.ga.gov, pk.martin@senate.ga.gov, butch.miller@senate.ga.gov, jeff.mullis@senate.ga.gov, nan.orrock@senate.ga.gov, elena.parent@senate.ga.gov, chuck.payne@senate.ga.gov, sheikh.rahman@senate.ga.gov, michael.rhett@senate.ga.gov, randy.robertson@senate.ga.gov, valencia.seay@senate.ga.gov, freddie.sims@senate.ga.gov, jesse.stone@senate.ga.gov, brian.strickland@senate.ga.gov, horacena.tate@senate.ga.gov, bruce.thompson@senate.ga.gov, blake.tillery@senate.ga.gov, lindsey.tippins@senate.ga.gov, renee.unterman@senate.ga.gov, Larry Walker <larry.walker@senate.ga.gov>, ben.watson@senate.ga.gov, john.wilkinson@senate.ga.gov, nikema.williams@senate.ga.gov, kimberly.alexander@house.ga.gov, erick.allen@house.ga.gov, teri.anulewicz@house.ga.gov, mandi.ballinger@house.ga.gov, timothy.barr@house.ga.gov, john.meadows@house.ga.gov, sharon.beasley-teague@house.ga.gov, dc.belton@house.ga.gov, karen.bennett@house.ga.gov, patty.bentley@house.ga.gov, tommy.benton@house.ga.gov, james.beverly@house.ga.gov, bruce5347@aol.com, debbie.buckner@house.ga.gov, james.burchett@house.ga.gov, jon.burns@house.ga.gov, michael.caldwell@house.ga.gov, wes.cantrell@house.ga.gov, kasey.carpenter@house.ga.gov, john.carson@house.ga.gov, mike.cheokas@house.ga.gov, david.clark@house.ga.gov, heath.clark@house.ga.gov, jasmine.clark@house.ga.gov, kevin.cooke@house.ga.gov, sharon.cooper@house.ga.gov, viola.davis@house.ga.gov, katie.dempsey@house.ga.gov, pam.dickerson@house.ga.gov, robert.dickey@house.ga.gov, matt.dollar@house.ga.gov, demetrius.douglas@house.ga.gov, dren16999@aol.com, wdukes_2000@yahoo.com, emory.dunahoo@house.ga.gov, ck.efstration@house.ga.gov, ginny.ehrhart@house.ga.gov, englandhomeport2@windstream.net, chris.erwin@house.ga.gov, becky.evans@house.ga.gov, barry.fleming@house.ga.gov, frazier26@comcast.net, spencer.frye@house.ga.gov, houston.gaines@house.ga.gov, matthew.gambill@house.ga.gov, pat@patgardner.org, mike.glanton@house.ga.gov, jcraig.gordon@house.ga.gov, micah.gravley@house.ga.gov, gerald.greene@house.ga.gov, joseph.gullett@house.ga.gov, soscontact@sos.ga.gov, techols@psc.state.ga.us
GBI response June 17, 2024
Good morning Mr. Blume,
I hope you are well. You currently have no open records request(s) pending with the GBI Open Records Unit (ORU). Your previous requests were successfully completed, including the Jermaine Jones request you mention below. We made those files available to you via your portal account on 03/12/2024 and you viewed those files the same day. We received your payment for that request on 03/26/2024.
I have performed a search of the requests you listed below as “current violations”, using the names provided as search terms. These requests are not listed in your GBI Open Records portal account. One of the requests, specifically, files related to Roy Payne, you sent by replying to a notification that was sent to you from a previous request. I replied to you on 03/12/2024, letting you know that each request must be entered separately in your portal account, not by replying to an email related to a different request. This is essential for us to be able to properly track and manage your request. I see in the history of that request you have not read that communication in the portal, though you would also have been sent an email.
Please enter each request(s) in the GBI ORU portal located at https://gbi.georgia.gov/. As always, if you have any questions regarding your requests, please feel free to give me a call at 404-270-8527.
Cheryl Payton | Sr. Manager
Georgia Bureau of Investigation
Legal Division | Open Records
O: (404) 270-8528
My response back on June 17, 2024
Good day,
I have followed the law to the letter when making my requests to openrecords2@gbi.ga.gov which is a known open records email for your agency as I have used it. I am not obligated to use your portal. Please review the law below so you can better understand. You see, even the email you are replying to can be counted as a request. I can call you and give you my request as well.
Here are my recent requests for the 3rd time! All of these requests were sent to openrecords2@gbi.ga.gov
CURRENT VIOLATION
Made on Jan 26
Good day slow pokes,
I am kindly requesting the case file on Michael Thompson of the Milledgeville Police department. Mary Chandler is the case agent and also any investigation into Brian Jones of the Pharmacist Coliseum hospital Macon Georgia. He was mentioned in the interview Harrison did with Mary Chandler.
CURRENT VIOLATION
June 9, 2024
I am requesting records related to Quincey Cannon, specifically the video interviews from Nov 2022.
Reference:
“Richmond County, GA (December 15, 2022) – The GBI has arrested and charged Richmond County Sheriff’s Office Deputies Quincy Cannon, age 31, Andrew Acosta, age 25, and Robert Wilson, age 45, on charges stemming from an incident that happened at the Richmond County Sheriff’s Office and after an officer involved shooting involving Vernon Cratic, age 34.”
CURRENT VIOLATION
I am requesting the case files for DFCS Rebecca McClain
Follow the law criminals! Fill this request in 3 days per 50-18-71
50-18-71 (b) (1) (A) Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request
https://gbi.georgia.gov/press-releases/2019-06-28/gbi-investigates-unlawful-inducement-adoption
The laws
§ 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;
No Portal required!
50-18-71 (b) (1) (2) 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 (b) (1) (B) A request made pursuant to this article may be made to the custodian of a public record orally or in writing. An agency may, but shall not be obligated to, require that all written requests be made upon the responder’s choice of one of the following: the agency’s director, chairperson, or chief executive officer, however denominated; the senior official at any satellite office of an agency; a clerk specifically designated by an agency as the custodian of agency records; or a duly designated open records officer of an agency; provided, however, that the absence or unavailability of the designated agency officer or employee shall not be permitted to delay the agency’s response. At the time of inspection, any person may make photographic copies or other electronic reproductions of the records using suitable portable devices brought to the place of inspection. Notwithstanding any other provision of this chapter, an agency may, in its discretion, provide copies of a record in lieu of providing access to the record when portions of the record contain confidential information that must be redacted.
(f) As provided in this subsection, an agency’s use of electronic record-keeping systems must not erode the public’s right of access to records under this article.
Disclaimer: This webpage is not an official government page or an emergency line. It is dedicated to displaying information about police misconduct and naming the agencies involved. The content provided here is for informational purposes only and does not constitute official records or legal advice. In case of an emergency, please contact your local authorities or dial 911. For official information, please refer to the appropriate government or law enforcement websites.
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