January 24, 2003

Mr. Warren L. Mixon, County Attorney

Irwin County

P.O. Box 145

Ocilla, Georgia 31774

Dear Mr. Mixon:

The Georgia First Amendment Foundation is a non-profit organization that seeks to advance the cause of open government and monitors freedom of information issues throughout the state. This is to express our concern regarding your failure to comply with an open records request seeking the terms of an allegedly confidential settlement of civil litigation by Irwin County.

It was brought to our attention that the Irwin County Board of Commissioners has refused to release settlement information regarding a case settled by the county with the Roger and Wanda Sumner. This information was requested pursuant to an open records request. The county's action is contrary to the decisions of the courts of our state, as well as contrary to public policy. See Mullins v. Griffin, 886 F. Supp. 21 (N.D. Ga. 1995);. City of Helen v. White County News, Superior Court of White County, 10/23/96 Order.

As Georgia's Open Records Act recognizes, public officials have a responsibility to promptly respond - within three business days - to requests for readily identifiable public records of the sort requested here. We would appreciation an explanation from you as to what will be done to remedy these violations that go against the interests of the public. Thank you.

Sincerely,

Hollie Manheimer

Executive Director

cc: Armond Morris, Chairman

Irwin County Board of Commissioners