November 22, 1996



Sam Thomas, Esq., City Attorney
City of Alpharetta
53 Perimeter Center East
Third Floor
Atlanta, GA 30346

     RE:  Incident report fee scale

Dear Mr. Thomas:

     The Georgia First Amendment Foundation is a non-profit organization, formed to advance open government and freedom of information in Georgia through education and advocacy.  The Foundation teaches officials and the public about the First Amendment and state laws aimed at assuring public access to government.

     As you may know, under the open records act, unless state law provides otherwise, an agency "may charge and collect a uniform copying fee not to exceed 25 cents per page."  O.C.G.A. section 50-18-71(c).  While O.C.G.A. 40-9-30 provides that $5.00 may be charged for accident reports, the same statute does not apply to incident reports.  Furthermore, with respect to search and retrieval of documents, no search or retrieval charge may be made for the first quarter hour.  O.C.G.A. section 50-18-71(d).  And for single requests for police reports, no fee may be charged for search and retrieval.  See McFrugal Rental of Riverside, Inc. v. Garr, 262 Ga. 369 (1992).

     We have been informed by the Georgia chapter of the A.C.L.U. that recent requests to the City of Alpharetta for public records have been refused or that the City has imposed charges or requirements inconsistent with Georgia law.  As a Foundation chartered to protect the public's right of information, we have a keen interest in the proper operation and enforcement of Georgia's open records law.

     Could you please confirm to us what response the City of Alpharetta is now making to open records requests?  We would appreciate an explanation of any variation in the rules followed by the City and the requirements of Georgia law.

     Thank you for your assistance.

                                                               Sincerely,



                                                               Hollie Manheimer