May 23, 2005

Sheriff Joel Robinson/Murray Kogod

Barrow County Sheriff’s Office

30 N. Broad Street

Winder, Georgia 30680

VIA FACSIMILE (770) 307-3066

Dear Sheriff Robinson:

I am writing on behalf of the Georgia First Amendment Foundation.  We  are an organization that seeks to advance the cause of open government and monitors freedom of information issues throughout this state.

            It has been brought to our attention that the Barrow County Sheriff’s Department is refusing to release domestic violence reports in instances where arrests have been made.  We are concerned that these activities are contrary to public policy and violate O.C.G.A. § 17-4-20.1(d).

Georgia Law Enforcement and the Open Records Act, a copy of which is enclosed for your review, instructs that “[r]eports relating to investigations of family violence are not subject to release under the Open Records Act unless an arrest has been made in this incident(s).”  P. 13 fn 12.  This manual was prepared by the Georgia Association of Chiefs of Police, the Georgia Bureau of Investigation, the Georgia Department of Law, the Georgia Department of Public Safety, the Georgia First Amendment Foundation, the Georgia Press Association, the Georgia Public Safety Training Center, the Georgia Sheriff’s Association, and the Prosecuting Attorney’s Council of Georgia.

            Remember, also, that initial police arrest and initial incidents reports are always subject to release regardless of the status of an investigation.  See O.C.G.A. § 50-18-72(a)(4).

            We would appreciate an explanation as to why the Department’s practices appear to contravene the public interest.  I look forward to hearing from you at your earliest convenience.  Thank you.

Sincerely,

Hollie Manheimer

Executive Director

Enclosures

Cc:       GFAF Board