SUMMER 2005 NEWSLETTER
GEORGIA FOI ACCESS
GEORGIA FIRST AMENDMENT ACCESS

Open government in South Georgia; a city-by-city history
Jim Houston's "quest for openness" in Columbus

By Tom Bennett

Atlanta, July 14, 2005 -- Jim Houston's freedom of information victories for the Columbus Ledger-Enquirer embody all that is admirable, and all that’s frustrating, about open-government work in Georgia.

A jail-log dispute resulting in the 1976 decision in the Georgia Supreme Court, Houston v. Rutledge, defined the Georgia public records.

Thanks to that case, they are "all documents, papers, and records prepared and maintained in the course of the operation of a public office."

The jail logs were ordered handed over to the big, gentle police reporter and his newspaper. However, the Muscogee sheriff then declared the records lost, and so they remain.

Twenty-eight years later, the same Jim Houston was not in the name style but was very much the seeker of documents in the 2004 case, R.W. Page Corp. et al v. Muscogee County Sheriff's Office. He won,, but again it proved hollow. Most documents were turned over in the December 2003 death of a Columbus man at the hands of a SWAT officer, and the state Supreme Court declared the case moot..

However, the court declined to rule whether or not R.W. Page Corp.( the name of the parent company of the Ledger-Enquirer though it now is a Knight-Ridder paper) still is owed fees charged by Attorney Walter Bush of Atlanta. That issue was sent back to the Muscogee County Superior Court, and there it remains.

"Jim's sense of fairness leads to a quest for openness that's unparalleled," said Susan Catron, managing editor of the Ledger-Enquirer. "He fosters that in younger journalists and readers. He has a unique sense of clarity on these issues, and is always willing to share."

Across the vastness of South Georgia, victories in freedom of information often have been like that, yielding both success and disappointment. Our city-by-city compilation of them follows, based on the nine sources listed at the end of this document in alphabetical order.

ADEL

The police were very cooperative with the Georgia Open Government Survey and permitted inspection of the previous day's incident reports, 1999.

The Cook County sheriff said most of the department’s cases still are open, and denied inspection of records, 1999.

 AMERICUS

Asking verbally doesn’t diminish an open-records request, Howard v. Sumter Free Press Inc. The sheriff had contended he need only comply with "bona-fide written requests," 2000.

Exempt home addresses and phone numbers of Revenue Dept. employees, House Bill 1437 co-sponsored by Rep. Jimmy Skipper of Americus, 2004.

AUGUSTA

The names, salaries and job titles of public hospital employees are public records, Richmond County Hospital Authority v. Southeastern Newspapers, 1984.

The meetings of the Augusta-Richmond County Aviation Commission are open. Georgia Attorney General Thurbert Baker's first major letter ruling after he established his Open Government Mediation Program, 1998.

Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans. House Bill 1203 co-sponsored by Rep. Jack Connell of Augusta, 2002.

Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. Senate Bill 113 co-sponsored by Sen. Randy Hall of Augusta, 2003.

BAINBRIDGE

The 911 emergency system incident cards are equivalent to police incident reports, and they must be made open for inspection by the public at reasonable times at the 911 facility where the cards are kept, Bainbridge Post-Searchlight v. Decatur County, Decatur County Superior Court, 1996.

The police department told an open government surveyor that it can't "just print all the records out on its computer," and denied inspection, 1999.

BLAKELY

"You sure can," said the city clerk when an open government surveyor asked if he could see the latest approved meeting minutes, 1999.

CAMILLA

Georgia ratifies the U.S. Bill of Rights 150 years after its enactment by Congress. Georgia's bill was sponsored by Sen. J.E. Brooks of Camilla, 1939.

Exempt home addresses and phone numbers of Revenue Dept. employees, House Bill 1437 co-sponsored by Rep. Richard Royal of Camilla, 2004.

Exempt records maintained by public post-secondary educational institutions and associated foundations of such institutions that contain personal information concerning donors or potential donors, House Bill 340 co-sponsored by Rep. Richard Royal of Camilla, 2005.

CLAXTON

There must be a realistic and tangible threat of legal action for a government entity to invoke attorney-client privilege to close a meeting, Claxton Enterprise v. Evans County Board of Commissioners, 2001.

When there is no substantial justification for closing a meeting, attorney fees must be awarded, Evans County Board of Commissioners v. Claxton Enterprise, 2002.

COLUMBUS

All documents, papers, and records prepared and maintained in the course of the operation of a public officer public records, Houston v. Rutledge, 1976.

Trials and pretrial hearings in criminal cases may not be closed unless there is a clear and present danger to the defendant's right to a fair trial, R.W. Page Corporation v. Lumpkin, 1982.

Muscogee County Schools told an open government surveyor it couldn't locate the superintendent's employment contract,, and he was on leave having surgery, and it denied inspection, 1999.

Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans. House Bill 1203 co-sponsored by Rep. Calvin Smyre of Columbus, 2002.

Exempt home addresses and phone numbers of Revenue Dept. employees, House Bill 1437 co-sponsored by Rep. Tom Buck of Columbus, 2004.

CORDELE

The zoning board intentionally misinformed the public in its printed agenda and its chairman's comments that a meeting was closed, Beck v. Crisp County Zoning Board of Appeals, 1996.

Exempt records maintained by public post-secondary educational institutions and associated foundations of such institutions that contain personal information concerning donors or potential donors, House Bill 340 cosponsored by Rep. Johnny Floyd of Cordele, 2005.

DUBLIN

Laurens County told an open government surveyor that the latest approved meeting minutes could not be found, and denied inspection, 1999.

LYONS

Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed, Senate Bill 257 co-sponsored by Sen. Tommie Williams of Lyons, 2003.

Exempt records of farm-water use by individual farms, Senate Bill 436 co-sponsored by Sen. Tommie Williams of Lyons, 2004.

McRAE

The Telfair County Sheriff ran license and tag checks on a male open government inspector, and told him, "Next time, send a woman," 1999.

MOULTRIE

The Colquitt County Commission was fined for violating Open Meetings Act, 1986.

The police told an open government surveyor it "doesn't give out the records to just anybody who walks in,," and denied inspection, 1999.

Colquitt County told a surveyor it would do its best to find the latest approved meeting minutes, but the clerk would be out for many days. It denied inspection, 1999.

NASHVILLE

An open government surveyor found Berrien County's open-records policy on display at the front desk, and the county permitted inspection, 1999.

PERRY

The Houston County Sheriff told an open government surveyor that it "can't just let anyone" see its records, and denied inspection, 1999.

Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans. House Bill 1203 co-sponsored by Rep. Larry Walker of Perry, 2002.

Exempt state auditor work papers until a final report is released. House Bill 1285 sponsored by Rep. Larry Walker of Perry, 2002.

Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. Senate Bill 113 co-sponsored by Sen. Russ Tolleson of Perry, 2003.

Exempt recreation-program records identifying the names of children 12 or younger. House Bill 1358 co-sponsored by Rep. Larry Walker of Perry, 2004.

REIDSVILLE

Exempt records of farm-water use by individual farms, Senate Bill 436 co-sponsored by Sen. Jack Hill of Reidsville, 2004.

SAVANNAH

All court records are public and are to be available for public inspection unless public access is limited by law or by the procedure set forth in Uniform Supreme Court Rule 21, Atlanta Journal & Atlanta Constitution v. Long et al, 1988.

Regarding confidential settlement documents filed with a discovery motion, the plaintiff's privacy interests outweighed the public's interest in access, Savannah College of Art and Design v. School of Visual Arts Inc ., 1999.

ST. SIMONS ISLAND

Exempt home addresses and phone numbers of Revenue Dept. employees, House Bill 1437 co-sponsored by Rep. Jerry Keen of St. Simons Island, 2004.

SOPERTON

The Treutlen County clerk, visited by an open government surveyor on a Friday and mindful that Georgia had just adopted a three-day rule for responding to open government requests, said to come back next Wednesday for the latest approved meeting minutes, 1999.

TIFTON

Exempt the home address, home telephone number, Social Security number or insurance or medical information about public employees, House Bill 437 sponsored by Rep. Austin Scott of Tifton, 2005.

VALDOSTA

The city clerk was very cooperative with the Georgia Open Government Survey, 1999.

WAYCROSS

Ware County was very cooperative with the Georgia Open Government Survey, and even added minutes from a work session, 1999.

 -- SOURCES FOR THIS WORK --

Attorney General Thurbert Baker's major letter rulings since establishing the Georgia Open Government Mediation Program in 1998;

"Authors of FOI-harming bills this century," research by Tom Bennett;

Georgia Bar Media and Judiciary Conference workbook as of 2004;

Cases we hear media lawyers often cite;

"Georgia FOI Access," the newsletter of the Georgia First Amendment Foundation since 1994;

"Georgia's Sunshine Laws," third edition 2001;

Georgia Open Government Survey of 1999;

"Mass Communications Law in Georgia," by Gregory C. Lisby of Georgia State University, New Forums Press Inc., 1992; and

Weltner Freedom of Information banquets of the Georgia First Amendment Foundation, 2002 to present.