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SUMMER 2005 NEWSLETTER Open government in North Georgia; city-by-city history By Tom Bennett Atlanta, July 14, 2005 -- The Georgia Official and Statistical Register having a photo for the first time of of Rep. Roy Barnes of the "33rd District Cobb (Pt.)" portrays a 29-year-old lawmaker with horn-rimmed glasses and a great thatch of black hair. That latter attribute could only have spread envy among all the bald-headed men im the 1977 House of Representatives. It's also clear more than a quarter of a century later that beneath his ample pate stirred the best open-government mind produced so far in Georgia. I've always loved constitutional law and the First Amendment," he said in 2003 when he received the Weltner Freedom of Information Award. In law school at the University of Georgia, Barnes was so attuned to open-government developments that the dean called him "Sunshine Roy." n the legislature, he helped place Title 50 in the code as Senate chairman of the Constitutional Revision Committee of 1983. He also chaired at various times both bodies' judiciary committees; expanded Title 50; and with others, including Attorney David Hudson, wrote much of the state's sunshine law. As governor from 1999 to 2002, Barnes signed laws clarifying the three-day rule for turning over public records; making computer records as open as paper ones; and requiring an affidavit whenever an agency goes into executive session, explaining the legal reason for doing so. He also required records of privatized government functions to be held to the same standard of openness as the rest of government. In his last year of 2002, Gov. Barnes vetoed a bill that would have closed access to 911 emergency center records, and required disclosure of the names of industries receiving tax breaks. Leaving office, he returned to media law. He said he and Hudson were looking for a suit to bring together. Barnes volunteered, and drove his own car, to help lead 2003 workshops on open government in Gainesville and Tifton. These consistently are recalled by Georgia reporters as having been the best workshops on the subject they've ever attended. There at least 155 known exemptions scattered throughout Georgia law. They make a myth of Title 50's alleged completeness as the home of sunshine, or anti-sunshine, law. All of it is a thicket. The code section 50-18-70 has the title "Inspection of public records" and 50-18-72 has the title "When public disclosure not required." However, a citizen better check 50-18-70, too, for many a clause has been added denying access in one way or another. Here is Georgia FOI Access’s first city-by-city compilation of city by city developments. It is based on study of the nine sources listed at the end of this document in alphabetical order. ALPHARETTA Exempt recreation-program records identifying the names of children 12 or younger. Official Code of Georgia. That year's House Bill 1358 co-sponsored by Reps. Charles Martin and Mark Burkhalter of Alpharetta, 2004. ATLANTA Atlanta Constitution Editor Ralph McGill's 43,000-mile world tour for American Society of Newspaper Editors urging nations to open access to news after World War Two, and sparking the question, what about here in Georgia?, 1945. Georgia Open Records Act, Feb. 17, 1959. The General Assembly is exempt from its own sunshine laws, Coggin v. Davey, 1975. Title 50 with much of the sunshine laws is codified into Georgia law, while many exemptions are scattered in other titles, 1981. CNN began beaming news around the world not censored by governments, 1981. Michael Bowers elected Attorney General of Georgia, 1982. City of Atlanta investigative files on child murders are open, but the trial court should have deleted certain information, Napper v. Georgia Television Company, 1987. Cameras may be prohibited from court only if they would violate due process of law or detract from the dignity and decorum of the court, Georgia Television Company v. Napper, 1988. Georgia reporter shield law, 1990. The records of athletically related income of coaches at UGA and Georgia Tech are open, Dooley v. Davidson and The Atlanta Journal and The Atlanta Constitution, 1990. First annual Georgia Bar, Media and Judiciary Conference bringing together lawyers, reporters and judges to air their differences informally, 1990. Internet access to home sales reports, 1990. The records of accreditation of hospitals, public and private, are open, Georgia Hospital Association v. Ledbetter, 1991. City of Atlanta car telephone records are open, Dortch v. The Atlanta Journal and The Atlanta Constitution, 1991. "Public officers are the trustees and servants of the people and are at all times amenable to them." Chief justice Charles L. Weltner in Davis v. City of Macon, 1992. A fee for records is allowed only when the request involves an unusual administrative cost or burden, McFrugal Rental of Riverdale Inc. v. Garr, 1992. "Veggie libel," a law making it illegal to criticize perishable food products. The General Assembly flouts its power to write laws limiting speech, and the votes aren't there to stop it. This remains in the Georgia Code and never has been challenged, 1994. Georgia First Amendment Foundation incorporated, 1994. Atlanta Housing Authority meetings are open, Jersawitz v. Fortson, 1994. Bus driver records are open, Hackworth v. Atlanta Board of Education, 1994. Records of combinations of private hospitals and public housing authorities are open, Northwest Georgia Health Systems Inc. vs Times Journal Inc. But hospitals quickly moved to layer newly formed corporations atop the authorities, rendering them toothless, 1995. General Assembly condemns the misuse of law to chill speech in what has come to be called Strategic Lawsuits Against Public Participation, 1996. Hollie Manheimer named executive director of Georgia First Amendment Foundation, 1996. The Georgia court upholds anti-SLAPP in Providence Construction Company v. Bauer, 1997. Thurbert Baker appointed Attorney General of Georgia and establishes his Open Government Mediation Program, 1998. Roy Barnes elected governor, 1998. On his first day as governor, Roy Barnes writes, ramrods and signs three sweeping reforms -- three-day response for records requests; affidavits are required to justify closing a meeting; and computer records are open the same as paper ones, 1999. The records of the Georgia Amateur Athletic Foundation, the group that successfully bid for Atlanta Olympics, are open, Attorney General Thurbert Baker letter ruling, 1999. Attorney General Thurbert Baker affirms the openness of Georgia Uniform Motor Vehicle Accident Reports, 1999. Georgia Open Government Survey of 316 agencies published by Georgia Associated Press reports these levels of success at being allowed to inspect public documents: City police, 62%; County sheriffs, 50%; City council minutes, 93%; County commission minutes, 89%; School superintendent employment contract, 47%; and university or college daily public crime log, 86%, 1999. At "Transparency in the America" conference at Carter Center; the former president calls for nations to embrace open-government practices, 2000. Exempt the names, home and work addresses, home and work telephone numbers and hours of employment of persons participating in carpooling or ridesharing programs. That year's House Bill 393 co-authored by Rep. Jim Martin of Atlanta, 2001. Inaugural Weltner Freedom of Information Banquet, 2002. Media, law enforcement groups cooperate to write "Blue Book" of Georgia law enforcement open records, 2002. Georgia Technology Authority bid to reclassify all state records, taking most private, is shelved, 2002. Eason Jordan of CNN received the Weltner Freedom of Information Award of the Georgia First Amendment Foundation, 2002. Homeland security exemptions move easily into both U.S. Freedom of Information Act and Georgia sunshine law, creating open-ended secrecy for meetings and records about security. In addition, U.S. Dept. of Homeland Security announces it will seek non-disclosure agreements with first responders -- police, fire, ambulance drivers. Each would agree not to disclose information under their state open records acts, 2003. Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. That year's Senate Bill 113 co-authored by Sam Zamarippa of Atlanta, 2003. Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. That year's Senate Bill 257 co-sponsored by Sen. Liane Levetan of Atlanta, 2003. Georgia Attorney General Thurbert Baker received the Weltner Freedom of Information Award, 2003. Former Gov. Roy Barnes received the Weltner Award, 2004. Chief Justice Norman Fletcher of the Georgia Supreme Court received the Weltner Award, 2005. ATHENS University of Georgia Athletic Association records are open, Macon Telegraph Publishing Company v. Board of Regents, 1986. The language in Houston v. Rutledge defining public records was added to Title 50 as a result of a petition filed by the Athens Observer for the release of a report by paid consultants evaluating the UGA math program, Athens Obsrver Inc. v. Anderson, 1988. Records of the University of Georgia Student Organizational Court are open, Red & Black Publishing Co. v. Board of Regents. It is a national breakthrough in campus transparency, 1993. Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. That year's Senate Bill 113 co-authored by Sen. Brian Kemp of Athens, 2003. Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. That year's Senate Bill 257 co-sponsored by Sen. Brian Kemp of Athens, 2003. AVONDALE ESTATES Exempt the names, home and work addresses, home and work telephone numbers and hours of employment of persons participating in carpooling or ridesharing programs. That year's House Bill 393 co-sponsored by Rep. Karla Lea Drenner of Avondale Estates, 2001. BREMEN Exempt home addresses, home telephone numbers. Social Security numbers, and insurance or medical information about teachers and employees of public schools. That year's House Bill 65 co-sponsored by Rep. Tom Murphy of Bremen, 2001. Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans. That year's House Bill 1203 co-sponsored by Rep. Tom Murphy of Bremen, 2002. CAVE SPRING City Council fined for violating Open Meetings Act, 1996. CLEVELAND 1996 The public has a right to know the terms of a settlement agreement in which a public entity has settled a lawsuit, City of Helen v. White County News, 1996. DECATUR The "Keenan Principle of Georgia Open Government" is voiced by Vernon Keenan, director of the Georgia Bureau of Investigation. "A record is open unless it is specifically exempted from release," 2002. Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. That year's Senate Bill 257 co-sponsored by Sen. David Adelman of Decatur, 2003. DOUGLASVILLE Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. That year's Senate Bill 113 co-sponsored by Sen.William Hamrick of Douglasville, 2003. Exempt records maintained by public post-secondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors. That year's House Bill 340co-sponsored by Rep. Bill Hembree of Douglasville, 2005. FORSYTH Exempt the names, addresses and telephone numbers of 911 emergency systems if it is necessary to prevent the disclosure of the identify of a confidential source. That year's House Bill 246 co-sponsored by Rep. Curtis Jenkins of Forsyth, 2003. GORDON Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans. That year's House Bill 1203 co-sponsored by Rep. Ken Birdsong of Gordon, 2002. Exempt the names, addresses and telephone numbers of 911 emergency systems if it is necessary to prevent the disclosure of the identify of a confidential source. That year's House Bill 246 co-sponsored by Rep. Ken Birdsong of Gordon, 2003. HIRAM Exempt home addresses and phone numbers of Revenue Dept. employees. That year's House Bill 1437 co-authored by Rep. Glenn Richardson of Dallas, 2004. Exempt records maintained by public post-secondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors. That year's House Bill 340 co-sponsored by Rep. Glenn Richardson of Hiram, 2005. JONESBORO "If there is the slightest doubt ... whether a matter can be the subject of a closed meeting, DO NOT CLOSE," Justice Norman S. Fletcher in Steele v. Honea, about the secret meeting to create the Henry County Police Dept., 1991. Cobb County Superior Court is first in state to place records online although eight exemptions are insisted upon by the chief judge, 2000. The Cobb County Superior Court is first in state to place most records online, 1999. Exempt coroners' and medical examiners’ autopsy photos. A court "may condition any disclosure.. as... necessary." That year's Senate Bill 110 co-sponsored by Charlie Tanksley of Marietta, 2002. Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. That year's Senate Bill 257 co-sponsored by Sen. Charlie Tanksley of Marietta, 2003. NEWNAN Exempt recreation-program records identifying the names of children 12 or younger. Official Code of Georgia. That year's House Bill 1358 co-sponsored by Rep. Lynn Westmoreland of Newnan, 2004. PINE MOUNTAIN Exempt records maintained by public post-secondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors. That year's House Bill 340 co-sponsored by Rep. Vance Smith of Pine Mountain, 2005. POWDER SPRINGS Exempt coroners' and medical examiners’ autopsy photos. A court "may condition any disclosure.. as... necessary." That year's Senate Bill 110 co-sponsored by Steve Thompson of Powder Springs, 2002. RIVERDALE A fee for records is allowed only when the request involves an unusual administrative cost or burden, McFrugal Rental of Riverdale Inc. v. Garr, who was the Riverdale city manager,1992. ROME Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. That year's Senate Bill 113 co-sponsored by Sen.Preston Smith of Rome, 2003. ROSWELL Exempt recreation-program records identifying the names of children 12 or younger. Official Code of Georgia. That year's House Bill 1358 co-sponsored by Rep.Tom Campbell of Roswell, 2004. TOCCOA Exempt home addresses, home telephone numbers. Social Security numbers, and insurance or medical information about teachers and employees of public schools. That year's House Bill 65 co-authored by Rep. Rep. Jeanette Jameison of Toccoa, 2001. Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. That year's Senate Bill 257 co-sponsored by Sen. Bill Stephens of Toccoa, 2003. WATKINSVILLE Exempt records maintained by public post-secondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors. That year's House Bill 340 co-sponsored by Rep. Bob Smith of Watkinsville, 2005. -- SOURCES FOR THIS WORK -- Attorney General Thurbert Baker's major letter rulings since establishing the Georgia Open Government Mediation Program in 1998; |
