Legislature 2007: Panel approves Open Records bill to 'put it in writing'


BYLINE:    JEREMY REDMON

Staff
DATE: March 16, 2007

PUBLICATION: Atlanta Journal-Constitution, The (GA)

EDITION: Main; The Atlanta Journal-Constitution
SECTION: Metro News
PAGE: D4

Government officials could demand that people put their requests for public records in writing under a bill that moved a step closer Thursday to a vote in the House.

Georgia's Open Records Act now allows people to make oral requests for records. House Bill 283, however, would permit government officials to say: "Put it in writing."

Proponents say putting the requests in writing would clarify them and protect government officials who face misdemeanor convictions for inadvertently failing to comply with the law. Supporters say such paper trails could also be used to hold government officials accountable.

"In the interest of fairness to the records providers . . . this bill would simply allow them to know for sure what is being asked for," Rep. Mark Hatfield (R-Waycross) told the House Civil Judiciary Committee before it passed his bill on a party-line, 5-4 vote Thursday.

Opponents say the bill would weaken the state's sunshine laws, throwing up an obstacle for anyone seeking public records. Walking into government buildings and requesting public records is already an intimidating process for average citizens, critics say.

"It is my belief that these records belong to the public," said Rep. Rob Teilhet (D-Smyrna), who voted with three other Democrats on the committee against the bill. "I don't come at this from the posture that these records belong to the government and they can set out a bunch of criteria to decide whether to produce them."

Hatfield said he introduced the bill at the request of the Association of County Commissioners of Georgia. A representative from the association spoke in favor of the bill at Thursday's hearing. The Georgia First Amendment Foundation spoke against it.

The bill does not apply to government meeting agendas and minutes, which would still be subject to oral requests.

And government officials would have to fill out written records requests for people who ask for help under the bill.

At Hatfield's urging, the committee amended his bill to increase the fine for violating the open records law to $500, up from $100.

Committee chairman Wendell Willard (R-Sandy Springs) voted for the bill to break a 4-4 tie between Democrats and Republicans on the panel. The bill now moves to the House Rules Committee, whish sets the agenda for House floor votes. A similar bill died in the House last year.

Reprinted with permission from the Atlanta Journal Constitution, 03/16/2007.

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