Proposal requires most open records requests be written
By Greg Bluestein ASSOCIATED PRESS
ATLANTA - House Republicans unveiled a measure Thursday that would allow officials to demand a written notice for most open records requests, upsetting open government advocates who fear it could make it more difficult for the public to access records.
The proposal would give agencies or officials the power to require that open records requests be submitted in writing for all documents except meeting agendas, summaries, minutes and other records specifically exempted by state law.
State Rep. Mark Hatfield, the Waycross Republican who drafted the proposal, said it's an effort to protect government officials who could face criminal charges and fines of up to $500 for violating the state's sunshine laws.
"If we have these sorts of penalties, it's only fair that they have a clear understanding of what's requested of them," said Hatfield, who introduced similar legislation last year. "It isn't a secrecy issue. It's a matter of fairness to all parties involved in the process."
Opens records advocates said the proposal is unnecessary.
There have only been three or four criminal convictions of open records violators in the more than 30 years since the legislation has been on the books, said Hollie Manheimer of the Georgia First Amendment Foundation.
"Access to public documents - a cornerstone of our democratic society - should be simple and free of impediments," she said. "Requiring individuals to write out their records requests - for records that are the citizen's, not the records custodian's - creates a bar to public access and is completely antithetical to the public's interest."
The House has already unanimously approved a slight change in state law that sponsors said would make it more difficult for government agencies to withhold public documents.
The legislation, sponsors say, is designed to make it more difficult for government agencies to refuse to hand over public documents by simply citing that they are agents of the federal government.
Manheimer, however, said it could ultimately allow government officials to cloak more documents from the public.
Reprinted with permission from The Macon Telegraph. |