Cobb lawmakers split on Open Records proposal

By Jon Gillooly
Marietta Daily Journal Staff Writer

MARIETTA - Cobb lawmakers are split over a proposal that would make it a felony for anyone who deliberately violates the state's Open Records Act.

Violators are now slapped with a misdemeanor and subject to a $100 fine, said Hollie Manheimer, executive director of the Georgia First Amendment Foundation.

But state Rep. Jill Chambers (R-Atlanta) wants to charge anyone who "willfully and knowingly" violates the Act with a felony and a fine of up to $5,000.

The Atlanta Republican also wants Ms. Manheimer to help her streamline the language of the Open Records Act so it is easier to understand.

The proposal has drawn applause from state Rep. Earl Ehrhart (R-Powder Springs), a man Ms. Chambers' refers to as her mentor.

"I like the idea," said Ehrhart, who chairs the powerful House Rules Committee.

The law presently allows private residents to view and photocopy most government documents, with exceptions to such things as Social Security numbers, medical records, and confidential police and prosecution investigative files..

Rep. Chambers wants to plug some of those exemptions, such as the one that keeps secret how much ground water farmers pull out of the ground.

Rep. Chambers, who serves as chairwoman of MARTOC, a joint House and Senate committee responsible for the oversight of the Metro Atlanta Rapid Transit Authority, said her motivation to tackle the Open Records Act comes from her own struggle to obtain records from MARTA, as well as a recent event that unfolded in a city she represents, when Doraville officials tried to meet in secret to fire their police chief.

"She's been challenged and frustrated and she's good. She's a good legislator," said state Rep. Steve "Thunder" Tumlin (R-Marietta), who supports her goal of streamlining the language of the Act.

Tumlin cited the present controversy in the city of Marietta, where Mayor Bill Dunaway and a majority of the City Council have insisted on buying property largely in secret, rather than in public as the Cobb County government does.

"The courthouse and City Hall are a block away and they're doing it completely different using the same code. There should be consistency," Tumlin said, noting that the city should buy property the way the county does.

Ms. Manheimer said there always is room to improve the Act.

"While there is always room for improvement in the language of the law, any improvements should focus specifically on strengthening the rights of citizens," Ms. Manheimer said. "Both the Open Records and Meetings Acts are the vehicle by which the public monitors its public officials and its decisions, and a better informed public makes better decisions for its community."

Tumlin applauded Rep. Chambers for beginning the conversation on Open Records Act reform, noting he would support raising the fine to $1,000.

He opposes charging first-time violators with a felony, however, and wants Open Records Act complaints to be sent to the State Ethics Commission, which he believes would make it easier for the average resident to file complaints.

Like Tumlin, state Rep. Sharon Cooper (R-Marietta) said she supports clarifying the law for residents to understand, but opposes charging violators with a felony.

"The consequences of having a felony on your record are too far reaching," Rep. Cooper said.

In addition to Ehrhart, state Reps. Bobby Franklin (R-Marietta) and Rich Golick (R-Smyrna) said they support the proposal to charge willful violators with a felony.

State Reps. Don Parsons (R-Marietta) and Ed Setzler (R-Acworth) support adding teeth to the law, but aren't sure about making it a felony.

"Currently, there is little incentive for government agencies to take open records requests seriously - and the result is a lack of true public accountability. Whether or not violations need to be felonies, we will have to look more deeply into - but in principle, I strongly support her efforts," Setzler said.

State Rep. Rob Teilhet (D-Smyrna) said while he supports the felony charge, he is skeptical about where Republican leadership is headed.

"I'd support anything that makes it easier for people to access public documents. State and local government records belong to the public, not the bureaucrats who happen to administer them. With very few exceptions, they should be produced to citizens without undue cost, delay, or aggravation," Teilhet said.

But Teilhet also said he's concerned about the present leadership based on past actions.

"It should be said that the current legislative leadership has tried several times to water down the open records law and make more of our government secret, so I'd like to see the details of the proposal before I commit to support this legislation specifically. I wouldn't be surprised if it's turned into an attempt to weaken, rather than strengthen, the Open Records Act. We need to keep a close eye on this," he said.

Another Cobb Democrat, state Rep. Don Wix (D-Mableton), is equally skeptical.

"As Speaker Richardson would say often when he was Minority Leader before being elected Speaker, 'here we go again using the F word - felony.' Maybe there is room for improvement in the existing legislation, but it sounds to me like another legislative solution looking for a problem to solve," Wix said.

Rep. Chambers said she aims to draft the bill the first week in January.

Spokesmen for Gov. Sonny Perdue, Lt. Gov. Casey Cagle and House Speaker Glenn Richardson say they're waiting to see what the bill looks like before deciding whether to support it.

"We have not taken a position on this issue and are open to considering all sides," Cagle spokeswoman Jaillene Hunter said.

"However, we have a long record of strongly supporting full disclosure of government activities and expenditures of taxpayer dollars. The lieutenant governor would be glad to meet with the press association or individual publishers for further discussions of how we can improve our open records laws."

Reprinted with permission from the Marietta Daily Journal, 11/02/07.