Sample Georgia Open Records Request

NOTE: This document is for requesting electronic documents. If you are requesting printed documents, photographs, tape recordings, etc., please use the traditional document request letter. Also, keep a copy of the signed letter you send and any postal receipts, facsimile transmittal confirmation sheets, etc., in case they are needed as an exhibit in a legal action to enforce the Open Records Act.

[YOUR LETTERHEAD]

OPEN RECORDS ACT REQUEST
[DATE GOES HERE]

[AGENCY CONTACT PERSON]
[AGENCY NAME]
[AGENCY STREET ADDRESS]
[AGENCY CITY/STATE/ZIP]

To Whom It May Concern:

This is a public record request for a duplicate copy of your agency's [SPECIFY DATABASE NAME OR DESCRIPTION], with the exception of those fields specifically exempted by Georgia law. I ask that you please include any record layouts/data dictionaries and code sheets necessary to interpret the data.

As you know, the Georgia Open Records Act states computer-based information is subject to the Act and imposes an affirmative requirement that agencies make computer records available where practicable by electronic means including Internet access. Where that is not practicable, an agency may only "charge the public its actual cost of a computer disk or tape onto which the information is transferred." O.C.G.A. §50-18-71(f). However, to avoid such fees I would ask that your agency send me the requested information via e-mail, or place the requested data on its public FTP site for download.

The Act also provides that reasonable charges may be assessed "for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour." O.C.G.A. § 50-18-71(d).

I am prepared to pay reasonable search and retrieval fees if necessary. As you know, advance payment is not required under the Act. O.C.G.A. § 50-18-71(g). Instead, once documents are requested, charges for all costs incurred by your agency can be collected in the same manner as taxes due. O.C.G.A. § 50-18-71(g).

In order to make such a fee request, however, your agency must first notify me of the estimated cost of the copying, search, retrieval and other authorized fees before they are incurred. O.C.G.A. § 50-18-71.2.

If my request is denied in whole or in part, the law requires your agency to justify all deletions by reference to specific exemptions of the Georgia Open Records Act, specifying code section, subsection and paragraph. O.C.G.A. 50-18-72(h). The law also requires you to release all segregable portions of otherwise exempt material. O.C.G.A. § 50-18-72(g).

Also, the Open Records Act sets fines up to $100 for any person who fails to provide a requested public document within three (3) business days, unless there are out-of-the-ordinary extenuating circumstances. O.C.G.A. § 50-18-74. Therefore, I will expect your agency to produce the requested records within the three-day limit or give written reasons why not, and the specific date the records will be available. O.C.G.A. § 50-18-70(f)

Thank you for your assistance. Should your have any questions, please do not hesitate to contact me at [YOUR TELEPHONE PHONE NUMBER] or via email at [YOUR EMAIL ADDRESS].

Best regards,

[YOUR NAME]
[YOUR TITLE]
Fax: [YOUR FAX NUMBER]