A Timeline of Georgia’s Open Government Laws
Document 333535 | Author: Stefan Ritter | December 2005
Note: Paragraphs below are separated by citation. All open meetings laws and all open records laws are designated OMA and ORA, respectively, regardless of when passed. Laws making OMA/ORA exceptions outside of those Acts are not reviewed here.
1831 1831 Ga. Laws 195, 196 (§ 25) (Act of December 29, 1831, Sec. IV).
· Requires county officers who hold county or State funds to keep books of account, and “[d]uring the legal office hours, all persons shall have access to and a right to inspect the aforementioned books, and to take extracts therefrom, and the person keeping the books shall be entitled to receive twenty-five cents for each inspection” and provides a penalty (a fine of $20 to the person seeking the records) for the failure to provide access.
1863 1863 Ga. Laws 4 (§ 14).
· “All books of any public officer, under the laws of this State, shall be subject to the inspection of all citizens of this State, within office hours, every day except Sundays and holidays.” Act is part of the Civil War codification of Georgia laws , within the “Preliminary Provisions” of those laws; it is generally presumed to be the successor of the 1831 Act, although it broadens the law from county officers’ books of account to “all books of any public officer” and doesn’t provide cost or fine provisions. (See generally the annotations to Code Section through the years as to successor nature of law.)
1868 1868 Ga. Laws 5 (§ 16).
· Same text as above but section number changes to 16. This is the post Civil War codification; section changes because two new sections recognize the supremacy of federal law and secondary nature of Georgia law.
1873 1873 Ga. Laws 5 (§ 14).
· Same text as above with section number back to 14.
1874 Buck & Spencer v. Collins, 51 Ga. 391 (1874). Court clerk has an obligation to make records open to inspection under § 14, but may refuse inspection if reviewing party refuses to pay fee. Reviewing party sought injunction to preclude fees, since it, and not clerk, was going to conduct inspection and copying.
1882 1882 Ga. Laws 9 (§ 14).
· Same text as above.
1895 1985 Ga. Laws 15 (§ 14).
· Same text as above.
1896 Land Title Warranty & Safety-Deposit Co. v. Tanner, 99 Ga. 470 (1896). Court expressly affirms Buck & Spencer, supra. The plaintiff was a successor to a title company granted special privilege, by act of the General Assembly, to make copies without paying a fee. Since this legislation was personal, the successor was not entitled to its benefit.
1910 1910 Ga. Laws 4 (§ 14).
· Same text as above.
1931 Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499 (1931). Court holds that mandamus will not lie to compel a court clerk to collect copying fees and rental fees from a title company occupying space in a court for the purpose of reviewing records. In so doing, the court affirms that court clerks have a duty to allow public inspection of books, including by corporations, under § 14, supra. 173 Ga. at 513. Court distinguishes Buck & Spencer and Land Title Warranty since they involved payment of fees, not an obligation to produce, and overrules Buck & Spencer to the extent it is inconsistent. 173 Ga. at 514.
1932 Atlanta v. Hawkins, 45 Ga. App. 847 (1932). Personal injury parole evidence case where records (or lack thereof) of repairs to water meters were not public records about which extrinsic evidence was admissible. (Case taken out of context in 1971 AG opinion.)
1933 Grizzard v. State Revenue Comm’r, 177 Ga. 845 (1933). A list required by statute to be compiled and sold by the Revenue Commissioner of all the automobile owners in the State was not a “book” within the meaning of § 14. The plaintiffs did not have a right to examine the list free of charge.
1933 Ga. Laws 2195.
· Enactment of Ga. Code Ann. 89-601, providing exactly the same provision as the 1863 law. The law is now, however, part of Chapter 89-6 of the Code (“Books, Papers, and Property”) and no longer a “Preliminary Provision.” This Code Section becomes, verbatim, O.C.G.A. § 45-6-6; see also § 15-6-77 (costs charged by superior court clerks).
1934 Booth v. Mitchell, 179 Ga. 522 (1934). Court clerk had the discretionary right to refuse allow inspection of records for certain purposes. The plaintiffs in this case asserted that no fee was required for the mere inspection of the records. 179 Ga. at 524. Court ignores the fact that Buck & Spencer and Land Title Warranty were expressly limited by Atlanta Title & Trust Co. v. Tidwell, supra.
1959 1959 Ga. Laws 88.
· Open Records Act passed making all “State, county and municipal records . . . open for a personal inspection of any citizen of Georgia at a reasonable time and place . . . .” Ga. Code Ann. § 40-2701. Exception for records prohibited from inspection “by order of a court of this State or by law.” Ga. Code Ann. § 40-2702 provides a right to make photographs of the records, while custodian observes, “at a rate of compensation to be agreed upon.”
1965 1965 Ga. Laws 118.
· Ga. Code Ann. § 23-802 created making “[a]ll meetings of the governing bodies of all municipalities and counties in this State, boards of public instruction, and all other boards, bureaus, authorities or commissions in the State of Georgia, except grand juries, supported wholly or in part by public funds or expending public funds shall be public meetings.” The law provides for executive session after the meetings, with ayes and nays recorded, and makes violation of the law a misdemeanor. [This law became § 36-80-1, and was repealed in 1988 (see below).]
1967 1967 Op. Att’y Gen. 67-340. Civil actions on account, notes and mortgages and garnishments are public records subject to disclosure under Ga. Code Ann. §
23-2701 [O.C.G.A. § 50-18-70] and § 86-601 [O.C.G.A. § 45-6-6].
1967 Op. Att’y Gen. 67-371. Grand jury lists are subject to disclosure under Ga. Code Ann. § 23-2701 [O.C.G.A. § 50-18-70] and § 86-601 [O.C.G.A. § 45-6-6], and may be reviewed, copied and published by third persons.
1967 Ga. Laws 455.
· Ga. Code Ann. § 40-2703 created exempting [1] records required by federal law, and [2] “medical records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing” are open.
1970 1970 Ga. Laws 163.
· Ga. Code Ann. § 40-2703 amended to provide a privilege to State officers and employees not to disclose identities of persons providing medical information contained in Department of Public Health reports.
1971 1971 Op. Att’y Gen. U71-9. Form accident report filed by persons involved in accident was not a “public record” within the meaning of the ORA. All records are not public records; public records are only those that show something written said or done by a public officer.
1972 1972 Ga. Laws 575.
· Open Meetings Act passed making “[a]ll meetings of any State department, agency, board, bureau, commission or political subdivision and the governing authority of [same, with slightly broader language] at which official actions are to be taken” public meetings and open. Ga. Code Ann. 40-3301(a). Subparagraph includes that resolutions, rules, etc., enacted contrary to OMA are not binding, and provides 90 days to make challenge.
· Ga. Code. Ann. 40-3301(b) provides for minutes and their public inspection.
· Ga. Code Ann. 40-3301(c) makes violation of the OMA a misdemeanor.
· Ga. Code Ann. 40-3302(a) through (f) provide OMA exceptions: staff meetings for investigations, deliberations of Pardons and Paroles, law enforcement agency meetings, meetings to discuss acquisition of real estate, meetings of public hospital committees if discussing abortions; and meetings where hiring or discipline of public officers is involved.
· Ga. Code Ann. § 40-3303 preserves the attorney-client privilege [without description] and tax confidentiality.
1973 McLarty v. Board of Regents of the Univ. Sys. of Ga., 231 Ga. 22 (1973). Committee of faculty and students which reviewed allocations student activity fees did not come within the “sunshine laws.” The OMA only applied to meetings at which official action may be taken; it does not apply to meetings for collecting information or rendering advice, but at which there is no authority to make decisions.
1973 Op. Att’y Gen. 73-55. DOT highway construction documents (consisting of summary sheets, computation sheets, daily records, and diaries) were not public records within the meaning of the ORA or Ga. Code Ann. § 89-601 [O.C.G.A. § 45-6-6] because they were not required by law to be kept nor of general public interest. Public records are those intended for public reference.
1974 Baldwin v. Ariail, 232 Ga. 376 (1974). City clerk was required to keep books regarding elections, and they were subject to inspection under Ga. Code Ann. §
89-601 [O.C.G.A. § 45-6-6].
1975 Coggin v. Davey, 233 Ga. 407 (1975). The General Assembly is not subject to the ORA or OMA.
1975 Op. Att’y Gen. U75-92. Police officer’s investigative report was not a “public record” under the ORA. Public records are those made pursuant to a duty to disseminate information to the public or to record official transactions.
1976 Houston v. Rutledge, 237 Ga. 764 (1976). Files created by sheriff’s office were public records since they were created in the ordinary course of business (even though their creation was not required by statute or ordinance). While records of pending investigations normally would not be open, such records generally should be provided when the investigation is concluded. The court would have the courts generally apply a balancing test of the interest in disclosure against non-disclosure.
1976 Op. Att’y Gen. 126. Financial records included in used car dealer license applications are public records; Board could not return them to prevent public inspection. They became public records by the duty that they be kept, not by the fact that they be submitted.
1976 Op. Att’y Gen. U76-43. ORA does not require an agency to make copies, but citizen can make his own copies.
1977 1977 Op. Att’y Gen. 77-56. Personnel files held by school boards contain matters of personal privacy and are not subject to the ORA.
1978 Northside Realty Assoc., Inc. v. Community Relations Comm. of City of Atlanta, 240 Ga. 432 (1978). While citizen need not show a special interest in a document to inspect it, the court follows the balancing test of Houston, supra, and remands. Request might have been denied as overly broad. The burden is on the public officials to show why the records should not be produced.
Griffin-Spalding County Hospital Authority v. Radio Station WKEU, 240 Ga. 444 (1978). Hospital authority subject to ORA. Hospital authority must release the records but has a duty to preserve the confidentiality of material in the records. The manner of preserving this information is left up to the public agency. The trial court erred in ordering that separate forms must be maintained [no duty to create records]. Hospital authority could charge for the reasonable costs of separating out the confidential information.
1978 Op. Att’y Gen. 78-55. State Personnel Board appeals, while they could be closed in some circumstances, were open meetings due to SPB regulation, and the transcripts from the meeting are open records. A personnel file, however, is not part of the public record unless introduced into evidence. A reasonable fee can be charged for providing copies.
1978 Op. Att’y Gen. U78-2. Meetings of a county commission at which no official action may be taken are not open meetings.
1978 1978 Ga. Laws 1364. Ga. Code Ann. 40-3301(a) amended to specifically include housing authorities within the definition of an agency subject to the OMA.
1979 Brown v. Minter, 243 Ga. 397 (1979). Trial court properly applied the balancing test of Houston, supra, and Northside Realty Assoc., supra. Atlanta Police Department records of completed investigations were subject to disclosure, but on-going investigations might properly be withheld. Once it was established that a specific request was made for public records, the public officials bore the burden of justifying non-disclosure.
Worthy v. Paulding County Hospital Authority, 243 Ga. 851 (1979). While hospital authorities are subject to the OMA [by implication] and ORA, the court finds the plaintiff’s challenge to the hospital authority’s action was untimely.
1979 Op. Att’y Gen. 79-25. Judicial branch agencies are not subject to the OMA or ORA. Question came from Board of Court Reporting; opinion relies upon Coggin, supra, and Sams v. Olah, 225 Ga. 497 (1969) (judicial branch is self regulating and not subject to regulation by other branches of government).
1980 Athens Observer, Inc. v. Anderson, 245 Ga. 63 (1980). Report commissioned by dean at UGA to examine math programs was a public record, rejecting claim that only records relating to completed acts or events were public records. The court rejected the view that the report was a personnel file -- and does not address whether personnel files generally would not be open -- or that its release was an invasion of privacy. Court draws balancing test of Houston, supra, Northside Realty Assoc., supra, and Brown, supra, from Ga. Code Ann.’s exception for records not subject to disclosure due to court order.
Doe v. Sears, 245 Ga. 83 (1980). Atlanta Housing Authority subject to ORA (AHA exercises public, governmental functions and expends public funds). Court recognizes a right of privacy in tenants, and that the privacy exemption of the ORA is broader than just medical records. Nonetheless, tenants who were in arrears on rent had waived their right to privacy.
Atchison v. Hospital Auth. of the City of St. Marys, 245 Ga. 494 (1980). Although ORA is limited to citizen’s right to inspect, it does not matter that a citizen is acting on behalf of a non-resident; he still has the right to review and copy the documents. The balancing test was misapplied by the trial court: it turns on the nature of the information/documents sought, not on the prior bad acts of the party seeking the documents.
1980 Op. Att’y Gen. 80-84. Investigative materials of the Georgia Nursing Board were not memorials of final board action and so were not subject to the ORA. In so concluding the AG opinion looks to recent changes in the law -- see 1980 Ga. Laws 1254, below. However, minutes of meetings were specifically open. While the ORA only applies to citizens, a citizen can give records obtained under the ORA to nonresidents.
1980 Op. Att’y Gen. U80-6. The meetings and records of State hospital authorities are subject to the OMA and ORA. This includes, among other things, their minutes and financial documents such as their budget and audited accounts.
1980 Op. Att’y Gen. U80-44. Grand juries, as members of the judicial branch, are not subject to the sunshine laws. Their appointment of school board members also falls within the exception for hiring of officials.
1980 Ga. Laws 1254.
· Ga. Code Ann. 40-3301 amended:
· Ga. Code Ann. 40-3301(a) now defines “agency” [in slightly simpler language];
· Ga. Code Ann. 40-3301(b) defines “public meetings” and requires them to be open, makes actions in violation of OMA not binding and provides for 90 day challenge;
· new Ga. Code Ann. 40-3301(c) preserves right to news media to attend open meetings and make visual and sound recordings;
· Ga. Code Ann. 40-3301(d) provides for minutes and their openness;
· Ga. Code Ann. 40-3301(e) is misdemeanor provision for violation of OMA;
· new Ga. Code Ann. 40-3301(f) provides that “any other law to the contrary notwithstanding, the term 'records' or 'public records' shall be construed to mean those documents and writings which are prepared and kept as written memorials of a final action taken by any such agency.”
1981 1981 Op. Att’y Gen. 81-71. AG affirms prior opinion [77-56] that personnel files are not subject to the ORA, concludes that the privacy exception would not preclude an employee looking at his own files (but that these still might not be “public records” under the terms of the ORA at that time), and that an agency has no obligation to furnish copies but that it is the requestor’s duty to arrange for copying.
1982 1982 Ga. Laws 1789.
· Ga. Code Ann. § 40-2701 becomes § 50-18-70(a).
· § 50-18-70(b) enacted providing 3 business day rule to determine if records are subject to access.
· Ga. Code Ann. § 40-2702 becomes § 50-18-71.
· Ga. Code Ann. § 40-2703 becomes § 50-18-72(a).
· § 50-18-72(b) enacted excepting information related to licensing of firearms.
· § 50-18-73 enacted establishing superior court jurisdiction and right to attorney’s fees and expenses for bringing or defending action, as appropriate.
· § 50-18-74 enacted making willful non-compliance a misdemeanor.