Bill Text: GA HB397 | 2011-2012 | Regular Session | Introduced
Bill Title: State government; open meetings and records; revise provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-04-17 - Effective Date [HB397 Detail]
Download: Georgia-2011-HB397-Introduced.html
12 HB 397/AP
House
Bill 397 (AS PASSED HOUSE AND SENATE)
By:
Representatives Powell of the
171st,
Bearden of the
68th,
Powell of the
29th,
Greene of the
149th,
Baker of the
78th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to comprehensively revise the provisions of law regarding open
meetings and open records; to provide definitions relating to open meetings; to
provide for the manner of closing meetings; to provide for open meetings; to
provide for remedies for improperly closing meetings; to provide for notice of
meetings; to provide for exceptions; to provide for certain privileges; to
provide for sanctions; to provide for related matters; to provide for
legislative intent regarding open records; to provide for definitions relating
to open records; to provide for applicability; to provide for procedures
regarding disclosure and enforcement of disclosure provisions; to provide for
fees and the amount and manner of collection thereof; to provide for exceptions
and exemptions; to provide for sanctions; to provide for related matters; to
conform certain cross references; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising Chapter 14, relating to open and public meetings, as
follows:
"CHAPTER
14
50-14-1.
(a)
As used in this chapter, the term:
(1)
'Agency' means:
(A)
Every state department, agency, board, bureau,
office,
commission, public corporation, and authority;
(B)
Every county, municipal corporation, school district, or other political
subdivision of this state;
- (C)
Every department, agency, board, bureau,
office,
commission, authority, or similar body of each such county, municipal
corporation, or other political subdivision of the state;
(D)
Every city, county, regional, or other authority established pursuant to the
laws of this state; and
(E)
Any nonprofit organization to which there is a direct allocation of tax funds
made by the governing
authority
body
of any agency as defined in this paragraph
and
which
allocation
constitutes more than 33 1/3 percent of the funds from all sources of such
organization; provided, however, that this subparagraph shall not include
hospitals, nursing homes, dispensers of pharmaceutical products, or any other
type organization, person, or firm furnishing medical or health services to a
citizen for which they receive reimbursement from the state whether directly or
indirectly; nor shall this term include a subagency or affiliate of such a
nonprofit organization from or through which the allocation of tax funds is
made.
(2)
'Executive
session' means a portion of a meeting lawfully closed to the
public.
(3)(A)
'Meeting' means
the:
(i)
The gathering of a quorum of the members
of the governing body of an agency
at which any
official business, policy, or public matter of the agency is formulated,
presented, discussed, or voted upon;
or
(ii)
The gathering of a quorum of any committee
of
it's
the
members of the
governing body of an agency or a quorum of any
committee created by
such
the
governing
body,
whether standing or special, pursuant to schedule, call, or notice of or from
such governing body or committee or an authorized member, at a designated time
and place at which any public matter, official business, or policy of the agency
is to be discussed or presented or at which official action is to be taken or,
in the case of a committee, recommendations on any public
matter,
at which
any official business,
or
policy to
the governing body are to
be, or public
matter of the committee is formulated,
presented,
or
discussed, or
voted upon.
(B)
'Meeting' shall not include:
(i)
The
assembling
together
gathering
of a quorum of the members of a governing body or committee for the purpose of
making inspections of physical facilities
or
property under the jurisdiction of such
agency or
for the purposes of meeting with the governing bodies, officers, agents, or
employees of other agencies at places outside the geographical jurisdiction of
an agency and at which no
final
other official
business of the agency is to be discussed
or official action is to be taken
shall not
be deemed a
'meeting.';
(ii)
The gathering of a quorum of the members of a governing body or committee for
the purpose of attending state-wide, multijurisdictional, or regional meetings
to participate in seminars or courses of training on matters related to the
purpose of the agency or to receive or discuss information on matters related to
the purpose of the agency at which no official action is to be taken by the
members;
(iii)
The gathering of a quorum of the members of a governing body or committee for
the purpose of meeting with officials of the legislative or executive branches
of the state or federal government at state or federal offices and at which no
official action is to be taken by the members;
(iv)
The gathering of a quorum of the members of a governing body of an agency for
the purpose of traveling to a meeting or gathering as otherwise authorized by
this subsection so long as no official business, policy, or public matter is
formulated, presented, discussed, or voted upon by the quorum; or
(v)
The gathering of a quorum of the members of a governing body of an agency at
social, ceremonial, civic, or religious events so long as no official business,
policy, or public matter is formulated, presented, discussed, or voted upon by
the quorum.
This
subparagraph's exclusions from the definition of the term 'meeting' shall not
apply if it is shown that the primary purpose of the gathering or gatherings is
to evade or avoid the requirements for conducting a meeting while discussing or
conducting official business.
(b)(1)
Except as otherwise provided by law, all meetings
as defined
in subsection (a) of this Code section
shall be open to the public.
All votes at
any meeting shall be taken in public after due notice of the meeting and
compliance with the posting and agenda requirements of this
chapter.
(2)
Any resolution, rule, regulation, ordinance, or other official action of an
agency adopted, taken, or made at a meeting which is not open to the public as
required by this chapter shall not be binding. Any action contesting a
resolution, rule, regulation, ordinance, or other formal action of an agency
based on an alleged violation of this provision
must
shall
be commenced within 90 days of the date such contested action was
taken,
provided that
or, if the
meeting was held in a manner not permitted by law, within 90 days from the date
the party alleging the violation knew or should have known about the alleged
violation so long as such date is not more than six months after the date the
contested action was taken.
(3)
Notwithstanding the provisions of paragraph (2) of this
subsection, any action under this chapter
contesting a zoning decision of a local governing authority shall be commenced
within the time allowed by law for appeal of such zoning decision.
(c)
The public at all times shall be afforded access to meetings declared open to
the public pursuant to subsection (b) of this Code section.
Visual,
sound, and visual and sound recording
during open meetings shall be permitted.
(d)(1)
Every agency
subject to
this chapter shall prescribe the time,
place, and dates of regular meetings of the agency. Such information shall be
available to the general public and a notice containing such information shall
be posted at
least one week in advance and maintained
in a conspicuous place available to the public at the regular
meeting
place of
the
an
agency or
committee meeting subject to this chapter as well as on the agency's website, if
any. Meetings shall be held in accordance
with a regular schedule, but nothing in this subsection shall preclude an agency
from canceling or postponing any regularly scheduled meeting.
(2)
For any meeting, other than a regularly scheduled meeting of the agency for
which notice has already been provided pursuant to this
chapter,
Whenever
any meeting required to be open to the public is to be held at a time or place
other than at the time and place prescribed for regular meetings, the agency
shall give due notice thereof. 'Due notice' shall be the posting of a written
notice for at least 24 hours at the place of regular meetings and giving
of written or oral notice
shall be
given at least 24 hours in advance of the
meeting to the legal organ in which notices of sheriff's sales are published in
the county where regular meetings are held or at the option of the agency to a
newspaper having a general circulation in
said
such
county at least equal to that of the legal organ; provided, however,
that,
in counties where the legal organ is published less often than four times weekly
'due
notice',
sufficient notice shall be the posting of
a written notice for at least 24 hours at the place of regular meetings and,
upon written request from any local broadcast or print media outlet whose place
of business and physical facilities are located in the county, notice by
telephone
or,
facsimile, or
e-mail to that requesting media outlet at
least 24 hours in advance of the called meeting.
Whenever
notice is given to a legal organ or other newspaper, that publication shall
immediately or as soon as practicable make the information available upon
inquiry to any member of the public. Upon written request from any local
broadcast or print media outlet, a copy of the meeting's agenda shall be
provided by facsimile, e-mail, or mail through a self-addressed, stamped
envelope provided by the requestor.
(3)
When special circumstances occur and are so declared by an agency, that agency
may hold a meeting with less than 24 hours' notice upon giving such notice of
the meeting and subjects expected to be considered at the meeting as is
reasonable under the
circumstances,
including notice to
said
the
county legal organ or a newspaper having a general circulation in the county at
least equal to that of the legal organ, in which event the reason for holding
the meeting within 24 hours and the nature of the notice shall be recorded in
the minutes.
Whenever
notice is given to a legal organ or other newspaper, that publication shall
immediately make the information available upon inquiry to any member of the
public. Any oral notice required or permitted by this subsection may be given
by telephone.
Such
reasonable notice shall also include, upon written request within the previous
calendar year from any local broadcast or print media outlet whose place of
business and physical facilities are located in the county, notice by telephone,
facsimile, or e-mail to that requesting media outlet.
(e)(1)
Prior to any meeting, the agency
or
committee holding such meeting shall make
available an agenda of all matters expected to come before the agency
or
committee at such meeting. The agenda
shall be available upon request and shall be posted at the meeting
site,
as far in advance of the meeting as reasonably possible, but shall not be
required to be available more than two weeks prior to the meeting and shall be
posted, at a minimum, at some time during the two-week period immediately prior
to the meeting. Failure to include on the agenda an item which becomes
necessary to address during the course of a meeting shall not preclude
considering and acting upon such item.
(2)(A)
A summary of the subjects acted on and those members present at a meeting of any
agency shall be written and made available to the public for inspection within
two business days of the adjournment of a meeting
of any
agency.
(B)
The
regular minutes of a meeting
of any
agency
subject to
this chapter shall be promptly recorded
and such records shall be open to public inspection once approved as official by
the agency or
its committee, but in no case later than
immediately following
the
its
next regular meeting
of the
agency; provided, however,
that
nothing contained in this chapter shall prohibit the earlier release of minutes,
whether approved by the agency or not.
Such
Said
minutes shall,
as
at
a minimum, include the names of the members present at the meeting, a
description of each motion or other proposal made,
the identity
of the persons making and seconding the motion or other
proposal, and a record of all votes.
In the case
of a roll-call vote the
The
name of each person voting for or against a proposal shall be recorded
and in all
other cases
it.
It shall be presumed that the action taken
was approved by each person in attendance unless the minutes reflect the name of
the persons voting against the proposal or abstaining.
(C)
Minutes of executive sessions shall also be recorded but shall not be open to
the public. Such minutes shall specify each issue discussed in executive
session by the agency or committee. In the case of executive sessions where
matters subject to the attorney-client privilege are discussed, the fact that an
attorney-client discussion occurred and its subject shall be identified, but the
substance of the discussion need not be recorded and shall not be identified in
the minutes. Such minutes shall be kept and preserved for in camera inspection
by an appropriate court should a dispute arise as to the propriety of any
executive session.
(f)
An agency with state-wide jurisdiction
or committee
of such an agency shall be authorized to
conduct meetings by
telecommunications
conference
teleconference,
provided that any such meeting is conducted in compliance with this
chapter.
(g)
Under circumstances necessitated by emergency conditions involving public safety
or the preservation of property or public services, agencies or committees
thereof not otherwise permitted by subsection (f) of this Code section to
conduct meetings by teleconference may meet by means of teleconference so long
as the notice required by this chapter is provided and means are afforded for
the public to have simultaneous access to the teleconference meeting. On any
other occasion of the meeting of an agency or committee thereof, and so long as
a quorum is present in person, a member may participate by teleconference if
necessary due to reasons of health or absence from the jurisdiction so long as
the other requirements of this chapter are met. Absent emergency conditions or
the written opinion of a physician or other health professional that reasons of
health prevent a member's physical presence, no member shall participate by
teleconference pursuant to this subsection more than twice in one calendar
year.
50-14-2.
This
chapter shall not be construed so as to repeal in any way:
(1)
The attorney-client privilege recognized by state law to the extent that a
meeting otherwise required to be open to the public under this chapter may be
closed in order to consult and meet with legal counsel pertaining to pending or
potential litigation, settlement, claims, administrative proceedings, or other
judicial actions brought or to be brought by or against the agency or any
officer or employee or in which the agency or any officer or employee may be
directly involved; provided, however, the meeting may not be closed for advice
or consultation on whether to close a meeting; and
(2)
Those tax matters which are otherwise made confidential by state
law.
50-14-3.
(a)
This chapter shall not apply to the following:
(1)
Staff meetings held for investigative purposes under duties or responsibilities
imposed by law;
(2)
The deliberations and voting of the State Board of Pardons and Paroles; and in
addition
said
such
board may close a meeting held for the purpose of receiving information or
evidence for or against clemency or in revocation proceedings if it determines
that the receipt of such information or evidence in open meeting would present a
substantial risk of harm or injury to a witness;
(3)
Meetings of the Georgia Bureau of Investigation or any other law enforcement
or
prosecutorial agency in the state,
including grand jury meetings;
(4)
Adoptions and proceedings related thereto;
(5)
Gatherings involving an agency and one or more neutral third parties in
mediation of a dispute between the agency and any other party. In such a
gathering, the neutral party may caucus jointly or independently with the
parties to the mediation to facilitate a resolution to the conflict, and any
such caucus shall not be subject to the requirements of this chapter. Any
decision or resolution agreed to by an agency at any such caucus shall not
become effective until ratified in a public meeting and the terms of any such
decision or resolution are disclosed to the public. Any final settlement
agreement, memorandum of agreement, memorandum of understanding, or other
similar document, however denominated, in which an agency has formally resolved
a claim or dispute shall be subject to the provisions of Article 4 of Chapter 18
of this title;
(6)
Meetings:
(A)
Of any medical staff committee of a public hospital;
(B)
Of the governing authority of a public hospital or any committee thereof when
performing a peer review or medical review function as set forth in Code Section
31-7-15, Articles 6 and 6A of Chapter 7 of Title 31, or under any other
applicable federal or state statute or regulation; and
(C)
Of the governing authority of a public hospital or any committee thereof in
which the granting, restriction, or revocation of staff privileges or the
granting of abortions under state or federal law is discussed, considered, or
voted upon;
(7)
Incidental conversation unrelated to the business of the agency; or
(8)
E-mail communications among members of an agency; provided, however, that such
communications shall be subject to disclosure pursuant to Article 4 of Chapter
18 of this title.
(b)
Subject to compliance with the other provisions of this chapter, executive
sessions shall be permitted for:
(4)(1)
Meetings when any agency is discussing
the future
acquisition of real estate, except that such meetings shall be subject to the
requirements of this chapter for the giving of the notice of such a meeting to
the public and preparing the minutes of such a meeting; provided, however, the
disclosure of such portions of the minutes as would identify real estate to be
acquired may be delayed until such time as the acquisition of the real estate
has been completed, terminated, or abandoned or court proceedings with respect
thereto initiated;
or voting
to:
(A)
Authorize the settlement of any matter which may be properly discussed in
executive session in accordance with paragraph (1) of Code Section
50-14-2;
(B)
Authorize negotiations to purchase, dispose of, or lease property;
(C)
Authorize the ordering of an appraisal related to the acquisition or disposal of
real estate;
(D)
Enter into a contract to purchase, dispose of, or lease property subject to
approval in a subsequent public vote; or
(E)
Enter into an option to purchase, dispose of, or lease real estate subject to
approval in subsequent public vote.
No
vote in executive session to acquire, dispose of, or lease real estate, or to
settle litigation, claims, or administrative proceedings, shall be binding on an
agency until a subsequent vote is taken in an open meeting where the identity of
the property and the terms of the acquisition, disposal, or lease are disclosed
before the vote or where the parties and principal settlement terms are
disclosed before the vote;
(5)
Meetings of the governing authority of a public hospital or any committee
thereof when discussing the granting, restriction, or revocation of staff
privileges or the granting of abortions under state or federal law;
(6)(2)
Meetings when discussing or deliberating upon the appointment, employment,
compensation, hiring, disciplinary action or dismissal, or periodic evaluation
or rating of a public officer or employee
but not
when receiving evidence
or
interviewing applicants for the position of the executive head of an agency.
This exception shall not apply to the receipt of
evidence or
when
hearing argument on
charges
filed to determine
personnel
matters, including whether to impose
disciplinary action or
dismissal
of
dismiss
a public officer or employee
or when
considering or discussing matters of policy regarding the employment or hiring
practices of the agency. The vote on any
matter covered by this paragraph shall be taken in public and minutes of the
meeting as provided in this chapter shall be made available. Meetings by an
agency to discuss or take action on the filling of a vacancy in the membership
of the agency itself shall at all times be open to the public as provided in
this chapter;
(7)
Adoptions and proceedings related thereto;
(8)(3)
Meetings of the board of trustees or the investment committee of any public
retirement system created by
or subject
to Title 47 when such board or committee
is discussing matters pertaining to investment securities trading or investment
portfolio positions and composition; and
(9)(4)
Portions of meetings during which that portion of a record
made
Meetings
when discussing any records that are
exempt from public inspection or disclosure pursuant to
paragraph
(15) of subsection (a) of Code Section 50-18-72, when discussing any information
a record of which would be exempt from public inspection or disclosure under
said paragraph, or when reviewing or discussing any security plan under
consideration pursuant to paragraph (10) of subsection (a) of Code Section
15-16-10
Article 4 of
Chapter 18 of this title is to be considered by an agency and there are no
reasonable means by which the agency can consider the record without disclosing
the exempt portions if the meeting were not
closed.
50-14-4.
(a)
When any meeting of an agency is closed to the public pursuant to any provision
of this chapter, the specific reasons for such closure shall be entered upon the
official minutes, the meeting shall not be closed to the public except by a
majority vote of a quorum present for the meeting, the minutes shall reflect the
names of the members present and the names of those voting for closure, and that
part of the minutes shall be made available to the public as any other minutes.
Where a meeting of an agency is devoted in part to matters within the exceptions
provided by law, any portion of the meeting not subject to any such exception,
privilege, or confidentiality shall be open to the public, and the minutes of
such portions not subject to any such exception shall be taken, recorded, and
open to public inspection as provided in subsection (e) of Code Section
50-14-1.
(b)(1)
When any meeting of an agency is closed to the public pursuant to subsection (a)
of this Code section, the
chairperson
or other person presiding over such
meeting or, if
the agency's policy so provides, each member of the governing body of the agency
attending such meeting, shall execute and
file with the official minutes of the meeting a notarized affidavit stating
under oath that the subject matter of the meeting or the closed portion thereof
was devoted to matters within the exceptions provided by law and identifying the
specific relevant exception.
(2)
In the event that one or more persons in an executive session initiates a
discussion that is not authorized pursuant to Code Section 50-14-3, the
presiding officer shall immediately rule the discussion out of order and all
present shall cease the questioned conversation. If one or more persons
continue or attempt to continue the discussion after being ruled out of order,
the presiding officer shall immediately adjourn the executive
session.
50-14-5.
(a)
The superior courts of this state shall have jurisdiction to enforce compliance
with the provisions of this chapter, including the power to grant injunctions or
other equitable relief. In addition to any action that may be brought by any
person, firm, corporation, or other entity, the Attorney General shall have
authority to bring enforcement actions, either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this
chapter.
(b)
In any action brought to enforce the provisions of this chapter in which the
court determines that an agency acted without substantial justification in not
complying with this chapter, the court shall, unless it finds that special
circumstances exist, assess in favor of the complaining party reasonable
attorney's fees and other litigation costs reasonably incurred. Whether the
position of the complaining party was substantially justified shall be
determined on the basis of the record as a whole which is made in the proceeding
for which fees and other expenses are sought.
(c)
Any agency or person who provides access to information in good faith reliance
on the requirements of this chapter shall not be liable in any action on account
of having provided access to such information.
50-14-6.
Any
person knowingly and willfully conducting or participating in a meeting in
violation of this chapter shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed
$500.00
$1,000.00.
Alternatively, a civil penalty may be imposed by the court in any civil action
brought pursuant to this chapter against any person who negligently violates the
terms of this chapter in an amount not to exceed $1,000.00 for the first
violation. A civil penalty or criminal fine not to exceed $2,500.00 per
violation may be imposed for each additional violation that the violator commits
within a 12 month period from the date that the first penalty or fine was
imposed. It shall be a defense to any criminal action under this Code section
that a person has acted in good faith in his or her
actions."
SECTION
2.
Said
title is further amended by revising Article 4 of Chapter 18, relating to
inspection of public records, as follows:
"ARTICLE
4
50-18-70.
(a)
The General Assembly finds and declares that the strong public policy of this
state is in favor of open government; that open government is essential to a
free, open, and democratic society; and that public access to public records
should be encouraged to foster confidence in government and so that the public
can evaluate the expenditure of public funds and the efficient and proper
functioning of its institutions. The General Assembly further finds and
declares that there is a strong presumption that public records should be made
available for public inspection without delay. This article shall be broadly
construed to allow the inspection of governmental records. The exceptions set
forth in this article, together with any other exception located elsewhere in
the Code, shall be interpreted narrowly to exclude only those portions of
records addressed by such exception.
(a)(b)
As used in this article, the
term:
(1)
'Agency' shall have the same meaning as in Code Section 50-14-1 and shall
additionally include any association, corporation, or other similar organization
that has a membership or ownership body composed primarily of counties,
municipal corporations, or school districts of this state, their officers, or
any combination thereof and derives more than 33 1/3 percent of its general
operating budget from payments from such political subdivisions.
(2)
'Public record' means
'public
record' shall mean all documents, papers,
letters, maps, books, tapes, photographs, computer based or generated
information,
data, data
fields, or similar material prepared and
maintained or received
by an agency
or by a private person or entity in the performance of a service or function for
or on behalf of an agency or when such documents have been transferred to a
private person or entity by an agency for storage or future governmental
use.
in the
course of the operation of a public office or agency. 'Public record' shall also
mean such items received or maintained by a private person or entity on behalf
of a public office or agency which are not otherwise subject to protection from
disclosure; provided, however, this Code section shall be construed to disallow
an agency's placing or causing such items to be placed in the hands of a private
person or entity for the purpose of avoiding disclosure. Records received or
maintained by a private person, firm, corporation, or other private entity in
the performance of a service or function for or on behalf of an agency, a public
agency, or a public office shall be subject to disclosure to the same extent
that such records would be subject to disclosure if received or maintained by
such agency, public agency, or public office. As used in this article, the term
'agency' or 'public agency' or 'public office' shall have the same meaning and
application as provided for in the definition of the term 'agency' in paragraph
(1) of subsection (a) of Code Section 50-14-1 and shall additionally include any
association, corporation, or other similar organization which: (1) has a
membership or ownership body composed primarily of counties, municipal
corporations, or school districts of this state or their officers or any
combination thereof; and (2) derives a substantial portion of its general
operating budget from payments from such political subdivisions.
(b)
All public records of an agency as defined in subsection (a) of this Code
section, except those which by order of a court of this state or by law are
prohibited or specifically exempted from being open to inspection by the general
public, shall be open for a personal inspection by any citizen of this state at
a reasonable time and place; and those in charge of such records shall not
refuse this privilege to any citizen.
(c)
Any computerized index of a county real estate deed records shall be printed for
purposes of public inspection no less than every 30 days and any correction made
on such index shall be made a part of the printout and shall reflect the time
and date that said index was corrected.
(d)
No public officer or agency shall be required to prepare reports, summaries, or
compilations not in existence at the time of the request.
(e)
In a pending proceeding under Chapter 13 of this title, the 'Georgia
Administrative Procedure Act,' or under any other administrative proceeding
authorized under Georgia law, a party may not access public records pertaining
to the subject of the proceeding pursuant to this article without the prior
approval of the presiding administrative law judge, who shall consider such open
record request in the same manner as any other request for information put forth
by a party in such a proceeding. This subsection shall not apply to any
proceeding under Chapter 13 of this title, relating to the revocation,
suspension, annulment, withdrawal, or denial of a professional education
certificate, as defined in Code Section 20-2-200, or any personnel proceeding
authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of
Title 20.
(f)
The individual in control of such public record or records shall have a
reasonable amount of time to determine whether or not the record or records
requested are subject to access under this article and to permit inspection and
copying. In no event shall this time exceed three business days. Where
responsive records exist but are not available within three business days of the
request, a written description of such records, together with a timetable for
their inspection and copying, shall be provided within that period; provided,
however, that records not subject to inspection under this article need not be
made available for inspection and copying or described other than as required by
subsection (h) of Code Section 50-18-72, and no records need be made available
for inspection or copying if the public officer or agency in control of such
records shall have obtained, within that period of three business days, an order
based on an exception in this article of a superior court of this state staying
or refusing the requested access to such records.
(g)
At the request of the person, firm, corporation, or other entity requesting such
records, records maintained by computer shall be made available where
practicable by electronic means, including Internet access, subject to
reasonable security restrictions preventing access to nonrequested or
nonavailable records.
50-18-71.
(a)
All public
records shall be open for personal inspection and copying, except those which by
order of a court of this state or by law are specifically exempted from
disclosure. Records shall be maintained by agencies to the extent and in the
manner required by Article 5 of this
chapter.
In all
cases where an interested member of the public has a right to inspect or take
extracts or make copies from any public records, instruments, or documents, any
such person shall have the right of access to the records, documents, or
instruments for the purpose of making photographs or reproductions of the same
while in the possession, custody, and control of the lawful custodian thereof,
or his authorized deputy. Such work shall be done under the supervision of the
lawful custodian of the records, who shall have the right to adopt and enforce
reasonable rules governing the work. The work shall be done in the room where
the records, documents, or instruments are kept by law. While the work is in
progress, the custodian may charge the person making the photographs or
reproductions of the records, documents, or instruments at a rate of
compensation to be agreed upon by the person making the photographs and the
custodian for his services or the services of a deputy in supervising the
work.
(b)(1)(A)
Agencies shall produce for inspection all records responsive to a request within
a reasonable amount of time not to exceed three business days of receipt of a
request; provided, however, that nothing in this chapter shall require agencies
to produce records in response to a request if such records did not exist at the
time of the request. In those instances where some, but not all, records are
available within three business days, an agency shall make available within that
period those records that can be located and produced. In any instance where
records are unavailable within three business days of receipt of the request,
and responsive records exist, the agency shall, within such time period, provide
the requester with a description of such records and a timeline for when the
records will be available for inspection or copying and provide the responsive
records or access thereto as soon as
practicable.
Where fees
for certified copies or other copies or records are specifically authorized or
otherwise prescribed by law, such specific fee shall apply.
(B)
A request made pursuant to this article may be made to the custodian of a public
record orally or in writing. An agency may, but shall not be obligated to,
require that all written requests be made upon the responder's choice of one of
the following: the agency's director, chairperson, or chief executive officer,
however denominated; the senior official at any satellite office of an agency; a
clerk specifically designated by an agency as the custodian of agency records;
or a duly designated open records officer of an agency; provided, however, that
the absence or unavailability of the designated agency officer or employee shall
not be permitted to delay the agency's response. At the time of inspection, any
person may make photographic copies or other electronic reproductions of the
records using suitable portable devices brought to the place of inspection.
Notwithstanding any other provision of this chapter, an agency may, in its
discretion, provide copies of a record in lieu of providing access to the record
when portions of the record contain confidential information that must be
redacted.
(2)
Any agency that designates one or more open records officers upon whom requests
for inspection or copying of records may be delivered shall make such
designation in writing and shall immediately provide notice to any person upon
request, orally or in writing, of those open records officers. If the agency
has elected to designate an open records officer, the agency shall so notify the
legal organ of the county in which the agency's principal offices reside and, if
the agency has a website, shall also prominently display such designation on the
agency's website. In the event an agency requires that requests be made upon
the individuals identified in subparagraph (B) of paragraph (1) of this
subsection, the three-day period for response to a written request shall not
begin to run until the request is made in writing upon such individuals. An
agency shall permit receipt of written requests by e-mail or facsimile
transmission in addition to any other methods of transmission approved by the
agency, provided such agency uses e-mail or facsimile in the normal course of
its business.
(3)
The enforcement provisions of Code Sections 50-18-73 and 50-18-74 shall be
available only to enforce compliance and punish noncompliance when a written
request is made consistent with this subsection and shall not be available when
such request is made orally.
(c)(1)
An agency may impose a reasonable charge for the search, retrieval, redaction,
and production or copying costs for the production of records pursuant to this
article. An agency shall utilize the most economical means reasonably
calculated to identify and produce responsive, nonexcluded documents. Where
fees for certified copies or other copies or records are specifically authorized
or otherwise prescribed by law, such specific fee shall apply when certified
copies or other records to which a specific fee may apply are sought. In all
other instances, the charge for the search, retrieval, or redaction of records
shall not exceed the prorated hourly salary of the lowest paid full-time
employee who, in the reasonable 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.
Where no
fee is otherwise provided by law, the agency may charge and collect a uniform
copying fee not to exceed 25¢ per page.
(2)
In addition to a charge for the search, retrieval, or redaction of records, an
agency may charge a fee for the copying of records or data, not to exceed
10¢ per page for letter or legal size documents or, in the case of other
documents, the actual cost of producing the copy. In the case of electronic
records, the agency may charge the actual cost of the media on which the records
or data are produced.
(3)
Whenever any person has requested to inspect or copy a public record and does
not pay the cost for search, retrieval, redaction, or copying of such records
when such charges have been lawfully estimated and agreed to pursuant to this
article, and the agency has incurred the agreed-upon costs to make the records
available, regardless of whether the requester inspects or accepts copies of the
records, the agency shall be authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or assessments by such
agency.
(d)
In any
instance in which an agency is required to or has decided to withhold all or
part of a requested record, the agency shall notify the requester of the
specific legal authority exempting the requested record or records from
disclosure by Code section, subsection, and paragraph within a reasonable amount
of time not to exceed three business days or in the event the search and
retrieval of records is delayed pursuant to this paragraph or pursuant to
subparagraph (b)(1)(A) of this Code section, then no later than three business
days after the records have been retrieved. In any instance in which an agency
will seek costs in excess of $25.00 for responding to a request, the agency
shall notify the requester within a reasonable amount of time not to exceed
three business days and inform the requester of the estimate of the costs, and
the agency may defer search and retrieval of the records until the requester
agrees to pay the estimated costs unless the requester has stated in his or her
request a willingness to pay an amount that exceeds the search and retrieval
costs. In any instance in which the estimated costs for production of the
records exceeds $500.00, an agency may insist on prepayment of the costs prior
to beginning search, retrieval, review, or production of the records. Whenever
any person who has requested to inspect or copy a public record has not paid the
cost for search, retrieval, redaction, or copying of such records when such
charges have been lawfully incurred, an agency may require prepayment for
compliance with all future requests for production of records from that person
until the costs for the prior production of records have been paid or the
dispute regarding payment resolved.
In
addition, a reasonable charge may be collected 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.
(e)
Requests by
civil litigants for records that are sought as part of or for use in any ongoing
civil or administrative litigation against an agency shall be made in writing
and copied to counsel of record for that agency contemporaneously with their
submission to that agency. The agency shall provide, at no cost, duplicate sets
of all records produced in response to the request to counsel of record for that
agency unless the counsel of record for that agency elects not to receive the
records.
An agency
shall utilize the most economical means available for providing copies of public
records.
(f)
As provided in
this subsection, an agency's use of electronic record-keeping systems must not
erode the public's right of access to records under this article. Agencies
shall produce electronic copies of or, if the requester prefers, printouts of
electronic records or data from data base fields that the agency maintains using
the computer programs that the agency has in its possession. An agency shall
not refuse to produce such electronic records, data, or data fields on the
grounds that exporting data or redaction of exempted information will require
inputting range, search, filter, report parameters, or similar commands or
instructions into an agency's computer system so long as such commands or
instructions can be executed using existing computer programs that the agency
uses in the ordinary course of business to access, support, or otherwise manage
the records or data. A requester may request that electronic records, data, or
data fields be produced in the format in which such data or electronic records
are kept by the agency, or in a standard export format such as a flat file
electronic American Standard Code for Information Interchange (ASCII) format, if
the agency's existing computer programs support such an export format. In such
instance, the data or electronic records shall be downloaded in such format onto
suitable electronic media by the agency.
Where
information requested is maintained by computer, an agency may charge the public
its actual cost of a computer disk or tape onto which the information is
transferred and may charge for the administrative time involved as set forth in
subsection (d) of this Code section.
(g)
Requests to
inspect or copy electronic messages, whether in the form of e-mail, text
message, or other format, should contain information about the messages that is
reasonably calculated to allow the recipient of the request to locate the
messages sought, including, if known, the name, title, or office of the specific
person or persons whose electronic messages are sought and, to the extent
possible, the specific data bases to be searched for such
messages.
Whenever
any person has requested one or more copies of a public record and such person
does not pay the copying charges and charges for search, retrieval, or other
direct administrative costs in accordance with the provisions of this Code
section:
(1)
A county or a department, agency, board, bureau, commission, authority, or
similar body of a county is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or assessments owed to the
county;
(2)
A municipal corporation or a department, agency, board, bureau, commission,
authority, or similar body of a municipal corporation is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the municipal corporation;
(3)
A consolidated government or a department, agency, board, bureau, commission,
authority, or similar body of a consolidated government is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the consolidated government;
(4)
A county school board or a department, agency, board, bureau, commission,
authority, or similar body of a county school board is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the county;
(5)
An independent school board or a department, agency, board, bureau, commission,
authority, or similar body of an independent school board is authorized to
collect such charges in any manner authorized by law for the collection of
taxes, fees, or assessments owed to the municipal corporation; and
(6)
A joint or regional authority or instrumentality which serves one or more
counties and one or more municipal corporations, two or more counties, or two or
more municipal corporations is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or assessments owed to the
county if a county is involved with the authority or instrumentality or in any
manner authorized by law for the collection of taxes, fees, or assessments owed
to the municipal corporation if a municipal corporation is involved with the
authority or instrumentality.
This
subsection shall apply whether or not the person requesting the copies has
appeared to receive the copies.
(h)
In lieu of providing separate printouts or copies of records or data, an agency
may provide access to records through a website accessible by the public.
However, if an agency receives a request for data fields, an agency shall not
refuse to provide the responsive data on the grounds that the data is available
in whole or in its constituent parts through a website if the requester seeks
the data in the electronic format in which it is kept. Additionally, if an
agency contracts with a private vendor to collect or maintain public records,
the agency shall ensure that the arrangement does not limit public access to
those records and that the vendor does not impede public record access and
method of delivery as established by the agency or as otherwise provided for in
this Code section.
(i)
Any computerized index of county real estate deed records shall be printed for
purposes of public inspection no less than every 30 days, and any correction
made on such index shall be made a part of the printout and shall reflect the
time and date that such index was corrected.
(j)
No public officer or agency shall be required to prepare new reports, summaries,
or compilations not in existence at the time of the request.
50-18-71.1.
(a)
Notwithstanding any other provision of this article, an exhibit tendered to the
court as evidence in a criminal or civil trial shall not be open to public
inspection without approval of the judge assigned to the case or, if no judge
has been assigned, approval of the chief judge or, if no judge has been
designated chief judge, approval of the judge most senior in length of service
on the court.
(b)
Except as provided in subsection (d) of this Code section, in the event
inspection is not approved by the court, in lieu of inspection of such an
exhibit, the custodian of such an exhibit shall, upon request, provide one or
more of the following representations of the exhibit:
(1)
A photograph;
(2)
A photocopy;
(3)
A facsimile; or
(4)
Another reproduction.
(c)
The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71
shall apply to fees, costs, and charges for providing a photocopy of such an
exhibit. Fees for providing a photograph, facsimile, or other reproduction of
such an exhibit shall not exceed the cost of materials or supplies and a
reasonable charge for time spent producing the photograph, facsimile, or other
reproduction, in accordance with subsections (d) and (e) of Code
Section 50-18-71.
(d)
Any physical evidence that is evidence of a violation of Part 2 of Article 3 of
Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil
trial, shall not be open to public inspection except as provided in subsection
(a) of this Code section. If the judge approves inspection of such physical
evidence, the judge shall designate, in writing, the location where such
physical evidence may be inspected, which location shall be in a facility owned
or operated by an agency of state or local government. If the judge permits
inspection, such property or material shall not be photographed, copied, or
reproduced by any means. Any person who violates the provisions of this
subsection shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than 20 years and by a
fine of not more than $100,000.00, or both.
50-18-71.2.
Any
agency receiving a request for public records shall be required to notify the
party making the request of the estimated cost of the copying, search,
retrieval, and other administrative fees authorized by Code Section 50-18-71 as
a condition of compliance with the provisions of this article prior to
fulfilling the request as a condition for the assessment of any fee; provided,
however, that no new fees other than those directly attributable to providing
access shall be assessed where records are made available by electronic
means.
50-18-72.
(a)
Public disclosure shall not be required for records that are:
(1)
Specifically required by federal statute or regulation to be kept
confidential;
(2)
Medical or veterinary records and similar files, the disclosure of which would
be an invasion of personal privacy;
(3)
Except as otherwise provided by law, records compiled for law enforcement or
prosecution purposes to the extent that production of such records
would
is reasonably
likely to disclose the identity of a
confidential source, disclose confidential investigative or prosecution material
which would endanger the life or physical safety of any person or persons, or
disclose the existence of a confidential surveillance or
investigation;
(4)
Records of law enforcement, prosecution, or regulatory agencies in any pending
investigation or prosecution of criminal or unlawful activity, other than
initial police arrest reports and initial incident reports; provided, however,
that an investigation or prosecution shall no longer be deemed to be pending
when all direct litigation involving
said
such
investigation and prosecution has become final or otherwise
terminated;
and provided, further, that this paragraph shall not apply to records in the
possession of an agency that is the subject of the pending investigation or
prosecution;
(4.1)(5)
Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the
submission of a written statement of need by the requesting
party, such
statement to be provided to the custodian
of records and to set forth the need for the report pursuant to this Code
section; provided, however, that any person or entity whose name or identifying
information is contained in a Georgia Uniform Motor Vehicle Accident Report
shall be entitled, either personally or through a lawyer or other
representative, to receive a copy of such report; and provided, further, that
Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk
for inspection or copying by any person absent a written statement showing the
need for each such report pursuant to the requirements of this Code section.
For the purposes of this subsection, the term 'need' means that the natural
person or legal entity who is requesting in person or by representative to
inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A)
Has a personal, professional, or business connection with a party to the
accident;
(B)
Owns or leases an interest in property allegedly or actually damaged in the
accident;
(C)
Was allegedly or actually injured by the accident;
(D)
Was a witness to the accident;
(E)
Is the actual or alleged insurer of a party to the accident or of property
actually or allegedly damaged by the accident;
(F)
Is a prosecutor or a publicly employed law enforcement officer;
(G)
Is alleged to be liable to another party as a result of the
accident;
(H)
Is an attorney stating that he or she needs the requested reports as part of a
criminal case, or an investigation of a potential claim involving contentions
that a roadway, railroad crossing, or intersection is unsafe;
(I)
Is gathering information as a representative of a news media
organization;
(J)
Is conducting research in the public interest for such purposes as accident
prevention, prevention of injuries or damages in accidents, determination of
fault in an accident or accidents, or other similar purposes; provided, however,
that
this subparagraph
will
shall
apply only to accident reports on accidents that occurred more than 30 days
prior to the request and which shall have the name, street address, telephone
number, and driver's license number redacted; or
(K)
Is a governmental official, entity, or agency, or an authorized agent thereof,
requesting reports for the purpose of carrying out governmental functions or
legitimate governmental duties;
(4.2)(6)
Jury list data, including, but not limited to, persons' names, dates of birth,
addresses, ages, race, gender, telephone numbers, social security numbers, and
when it is available, the person's ethnicity, and other confidential identifying
information that is collected and used by the Council of Superior Court Clerks
of Georgia for creating, compiling, and maintaining state-wide master jury lists
and county master jury lists for the purpose of establishing and maintaining
county jury source lists pursuant to the provisions of Chapter 12 of Title 15;
provided, however, that when ordered by the judge of a court having jurisdiction
over a case in which a challenge to the array of the grand or trial jury has
been filed, the Council of Superior Court Clerks of Georgia or the clerk of the
county board of jury commissioners of any county shall provide data within the
time limit established by the court for the limited purpose of such challenge.
Neither the Council of Superior Court Clerks of Georgia nor the clerk of a
county board of jury commissioners shall be liable for any use or misuse of such
data;
(5)(7)
Records
that
consist
consisting
of confidential evaluations submitted to, or examinations prepared by, a
governmental agency and prepared in connection with the appointment or hiring of
a public officer or employee;
and
records
(8)
Records consisting of material obtained in
investigations related to the suspension, firing, or investigation of complaints
against public officers or employees until ten days after the same has been
presented to the agency or an officer for action or the investigation is
otherwise concluded or terminated, provided that this paragraph shall not be
interpreted to make such investigatory records privileged;
(6)(A)(9)
Real estate appraisals, engineering or feasibility estimates, or other records
made for or by the state or a local agency relative to the acquisition of real
property until such time as the property has been acquired or the proposed
transaction has been terminated or abandoned;
and
(B)(10)
Pending
Engineers'
cost estimates and pending, rejected, or
deferred
sealed
bids or
sealed
proposals and
detailed cost estimates related thereto
until such time as the final award of the contract is
made,
or
the project is terminated or
abandoned.
The provisions of this subparagraph shall apply whether the bid or proposal is
received or prepared by the Department of Transportation pursuant to Article 4
of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of
Title 32, by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or
by a governmental entity pursuant to Article 2 of Chapter 91 of Title
36, or the
agency in possession of the records takes a public vote regarding the sealed bid
or sealed proposal, whichever comes
first;
(7)(11)
Records which
Notwithstanding
any other provision of this article, an agency shall not be required to release
those portions of records which would
identify persons applying for or under consideration for employment or
appointment as executive head of an agency
as that
term is defined in paragraph (1) of subsection (a) of Code Section
50-14-1, or of a unit of the University
System of Georgia; provided, however, that at least 14 calendar days prior to
the meeting at which final action or vote is to be taken on the position
the agency
shall release
of executive
head of an agency or five business days prior to the meeting at which final
action or vote is to be taken on the position of president of a unit of the
University System of Georgia, all
documents
which came
into its possession with respect to as many
as
concerning as
many as three persons under consideration
whom the agency has determined to be the best qualified for the position
and from
among whom the agency intends to fill the
position
shall be
subject to inspection and copying. Prior
to the release of these documents, an agency may allow such a person to decline
being considered further for the position rather than have documents pertaining
to
the
such
person released. In that event, the agency shall release the documents of the
next most qualified person under consideration who does not decline the
position. If an agency has conducted its hiring or appointment process
open to the
public
without
conducting interviews or discussing or deliberating in executive session in a
manner otherwise consistent with Chapter 14 of this
title, it shall not be required to delay
14 days to
take final action on the position. The
agency shall not be required to release such records
with
respect to
of
other applicants or persons under consideration, except at the request of any
such person. Upon request, the hiring agency shall furnish the number of
applicants and the composition of the list by such factors as race and sex. The
agency shall not be allowed to avoid the provisions of this paragraph by the
employment of a private person or agency to assist with the search or
application process;
(8)(12)
Related to the provision of staff services to individual members of the General
Assembly by the Legislative and Congressional Reapportionment Office, the Senate
Research Office, or the House
Budget
and Research Office, provided that this
exception shall not have any application
with
respect to records related to the
provision of staff services to any committee or subcommittee or to any records
which are or have been previously publicly disclosed by or pursuant to the
direction of an individual member of the General Assembly;
(9)(13)
Records that are of historical research value which are given or sold to public
archival institutions, public libraries, or libraries of a unit of the Board of
Regents of the University System of Georgia when the owner or donor of such
records wishes to place restrictions on access to the records. No restriction
on access, however, may extend more than 75 years from the date of donation or
sale. This exemption shall not apply to any records prepared in the course of
the operation of state or local governments of the State of
Georgia;
(10)(14)
Records that contain information from the Department of Natural Resources
inventory and register relating to the location and character of a historic
property or of historic properties as those terms are defined in Code Sections
12-3-50.1 and 12-3-50.2 if the Department of Natural Resources through its
Division of Historic Preservation determines that disclosure will create a
substantial risk of harm, theft, or destruction to the property or properties or
the area or place where the property or properties are located;
(10.1)(15)
Records of farm water use by individual farms as determined by water-measuring
devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided,
however, that compilations of such records for the 52 large watershed basins as
identified by the eight-digit United States Geologic Survey hydrologic code or
an aquifer that do not reveal farm water use by individual farms shall be
subject to disclosure under this article;
(10.2)(16)
Agricultural or food system records, data, or information that are considered by
the
Georgia
Department of Agriculture to be a part of the critical infrastructure, provided
that nothing in this paragraph shall prevent the release of such records, data,
or information to another state or federal agency if the release of such
records, data, or information is necessary to prevent or control disease or to
protect public health, safety, or welfare. As used in this paragraph, the term
'critical infrastructure' shall have the same meaning as in 42 U.S.C.
Section 5195c(e). Such records, data, or information shall be subject to
disclosure only upon the order of a court of competent
jurisdiction;
(10.3)(17)
Records, data, or information collected, recorded, or otherwise obtained that is
deemed confidential by the
Georgia
Department of Agriculture for the purposes of the national animal identification
system, provided that nothing in this paragraph shall prevent the release of
such records, data, or information to another state or federal agency if the
release of such records, data, or information is necessary to prevent or control
disease or to protect public health, safety, or welfare. As used in this
paragraph, the term 'national animal identification program' means a national
program intended to identify animals and track them as they come into contact
with or commingle with animals other than herdmates from their premises of
origin. Such records, data, or information shall be subject to disclosure only
upon the order of a court of competent jurisdiction;
(11)(18)
Records that contain
site
specific
site-specific
information regarding the occurrence of rare species of plants or animals or the
location of sensitive natural habitats on public or private property if the
Department of Natural Resources determines that disclosure will create a
substantial risk of harm, theft, or destruction to the species or habitats or
the area or place where the species or habitats are located; provided, however,
that the owner or owners of private property upon which rare species of plants
or animals occur or upon which sensitive natural habitats are located shall be
entitled to such information pursuant to this article;
(11.1)
An individual's social security number and insurance or medical information in
personnel records, which may be redacted from such records;
(11.2)(19)
Records that
would
reveal the names, home addresses, telephone numbers, security codes, e-mail
addresses, or any other data or information developed, collected, or received by
counties or municipalities in connection with neighborhood watch or public
safety notification programs or with the installation, servicing, maintaining,
operating, selling, or leasing of burglar alarm systems, fire alarm systems, or
other electronic security systems; provided, however, that initial police
reports and initial incident reports shall remain subject to disclosure pursuant
to paragraph (4) of this subsection;
(11.3)(20)(A)
Records that
reveal an
An
individual's social security number, mother's birth name, credit card
information, debit card information, bank account information, account number,
including
a utility account number, password used to
access his or her account, financial data or information,
and
insurance or medical information in all records,
and
unlisted
telephone number if so designated in a public record, personal e-mail address or
cellular telephone number,
if
technically feasible at reasonable cost,
day and month of birth,
which
and
information regarding public utility, television, Internet, or telephone
accounts held by private customers, provided that nonitemized bills showing
amounts owed and amounts paid shall be available. Items exempted by this
subparagraph shall be redacted prior to
disclosure of any record requested pursuant to this article; provided, however,
that such information shall not be redacted from such records if the person or
entity requesting such records requests such information in a writing signed
under oath by such person or a person legally authorized to represent such
entity which states that such person or entity is gathering information as a
representative of a news media organization for use in connection with news
gathering and reporting; and provided, further, that such access shall be
limited to social security numbers and day and month of birth; and provided,
further, that
this
the
news media organization exception
for access
to social security numbers and day and month of birth and the other protected
information set forth in this subparagraph
shall not apply to
teachers,
employees of a public school, or public employees as set forth
in paragraph
(13.1)
(21)
of this subsection.
For
purposes of this subparagraph, the term 'public employee' means any nonelected
employee of the State of Georgia or its agencies, departments, or commissions or
any county or municipality or its agencies, departments, or
commissions.
(B)
This paragraph shall have no application to:
(i)
The disclosure of information contained in the records or papers of any court or
derived therefrom including without limitation records maintained pursuant to
Article 9 of Title 11;
(ii)
The disclosure of information to a court, prosecutor, or publicly employed law
enforcement officer, or authorized agent thereof, seeking records in an official
capacity;
(iii)
The disclosure of information to a public employee of this state, its political
subdivisions, or the United States who is obtaining such information for
administrative purposes, in which case, subject to applicable laws of the United
States, further access to such information shall continue to be subject to the
provisions of this paragraph;
(iv)
The disclosure of information as authorized by the order of a court of competent
jurisdiction upon good cause shown to have access to any or all of such
information upon such conditions as may be set forth in such order;
(v)
The disclosure of information to the individual in respect of whom such
information is maintained, with the authorization thereof, or to an authorized
agent thereof; provided, however, that the agency maintaining such information
shall require proper identification of such individual or such individual's
agent, or proof of authorization, as determined by such agency;
(vi)
The disclosure of the day and month of birth and mother's birth name of a
deceased individual;
(vii)
The disclosure by an agency of credit or payment information in connection with
a request by a consumer reporting agency as that term is defined under the
federal Fair Credit Reporting Act (15 U.S.C. Section 1681, et
seq.);
(viii)
The disclosure by an agency of information in its records in connection with the
agency's discharging or fulfilling of its duties and responsibilities,
including, but not limited to, the collection of debts owed to the agency or
individuals or entities whom the agency assists in the collection of debts owed
to the individual or entity;
(ix)
The disclosure of information necessary to comply with legal or regulatory
requirements or for legitimate law enforcement purposes; or
(x)
The disclosure of the date of birth within criminal records.
(C)
Records and information disseminated pursuant to this paragraph may be used only
by the authorized recipient and only for the authorized purpose. Any person who
obtains records or information pursuant to the provisions of this paragraph and
knowingly and willfully discloses, distributes, or sells such records or
information to an unauthorized recipient or for an unauthorized purpose shall be
guilty of a misdemeanor of a high and aggravated nature and upon conviction
thereof shall be punished as provided in Code Section 17-10-4. Any person
injured thereby shall have a cause of action for invasion of privacy.
Any
prosecution pursuant to this paragraph shall be in accordance with the procedure
in subsection (b) of Code Section 50-18-74.
(D)
In the event that the custodian of public records protected by this paragraph
has good faith reason to believe that a pending request for such records has
been made fraudulently, under false pretenses, or by means of false swearing,
such custodian shall apply to the superior court of the county in which such
records are maintained for a protective order limiting or prohibiting access to
such records.
(E)
This paragraph shall supplement and shall not supplant, overrule, replace, or
otherwise modify or supersede any provision of statute, regulation, or law of
the federal government or of this state as now or hereafter amended or enacted
requiring, restricting, or prohibiting access to the information identified in
subparagraph (A) of this paragraph and shall constitute only a regulation of the
methods of such access where not otherwise provided for, restricted, or
prohibited;
(21)
Records concerning public employees that reveal the public employee's home
address, home telephone number, day and month of birth, social security number,
insurance or medical information, mother's birth name, credit card information,
debit card information, bank account information, account number, utility
account number, password used to access his or her account, financial data or
information other than compensation by a government agency, unlisted telephone
number if so designated in a public record, and the identity of the public
employee's immediate family members or dependents. This paragraph shall not
apply to public records that do not specifically identify public employees or
their jobs, titles, or offices. For the purposes of this paragraph, the term
'public employee' means any officer, employee, or former employee
of:
(A)
The State of Georgia or its agencies, departments, or commissions;
(B)
Any county or municipality or its agencies, departments, or
commissions;
(C)
Other political subdivisions of this state;
(D)
Teachers in public and charter schools and nonpublic schools; or
(E)
Early care and education programs administered through the Department of Early
Care and Learning;
(22)
Records of the Department of Early Care and Learning that contain
the:
(A)
Names of children and day and month of each child's birth;
(B)
Names, addresses, telephone numbers, or e-mail addresses of parents, immediate
family members, and emergency contact persons; or
(C)
Names or other identifying information of individuals who report violations to
the department;
(12)(23)
Public records containing information that would disclose or might lead to the
disclosure of any component in the process used to execute or adopt an
electronic signature, if such disclosure would or might cause the electronic
signature to cease being under the sole control of the person using it. For
purposes of this paragraph, the term 'electronic signature' has the same meaning
as that term is defined in Code Section 10-12-2;
(13)
Records that would reveal the home address or telephone number, social security
number, or insurance or medical information of employees of the Department of
Revenue, law enforcement officers, firefighters as defined in Code Section
25-4-2, judges, emergency medical technicians and paramedics, scientists
employed by the Division of Forensic Sciences of the Georgia Bureau of
Investigation, correctional employees, and prosecutors or identification of
immediate family members or dependents thereof;
(13.1)
Records that reveal the home address, the home telephone number, the e-mail
address, or the social security number of or insurance or medical information
about public employees or teachers and employees of a public school. For the
purposes of this paragraph, the term 'public school' means any school which is
conducted within this state and which is under the authority and supervision of
a duly elected county or independent board of education. Public disclosure
shall also not be required for records that reveal the home address, the home
telephone number, the e-mail address, or the social security number of or
insurance or medical information about employees or teachers of a nonpublic
school;
(13.2)
Records that are kept by the probate court pertaining to guardianships and
conservatorships except as provided in Code Section 29-9-18;
(14)(24)
Records acquired
Acquired
by an agency for the purpose of establishing or implementing, or assisting in
the establishment or implementation of, a carpooling or ridesharing program,
to the
extent such records would reveal the name, home address, employment address,
home telephone number, employment telephone number, or hours of employment of
any individual or would otherwise identify any individual who is participating
in, or who has expressed an interest in participating in, any such program. As
used in this paragraph, the term 'carpooling or ridesharing program' means and
includes
including,
but
is
not limited to, the formation of carpools, vanpools, or buspools, the provision
of transit routes, rideshare research, and the development of other demand
management strategies such as variable working hours and
telecommuting;
(15)(25)(A)
Records,
the disclosure of which would compromise security against sabotage or criminal
or terrorist acts and the nondisclosure of which is necessary for the protection
of life, safety, or public property, which shall be limited to the
following:
(i)
Security plans and vulnerability assessments for any public utility, technology
infrastructure, building, facility, function, or activity in effect at the time
of the request for disclosure or pertaining to a plan or assessment in effect at
such time;
(ii)
Any plan for protection against terrorist or other
attacks,
which plan
that
depends for its effectiveness in whole or in part upon a lack of general public
knowledge of its details;
(iii)
Any document relating to the existence, nature, location, or function of
security devices designed to protect against terrorist or other
attacks,
which devices
that
depend for their effectiveness in whole or in part upon a lack of general public
knowledge;
(iv)
Any plan, blueprint, or other material which if made public could compromise
security against sabotage, criminal, or terroristic acts; and
(v)
Records of any government sponsored programs concerning training relative to
governmental security measures which would identify persons being trained or
instructors or would reveal information described in divisions (i) through (iv)
of this subparagraph.
(B)
In the event of litigation challenging nondisclosure pursuant to this paragraph
by an agency of a document covered by this paragraph, the court may review the
documents in question in camera and may condition, in writing, any disclosure
upon such measures as the court may find to be necessary to protect against
endangerment of life, safety, or public property.
(C)
As used in
divisions
division
(i) and
(iv) of subparagraph (A) of this
paragraph, the term 'activity' means deployment or surveillance strategies,
actions mandated by changes in the federal threat level, motorcades, contingency
plans, proposed or alternative motorcade routes, executive and dignitary
protection, planned responses to criminal or terrorist actions, after-action
reports still in use, proposed or actual plans and responses to bioterrorism,
and proposed or actual plans and responses to requesting and receiving the
National Pharmacy Stockpile;
(16)(26)
Unless the request is made by the accused in a criminal case or by his or her
attorney, public records of an emergency 9-1-1 system, as defined in paragraph
(3) of Code Section 46-5-122, containing information which would reveal the
name, address, or telephone number of a person placing a call to a public safety
answering
point,
which.
Such information may be redacted from such
records if necessary to prevent the disclosure of the identity of a confidential
source, to prevent disclosure of material which would endanger the life or
physical safety of any person or persons, or to prevent the disclosure of the
existence of a confidential surveillance or investigation;
(17)(27)
Records of athletic or recreational programs, available through the state or a
political subdivision of the state, that include information identifying a child
or children 12 years of age or under by name, address, telephone number, or
emergency contact, unless such identifying information has been
redacted;
(18)(28)
Records of the State Road and Tollway Authority which would reveal the financial
accounts or travel history of any individual who is a motorist upon
such
any
toll
project.
Such financial records shall include but not be limited to social security
number, home address, home telephone number, e-mail address, credit or debit
card information, and bank account information but shall not include the user's
name;
(19)(29)
Records maintained by public postsecondary educational institutions in this
state and associated foundations of such institutions that contain personal
information concerning donors or potential donors to such institutions or
foundations; provided, however, that the name of any donor and the amount of
donation made by such donor shall be subject to disclosure if such donor or any
entity in which such donor has a substantial interest transacts business with
the public postsecondary educational institution to which the donation is made
within three years of the date of such donation. As used in this paragraph, the
term 'transact business' means to sell or lease any personal property, real
property, or services on behalf of oneself or on behalf of any third party as an
agent, broker, dealer, or representative in an amount in excess of $10,000.00 in
the aggregate in a calendar
year;
and the term 'substantial interest' means the direct or indirect ownership of
more than 25 percent of the assets or stock of an entity;
(20)(30)
Records of the Metropolitan Atlanta Rapid Transit Authority or of any other
transit system that is connected to that system's
TransCard,
or
SmartCard, or
successor or similar system which would
reveal the financial records or travel history of any individual who is a
purchaser of a
TransCard,
or
SmartCard,
or successor
or similar fare medium. Such financial
records shall include, but not be limited to, social security number, home
address, home telephone number, e-mail address, credit or debit card
information, and bank account information but shall not include the user's
name;
(21)(31)
Building mapping information produced and maintained pursuant to Article 10 of
Chapter 3 of Title 38;
(22)(32)
Notwithstanding the provisions of paragraph (4) of this subsection, any physical
evidence or investigatory materials that are evidence of an alleged violation of
Part 2 of Article 3 of Chapter 12 of Title
16,
which
and
are in the possession, custody, or control of law enforcement, prosecution, or
regulatory agencies;
or
(23)(33)
Records that are expressly exempt from public inspection pursuant to Code
Sections 47-1-14 and
47-7-127.;
(34)
Any trade secrets obtained from a person or business entity that are required by
law, regulation, bid, or request for proposal to be submitted to an agency. An
entity submitting records containing trade secrets that wishes to keep such
records confidential under this paragraph shall submit and attach to the records
an affidavit affirmatively declaring that specific information in the records
constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If
such entity attaches such an affidavit, before producing such records in
response to a request under this article, the agency shall notify the entity of
its intention to produce such records as set forth in this paragraph. If the
agency makes a determination that the specifically identified information does
not in fact constitute a trade secret, it shall notify the entity submitting the
affidavit of its intent to disclose the information within ten days unless
prohibited from doing so by an appropriate court order. In the event the entity
wishes to prevent disclosure of the requested records, the entity may file an
action in superior court to obtain an order that the requested records are trade
secrets exempt from disclosure. The entity filing such action shall serve the
requestor with a copy of its court filing. If the agency makes a determination
that the specifically identified information does constitute a trade secret, the
agency shall withhold the records, and the requester may file an action in
superior court to obtain an order that the requested records are not trade
secrets and are subject to disclosure;
(b)
This article shall not be applicable to:
(1)(35)
Data
Any trade
secrets obtained from a person or business entity which are of a privileged or
confidential nature and required by law to be submitted to a government agency
or to data, records, or information of a
proprietary nature, produced or collected by or for faculty or staff of state
institutions of higher learning, or other governmental agencies, in the conduct
of, or as a result of, study or research on commercial, scientific, technical,
or scholarly issues, whether sponsored by the institution alone or in
conjunction with a governmental body or private concern, where such data,
records, or information has not been publicly released, published, copyrighted,
or patented;
(2)(36)
Any data, records, or information developed, collected, or received by or on
behalf of faculty, staff, employees, or students of an institution of higher
education or any public or private entity supporting or participating in the
activities of an institution of higher education in the conduct of, or as a
result of, study or research on medical, scientific, technical, scholarly, or
artistic issues, whether sponsored by the institution alone or in conjunction
with a governmental body or private entity, until such information is published,
patented, otherwise publicly disseminated, or released to an agency whereupon
the request must be made to the agency. This
subsection
applies
paragraph
shall apply to, but
is
shall
not
be
limited to, information provided by participants in research, research notes and
data, discoveries, research projects, methodologies, protocols, and creative
works;
or
(37)
Any record that would not be subject to disclosure, or the disclosure of which
would jeopardize the receipt of federal funds, under 20 U.S.C.
Section 1232g or its implementing regulations;
(3)(38)
Unless otherwise provided by law,
contract,
bid, or proposal, records consisting of
questions, scoring keys, and other
materials,
constituting a test that derives value from being unknown to the test taker
prior to
administration,
which is to be administered by
an agency,
including, but not limited to, any public school, any unit of the Board of
Regents of the University System of Georgia, any public technical
school, the State Board of Education, the
Office of Student Achievement, the Professional Standards Commission, or a local
school system, if reasonable measures are taken by the owner of the test to
protect security and confidentiality; provided, however, that the State Board of
Education may establish procedures whereby a person may view, but not copy, such
records if viewing will not, in the judgment of the board, affect the result of
administration of such test. These limitations shall not be interpreted by any
court of law to include or otherwise exempt from inspection the records of any
athletic association or other nonprofit entity promoting intercollegiate
athletics.;
(c)(1)
All public records of hospital authorities shall be subject to this article
except for those otherwise excepted by this article or any other provision of
law.
(2)(39)
Records disclosing
All state
officers and employees shall have a privilege to refuse to
disclose the identity or personally
identifiable information of any person participating in research on commercial,
scientific, technical, medical, scholarly, or artistic issues conducted by the
Department of Community Health, the Department of Public Health, the Department
of Behavioral Health and Developmental Disabilities, or a state institution of
higher education whether sponsored by the institution alone or in conjunction
with a governmental body or private
entity.
Personally identifiable information shall mean any information which if
disclosed might reasonably reveal the identity of such person including but not
limited to the person's name, address, and social security number. The identity
of such informant shall not be admissible in evidence in any court of the state
unless the court finds that the identity of the informant already has been
disclosed
otherwise.;
(d)(40)
Any
This
article shall not be applicable to any application submitted to or
any permanent records maintained by a
judge of the probate court pursuant to Code Section 16-11-129, relating to
weapons carry licenses, or pursuant to any other requirement for maintaining
records relative to the possession of
firearms.
This subsection shall not preclude law enforcement agencies from
obtaining,
except to the extent that such records
relating to licensing and possession of firearms
are sought by
law enforcement agencies as provided by
law.;
(e)
This article shall not be construed to repeal:
(1)(41)
Records containing communications subject to
the
The
attorney-client privilege recognized by state law
to the
extent that a record pertains to the requesting or giving of legal advice or the
disclosure of facts concerning or pertaining to pending or potential litigation,
settlement, claims, administrative proceedings, or other judicial actions
brought or to be brought by or against the agency or any officer or employee;
provided, however, attorney-client
information;
provided, however, that this paragraph shall not apply to the factual findings,
but shall apply to the legal conclusions, of an attorney conducting an
investigation on behalf of an agency so long as such investigation does not
pertain to pending or potential litigation, settlement, claims, administrative
proceedings, or other judicial actions brought or to be brought by or against
the agency or any officer or employee; and provided, further, that such
investigations conducted by hospital authorities to ensure compliance with
federal or state law, regulations, or reimbursement policies shall be exempt
from disclosure if such investigations are otherwise subject to the
attorney-client privilege. Attorney-client communications,
however, may be obtained in a proceeding
under Code Section 50-18-73 to prove justification or lack thereof in refusing
disclosure of documents under this Code section provided the judge of the court
in which
said
such
proceeding is pending shall first determine by an in camera examination that
such disclosure would be relevant on that
issue. In
addition, when an agency withholds information subject to this paragraph, any
party authorized to bring a proceeding under Code Section 50-18-73 may request
that the judge of the court in which such proceeding is pending determine by an
in camera examination whether such information was properly
withheld;
(2)(42)
Confidential
The
confidentiality of attorney work
product;
provided, however, that this paragraph shall not apply to the factual findings,
but shall apply to the legal conclusions, of an attorney conducting an
investigation on behalf of an agency so long as such investigation does not
pertain to pending or potential litigation, settlement, claims, administrative
proceedings, or other judicial actions brought or to be brought by or against
the agency or any officer or employee; and provided, further, that such
investigations conducted by hospital authorities to ensure compliance with
federal or state law, regulations, or reimbursement policies shall be exempt
from disclosure if such investigations are otherwise subject to confidentiality
as attorney work product. In addition, when an agency withholds information
subject to this paragraph, any party authorized to bring a proceeding under Code
Section 50-18-73 may request that the judge of the court in which such
proceeding is pending determine by an in camera examination whether such
information was properly withheld;
or
(3)(43)
Records containing
State laws
making certain tax matters
or tax
information that is
confidential.
under state or
federal law;
(f)(1)
As used in this article, the term:
(A)
'Computer program' means a set of instructions, statements, or related data
that, in actual or modified form, is capable of causing a computer or computer
system to perform specified functions.
(B)
'Computer software' means one or more computer programs, existing in any form,
or any associated operational procedures, manuals, or other
documentation.
(2)(44)
Records consisting of
This
article shall not be applicable to any
computer program or computer software used or maintained in the course of
operation of a public office or
agency;
provided, however, that data generated, kept, or received by an agency shall be
subject to inspection and copying as provided in this article;
(45)
Records pertaining to the rating plans, rating systems, underwriting rules,
surveys, inspections, statistical plans, or similar proprietary information used
to provide or administer liability insurance or self-insurance coverage to any
agency;
(46)
Documents maintained by the Department of Economic Development pertaining to an
economic development project until the economic development project is secured
by binding commitment, provided that any such documents shall be disclosed upon
proper request after a binding commitment has been secured or the project has
been terminated. No later than five business days after the Department of
Economic Development secures a binding commitment and the department has
committed the use of state funds from the OneGeorgia Authority or funds from
Regional Economic Business Assistance for the project pursuant to Code Section
50-8-8, or other provisions of law, the Department of Economic Development shall
give notice that a binding commitment has been reached by posting on its website
notice of the project in conjunction with a copy of the Department of Economic
Development's records documenting the bidding commitment made in connection with
the project and the negotiation relating thereto and by publishing notice of the
project and participating parties in the legal organ of each county in which the
economic development project is to be located. As used in this paragraph, the
term 'economic development project' means a plan or proposal to locate a
business, or to expand a business, that would involve an expenditure of more
than $25 million by the business or the hiring of more than 50 employees by the
business; or
(47)
Records related to a training program operated under the authority of Article 3
of Chapter 4 of Title 20 disclosing an economic development project prior to a
binding commitment having been secured, relating to job applicants, or
identifying proprietary hiring practices, training, skills, or other business
methods and practices of a private entity. As used in this paragraph, the term
'economic development project' means a plan or proposal to locate a business, or
to expand a business, that would involve an expenditure of more than $25 million
by the business or the hiring of more than 50 employees by the
business.
(g)(b)
This Code section shall be interpreted narrowly so as to exclude from disclosure
only that portion of a public record to which an exclusion is directly
applicable. It shall be the duty of the agency having custody of a record to
provide all other portions of a record for public inspection or
copying.
(h)
Within the three business days applicable to response to a request for access to
records under this article, the public officer or agency having control of such
record or records, if access to such record or records is denied in whole or in
part, shall specify in writing the specific legal authority exempting such
record or records from disclosure, by Code section, subsection, and paragraph.
No addition to or amendment of such designation shall be permitted thereafter or
in any proceeding to enforce the terms of this article; provided, however, that
such designation may be amended or supplemented one time within five days of
discovery of an error in such designation or within five days of the institution
of an action to enforce this article, whichever is sooner; provided, further,
that the right to amend or supplement based upon discovery of an error may be
exercised on only one occasion. In the event that such designation includes
provisions not relevant to the subject matter of the request, costs and
reasonable attorney's fees may be awarded pursuant to Code Section
50-18-73.
(c)(1)
Notwithstanding any other provision of this article, an exhibit tendered to the
court as evidence in a criminal or civil trial shall not be open to public
inspection without approval of the judge assigned to the case.
(2)
Except as provided in subsection (d) of this Code section, in the event
inspection is not approved by the court, in lieu of inspection of such an
exhibit, the custodian of such an exhibit shall, upon request, provide one or
more of the following:
(A)
A photograph;
(B)
A photocopy;
(C)
A facsimile; or
(D)
Another reproduction.
(3)
The provisions of this article regarding fees for production of a record,
including, but not limited to, subsections (c) and (d) of Code Section 50-18-71,
shall apply to exhibits produced according to this subsection.
(d)
Any physical evidence that is used as an exhibit in a criminal or civil trial to
show or support an alleged violation of Part 2 of Article 3 of Chapter 12 of
Title 16 shall not be open to public inspection except by court order. If the
judge approves inspection of such physical evidence, the judge shall designate,
in writing, the facility owned or operated by an agency of the state or local
government where such physical evidence may be inspected. If the judge permits
inspection, such property or material shall not be photographed, copied, or
reproduced by any means. Any person who violates the provisions of this
subsection shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than 20 years, a fine of
not more than $100,000.00, or both.
50-18-73.
(a)
The superior courts of this state shall have jurisdiction in law and in equity
to entertain actions against persons or agencies having custody of records open
to the public under this article to enforce compliance with the provisions of
this article. Such actions may be brought by any person, firm, corporation, or
other entity. In addition, the Attorney General shall have authority to bring
such
actions,
either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this article
and to seek
either civil or criminal penalties or
both.
(b)
In any action brought to enforce the provisions of this chapter in which the
court determines that either party acted without substantial justification
either in not complying with this chapter or in instituting the litigation, the
court shall, unless it finds that special circumstances exist, assess in favor
of the complaining party reasonable attorney's fees and other litigation costs
reasonably incurred. Whether the position of the complaining party was
substantially justified shall be determined on the basis of the record as a
whole which is made in the proceeding for which fees and other expenses are
sought.
(c)
Any agency or person who provides access to information in good faith reliance
on the requirements of this chapter shall not be liable in any action on account
of having
provided access to such information
such
decision.
50-18-74.
(a)
Any person or
entity knowingly and willfully violating
the provisions of this article by failing or refusing to provide access to
records not subject to exemption from this
article,
or
by knowingly
and willingly failing or refusing to
provide access to such records within the time limits set forth in this
article, or by
knowingly and willingly frustrating or attempting to frustrate the access to
records by intentionally making records difficult to obtain or
review shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine
not to exceed
$1,000.00 for the first violation. Alternatively, a civil penalty may be
imposed by the court in any civil action brought pursuant to this article
against any person who negligently violates the terms of this article in an
amount not to exceed
$100.00
$1,000.00 for
the first violation. A civil penalty or criminal fine not to exceed $2,500.00
per violation may be imposed for each additional violation that the violator
commits within a 12 month period from the date the first penalty or fine was
imposed. It shall be a defense to any criminal action under this Code section
that a person has acted in good faith in his or her actions. In addition,
persons or entities that destroy records for the purpose of preventing their
disclosure under this article may be subject to prosecution under Code Section
45-11-1.
(b)
A prosecution under this Code section may only be commenced by issuance of a
citation in the same manner as an arrest warrant for a peace officer pursuant to
Code Section
17-4-40,
which;
such citation shall be personally served
upon the accused. The defendant shall not be arrested prior to the time of
trial, except that a defendant who fails to appear for arraignment or trial may
thereafter be arrested pursuant to a bench warrant and required to post a bond
for his or her future appearance.
50-18-75.
Communications
between the Office of Legislative Counsel and the following persons shall be
privileged and confidential: members of the General Assembly, the Lieutenant
Governor, and persons acting on behalf of such public officers; and such
communications, and records and work product relating to such communications,
shall not be subject to inspection or disclosure under this article or any other
law or under judicial process; provided, however, that this privilege shall not
apply where it is waived by the affected public officer or officers. The
privilege established under this Code section is in addition to any other
constitutional, statutory, or common law privilege.
50-18-76.
No
form, document, or other written matter which is required by law or rule or
regulation to be filed as a vital record under the provisions of Chapter 10 of
Title 31, which contains information which is exempt from disclosure under Code
Section 31-10-25, and which is temporarily kept or maintained in any file or
with any other documents in the office of the judge or clerk of any court prior
to filing with the Department of Public Health shall be open to inspection by
the general public, even though the other papers or documents in such file may
be open to inspection.
50-18-77.
The
procedures and fees provided for in this article shall not apply to public
records, including records that are exempt from disclosure pursuant to Code
Section 50-18-72, which are requested in writing by a state or federal grand
jury, taxing authority, law enforcement agency, or prosecuting attorney in
conjunction with an ongoing administrative, criminal, or tax investigation. The
lawful custodian shall provide copies of such records to the requesting agency
unless such records are privileged or disclosure to such agencies is
specifically restricted by law."
SECTION
3.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising subsection (c) of Code Section 15-12-11, relating to appointment of
court personnel in certain counties, juror questionnaires, and construction with
other laws, as follows:
"(c)
Juror questionnaires shall be confidential and shall be exempt from public
disclosure pursuant to
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50; provided, however,
that jury questionnaires shall be provided to the court and to the parties at
any stage of the proceedings, including pretrial, trial, appellate, or
post-conviction proceedings, and shall be made a part of the record under seal.
The information disclosed to a party pursuant to this subsection shall only be
used by the parties for purposes of pursuing a claim, defense, or other issue in
the case."
SECTION
4.
Said
title is further amended by revising paragraph (10) of subsection (a) of Code
Section 15-16-10 of the Official Code of Georgia Annotated, relating to
duties of sheriffs, as follows:
"(10)
To develop and implement a comprehensive plan for the security of the county
courthouse and any courthouse annex. Prior to the implementation of any
security plan, the plan shall be submitted to the chief judge of the superior
court of the circuit wherein the courthouse or courthouse annex is located for
review. The chief judge shall have 30 days to review the original or any
subsequent security plan. The chief judge may make modifications to the
original or any subsequent security plan. The sheriff shall provide to the
county governing authority the estimated cost of any security plan and a
schedule for implementation 30 days prior to adoption of any security plan. A
comprehensive plan for courthouse security shall be considered a confidential
matter of public security. Review of a proposed security plan by the governing
authority shall be excluded from the requirements of Code Section 50-14-1
and any
such review shall take place as provided in Code Section
50-14-3. Such security plan shall also be
excluded from public disclosure pursuant to paragraph
(15)
(25)
of subsection (a) of Code Section 50-18-72. The sheriff shall be the official
custodian of the comprehensive courthouse security plan and shall determine who
has access to such plan and any such access and review shall occur in the
sheriff's office or at a meeting of the county governing authority held as
provided in paragraph
(9)
(4) of
subsection (b) of Code Section 50-14-3;
provided, however, that the sheriff shall make the original security plan
available upon request for temporary, exclusive review by any judge whose
courtroom or chambers is located within the courthouse or courthouse annex or by
any commissioner of the county in which the courthouse or courthouse annex is
located. The sheriff shall be responsible to conduct a formal review of the
security plan not less than every four years."
SECTION
5.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising paragraph (2) of subsection (a) of Code Section 20-2-55, relating to
per diem, insurance, and expenses of local board members, as
follows:
"(2)
In any local school system for which no local Act is passed, members of the
local board of education shall, when approved by the local board affected,
receive a per diem of $50.00 for each day of attendance at a meeting, as defined
in paragraph
(2)
(3)
of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for
actual expenses necessarily incurred in connection therewith; provided, however,
that in any independent school system with a full-time equivalent (FTE) program
count of less than 4,000 students for which no local Act is passed, members of
the local board of education may, when approved by the affected local board,
receive a per diem of not less than $50.00 and not more than $100.00 for each
day of attendance at a meeting, as defined in paragraph
(2)
(3)
of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for
actual expenses. The accounts for such service and expenses shall be submitted
for approval to the local school superintendent. In all school districts, the
compensation of members of local boards shall be paid only from the local tax
funds available to local boards for educational purposes. This paragraph shall
apply only to local board of education members elected or appointed on or after
July 1, 2010."
SECTION
6.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising subsection (b) of Code Section 31-7-402, relating to content and form
of notice to Attorney General, retention of experts, and payment of costs and
expenses, as follows:
"(b)
The Attorney General may prescribe a form of notice to be utilized by the seller
or lessor and the acquiring entity and may require information in addition to
that specified in this article if the disclosure of such information is
determined by the Attorney General to be in the public interest. The notice to
the Attorney General required by this article and all documents related thereto
shall be considered public records pursuant to
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50."
SECTION
7.
Said
title is further amended by revising subsection (a) of Code Section 31-7-405,
relating to public hearing, expert or consultant required to testify, testimony,
and representative of acquiring entity to testify, as follows:
"(a)
Within 60 days after receipt of the notice under this article, the Attorney
General shall conduct a public hearing regarding the proposed transaction in the
county in which the main campus of the hospital is located. At such hearing,
the Attorney General shall provide an opportunity for those persons in favor of
the transaction, those persons opposed to the transaction, and other interested
persons to be heard. The Attorney General shall also receive written comments
regarding the transaction from any interested person, and such written comments
shall be considered public records pursuant to
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50."
SECTION
8.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (c) of Code Section 33-2-8.1, relating to purpose of Code
section, preparation by Commissioner of supplemental report on property and
casualty insurance, contents of report, and request for information, as
follows:
"(c)
The Commissioner shall investigate every licensed property and casualty insurer
that is designated by the National Association of Insurance Commissioners as
needing immediate or targeted regulatory attention and shall include in his
report the number of such insurers which his investigation confirms are in need
of immediate or targeted regulatory attention and the names of such insurers
which are in formal rehabilitation, liquidation, or conservatorship. The
Commissioner shall obtain from the National Association of Insurance
Commissioners the necessary information to implement this subsection and,
notwithstanding the provisions of
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50, shall withhold
from public inspection any such information received from the National
Association of Insurance Commissioners under an expectation of
confidentiality."
SECTION
9.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising subsection (d) of Code Section 36-76-6, relating to
franchise fees, as follows:
"(d)
The statements made pursuant to subsection (b) of this Code section and any
records or information furnished or disclosed by a cable service provider or
video service provider to an affected local governing authority pursuant to
subsection (c) of this Code section shall be exempt from public inspection under
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50."
SECTION
10.
Code
Section 38-3-152 of the Official Code of Georgia Annotated, relating to creation
and operation of building mapping information system, availability to government
agencies, rules and regulations, federal funding sources, exemption of
information from public disclosure, recommendations for training guidelines, and
limitations, is amended by revising subsection (f) as follows:
"(f)
Information provided to the agency under this article shall be exempt from
public disclosure to the extent provided in paragraph
(21)
(31)
of subsection (a) of Code Section 50-18-72."
SECTION
11
Code
Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of
records of applications for licenses and information on licensees and furnishing
of information, is amended by revising subsection (b) as follows:
"(b)
The records maintained by the department on individual drivers are exempt from
any law of this state requiring that such records be open for public inspection;
provided, however, that initial arrest reports, incident reports, and the
records pertaining to investigations or prosecutions of criminal or unlawful
activity shall be subject to disclosure pursuant to paragraph (4) of subsection
(a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor
Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph
(4.1)
(5)
of subsection (a) of Code Section 50-18-72. The department shall not make
records or personal information available on any driver except as otherwise
provided in this Code section or as otherwise specifically required by 18 U.S.C.
Section 2721."
SECTION
12.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising paragraph (4) of Code Section 43-34-7,
relating to maintenance of roster by Georgia Composite Medical Board and
confidentiality, as follows:
"(4)
The deliberations of the board with respect to an application, an examination, a
complaint, an investigation, or a disciplinary proceeding, except as may be
contained in official board minutes; provided, however, that such deliberations
may be released only to another state or federal enforcement agency or lawful
licensing authority. Releasing the documents pursuant to this paragraph shall
not subject any otherwise privileged documents to the provisions of
Code
Section 50-18-70
Article 4 of
Chapter 18 of
Title 50."
SECTION
13.
Code
Section 45-6-6 of the Official Code of Georgia Annotated, relating to office
property kept by officers subject to inspection by citizens, is amended by
revising such Code section as follows:
"45-6-6.
All
books, papers, and other office property kept by any public officer under the
laws of this state
shall be
subject to the inspection of all the citizens of this state within office hours
every day except Sundays and holidays
may be copied
or inspected subject to the requirements of Article 4 of Chapter 18 of Title
50."
SECTION
14.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities, is
amended by revising paragraph (13) of subsection (b) of Code Section 46-5-1,
relating to exercise of power of eminent domain by telephone and telegraph
companies; placement of posts and other fixtures; regulation of construction of
fixtures, posts, and wires near railroad tracks; liability of telegraph and
telephone companies for damages; required information; and due compensation, as
follows:
"(13)
The information provided pursuant to paragraph (1) of this subsection and any
records or information furnished or disclosed by a telegraph or telephone
company to an affected municipal authority pursuant to paragraph (12) of this
subsection shall be exempt from public inspection under
Code
Section 50-18-70
Article 4 of
Chapter 18 of Title 50. It shall be the
duty of such telegraph or telephone company to mark all such documents as exempt
from Code
Section 50-18-70, et seq.
Article 4 of
Chapter 18 of Title 50, and the telegraph
or telephone company shall defend, indemnify, and hold harmless any municipal
authority and any municipal officer or employee in any request for, or in any
action seeking, access to such records."
SECTION
15.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising subsection (b) of Code Section 50-1-5, relating to meetings
by teleconference or other similar means, as follows:
"(b)
Nothing in this Code section shall eliminate any otherwise applicable
requirement for giving notice of any meeting. Likewise, nothing in this Code
section shall create a requirement for giving notice of any meeting where it
does not otherwise exist. The notice shall list each location where any member
of the board, body, or committee plans to participate in the meeting if the
meeting is otherwise open to the public; provided, however, it shall not be
grounds to contest any actions of the board, body, or committee as provided in
Code Section 50-14-1 if a member participates from a location other than the
location listed in the notice. At a minimum, the notice shall list one specific
location where the public can participate in the meeting if the meeting is
otherwise open to the public. The notice shall further conform with the
notice
provisions of
'due
notice' as provided in Code Section
50-14-1. Any meeting which is otherwise required by law to be open to the
public shall be open to the public at each location listed in the notice or
where any member of the board, body, or committee participates in the
meeting."
SECTION
16.
Said
title is further amended by revising subsection (c) of Code Section 50-17-22,
relating to the State Financing and Investment Commission, as
follows:
"(c)
Meetings.
The commission shall hold regular meetings as it deems necessary, but, in any
event, not less than one meeting shall be held in each calendar quarter. The
commission shall meet at the call of the chairperson, vice chairperson, or
secretary and treasurer or a majority of the members of the commission.
Meetings of the commission shall be subject to Chapter 14 of this title, and its
records shall be subject to
Code
Sections 50-18-70 and 50-18-71
Article 4 of
Chapter 18 of Title 50. The commission
shall approve the issuance of public debt, as hereinafter provided, adopt and
amend bylaws, and establish salaries and wages of employees of the commission
only upon the affirmative vote of a majority of its members; all other actions
of the commission may be taken upon the affirmative vote of a majority of a
quorum present. A quorum shall consist of a majority of the members of the
commission. If any vote is less than unanimous, the vote shall be recorded in
the minutes of the commission."
SECTION
17.
Said
title is further amended by revising subsection (a) of Code Section 50-29-2,
relating to authority of public agencies that maintain geographic information
systems to contract for the provision of services, fees, and contract
provisions, as follows:
"(a)
Notwithstanding
subsection
(f) of Code Section 50-18-71 or Code Section
50-18-71.2
the provisions
of Article 4 of Chapter 18 of Title 50, a
county or municipality of the State of Georgia, a regional commission, or a
local authority created by local or general law that has created or maintains a
geographic information system in electronic form may contract to distribute,
sell, provide access to, or otherwise market records or information maintained
in such system and may license or establish fees for providing such records or
information or providing access to such system."
SECTION
18.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval, and the provisions of paragraph (47) of
subsection (a) of Code Section 50-18-72 as enacted by this Act shall apply to
any request for public records made prior to the effective date of this Act.
Agencies shall be permitted to assert the provisions of paragraph (47) of
subsection (a) of Code Section 50-18-72 as enacted by this Act as a basis for
withholding documents covered by that paragraph in any pending or subsequently
filed litigation regarding a request that occurred prior to the effective date
of this Act.
SECTION
19.
All
laws and parts of laws in conflict with this Act are repealed.
