EQUAL TIME: Sunshine bill would protect citizens, records custodians

By Jim Grubiak
For The Atlanta Journal-Constitution
Posted 2-14-07

Georgia has one of the most effective sunshine laws in the country. Virtually all meetings of governmental agencies are open to the public and a vast array of government papers, letters, files, tapes, books and other documents can be accessed upon request by citizens. Only those records exempted by the General Assembly can be withheld from the public. For example, Social Security numbers that appear in government records are protected to prevent identity theft.

Upon receiving a records request, a public agency has only three days to respond. Requests can be quite complex or voluminous. Failure to properly respond may subject the records custodian to criminal or civil sanctions no matter how complicated the request.

Given the sheer volume of records available to the public, the complexity of those records and the threat of sanctions, records custodians need help in properly responding to requests. That help is on the way. House Bill 283 introduced by Rep. Mark Hatfield (R-Waycross) proposes an amendment to the open records law that would assist custodians in promptly responding to records requests.

If H.B. 283 is enacted, whenever someone wants copies of public records, he or she would put that request in writing and give it to the proper public agency. Armed with a written request, the records custodian will be in good position to understand the request and promptly retrieve the records sought.

Compare that to an oral request. The requestor may not make himself clear or the custodian could simply misunderstand the request. If done by cellphone, the transmission could break up during the call and distort the request. There is no way to check the government's response to a request since it is not in writing. H.B. 283 would fix that.

The bill's author has included numerous protections for the public:

> Citizens would still be able to get many commonly requested records such as minutes, agendas and summaries of public meetings by making an oral request. Public agencies could expand the list to include other readily available documents.

> Citizens would be able to deliver their requests for records by mail, facsimile, e-mail, courier or in person.

> Each record request made in writing would itself generate a new record documenting the request, providing a way to cross-check compliance and establishing a starting date for the three-day response period.

> Public agencies would be charged with assisting citizens who need help filing requests.

Counties support government in the sunshine. The public and media should strengthen the sunshine laws by supporting H.B. 283.

> Jim Grubiak is general counsel for the Association County Commissioners of Georgia.

This column is solicited to provide another viewpoint to an AJC editorial published today.