Open Records & Meetings

1. Open Records & Meetings JOUR3060 Communication Law & Regulation

2. OPEN RECORDS, OPEN MEETINGS LAWS • apply to the Executive / Administrative Branch of the government • NOT the judicial or legislative branches, court records or meetings • state agencies subject to open meetings statute if 1/3 or more funding comes from state revenues • Georgia: open meeting statute NOT applicable to Georgia General Assembly • but still applicable to the departments, agencies, boards, bureaus, etc.

3. FREEDOM OF INFORMATION ACT (FOIA) • Signed into law by President Lyndon B. Johnson • Access to Federal Level records • applies to EVERY administrative agency • EXCEPT the President and their immediate staff • Courts may devise remedies if agency has: improperly withheld agency records • Federal Exemptions (9)

4. FOIA Federal Exemptions • 1. Anything that would cause/reasonably be expected to cause identifiable damage to national security (ex: classified material) • 2. Matters related SOLELY to the internal personnel rules and practices of an agency • 3. Information specifically exempted from disclosure by statute (catch-all) • 4. Trade secrets and confidential commercial or financial information which would cause substantial harm to a company’s competitive position • 5. Inter/Intra agency memos which are generally not available • 6. Personnel and agency files which would cause clearly unwarranted invasions of personal privacy • 7. Investigative records compiled by law enforcement agencies which would compromise justice (ex: criminal history not public record) • 8. Federal Agency Reports about the conditions of federally-regulated financial institutions • 9. Geological and geophysical data concerning wells

5. Government in the Sunshine Act • Enacted by Congress in September 1976 • Access to Federal meetings • Affects agencies lead by boards of 2+ persons, named by the President and confirmed by the State • Ex: Federal government, Congress, Federal Commissions • One week’s notice of meeting required • Federal Exemptions (10)

6. Government in the Sunshine ActFederal Exemptions • 1. National defense or foreign policy matters which are properly classified • 2. Internal agency personnel matters • 3. Matters expressly required by statute to be held confidential • 4. Confidential commercial or financial information, and trade secrets • 5. Accusations of criminal activity, or of censure, against a person • 6. Matters which if disclosed would be clearly unwarranted invasions of a person’s privacy • 7. Law enforcement and criminal investigatory records • 8. Bank examiners’ records • 9. Matters which if disclosed would generate financial speculation or would frustrate as yet unannounced agency action • 10. Matters which involve an agency’s issuance of a subpoena or participation in hearings or other adjudication-related proceedings

7. Georgia Open Meetings Act • Access to meetings at the state level • 24-hour notice of meetings required • except for emergency meetings, which require “reasonable” notice • Any action taken at an illegally held/closed meeting: • not binding • can be “set aside” if challenged within 90 days • potential for $500 fine • State Exemptions (9)

8. Georgia Open Meetings ActState Exemptions • 1. Staff meetings held for investigative purposes, including meetings with legal counsel which would be protected by attorney/client privilege • 2. Deliberations of the state Board of Pardons and Parole • 3. Meetings of the Georgia Bureau of Investigation or other state law enforcement agency meetings, including grand jury proceedings • 4. Times during meetings of any agency when it is discussing the future acquisition of real estate or inspecting physical facilities • 5. Meetings of public hospital authorities, health care facilities, public regulatory agencies, etc., when discussing a) staff evaluations, b) abortions, or c) proprietary information • 6. Times when an agency discusses “personnel matters” (ex: employment, evaluations, compensation, discipline) • 7. Adoption proceedings • 8. Meetings of trustees of Georgia’s public retirement systems when discussing investments • 9. Meetings to discuss any record which would compromise public safety

9. Georgia Open Records Act • Access to “public” records on the state level • public records: documents or pieces of information that are not categorized as confidential • State has 3 business days to respond • cost: $0.10/page copied, plus “reasonable” search and retrieval fees • State Exemptions: • Exemptions by court order • Exemptions required by another statute (balance of public vs. private interest) • Exemptions Listed in Georgia Open Records Statute: • Types: Community security, commercial competitiveness, personal privacy • Specific Exemptions (50)

10. Georgia Open Records ActSpecific State Exemptions (50) • 1. Records specifically required by federal government to be confidential • 2. Medical or veterinary records which would invade personal privacy • 3. Law enforcement records which would disclose a confidential source or investigative technique, or endanger the life or physical safety of a person • 4. Law enforcement records may also be kept confidential while the investigation is pending or while the prosecution is on-going • 5. Accident reports, though open to those with a “need” • 6. Jury list data • 7. Evaluations made in connection with hiring/appointment of public officers and employees • 8. Complaints made against public officers/employees • 9. Real estate appraisal or acquisition records

11. Georgia Open Records ActSpecific State Exemptions (50) • 10. Sealed bids/detailed cost estimates until contract made or project terminated or abandoned • 11. Executive search records, except for top 3 finalists revealed 14 days before action taken, 5 days for college presidents • 12. Records of provision of staff services to legislators • 13. Records that are of historical research value that are granted to academic libraries, public libraries or public archives can be restricted for up to 75 years • 14. Records of the Department of Natural Resources to prevent substantial risk of harm, theft or destruction of property • 15. Records of water use by individual farms • 16. Agricultural or food system records • 17. Records relating to the national animal identification program • 18. Records identifying sensitive natural habitats • 19. Electronic security system codes and identifying information

12. Georgia Open Records ActSpecific State Exemptions (50) • 20. Records of an individual’s Social Security number, mother’s birth name, insurance or medical information • 21. Records revealing home addresses, telephone numbers, etc., of public employees • 22. Identifying records of children in the Department of Early Care & Learning • 23. Components of an electronic signature • 24. Identifying records from car-pooling and ride-sharing arrangements • 25. Records which “would compromise” public safety and security • 26. Personal information contained in records of an emergency “911” system which would jeopardize public safety • 27. Records of athletic or recreational programs, especially that which identifies children under age 12 • 28. State Road and Tollway Authority records of motorists • 29. Records of post-secondary school donors and potential donors

13. Georgia Open Records ActSpecific State Exemptions (50) • 30. Records of MARTA relating to any individual rider • 31. Building floor plan information used by emergency first responders • 32. Investigative materials/evidence involving child abuse or pornography • 33. Proprietary records of a public retirement system • 34. Trade secret or confidential business records which are required by law to be submitted to the government • 35. Research which is of commercial value and which has been conducted by an institution of higher learning or other governmental agency, until it has been published • 36. Information/data provided by participants in scholarly research • 37. Records which, if disclosed, would jeopardize the receipt of federal funds • 38. Information relating to any test or answers administered by the State Board of Education or Board of Regents • 39. Personally identifiable information regarding participants in scholarly research

14. Georgia Open Records ActSpecific State Exemptions (50) • 40. Probate court records relating to licenses to carry/possess firearms • 41. Attorney-client relationships protected by privilege • 42. Confidential attorney “work product” • 43. Confidential tax matters and tax information • 44. Computer software used/maintained by state agencies • 45. Records relating to state agency liability insurance coverage • 46. Department of Economic Development records pertaining to projects under development prior to commitment • 47. Records relating to training programs and hiring practices of economic development projects prior to contractual commitment • 48. Public retirement system proprietary financial records for a limited time • 49. Civil & criminal trial exhibits without approval of judge • 50. Physical trial evidence relating to obscenity and the sexual exploitation of children

15. Georgia Open Records Act • 1. Campus police records, including those at private colleges/universities • 2. Voter registration lists • 3. Carnival ride variances • 4. Names of convicted sex offenders registered in Georgia • 5. Lists of inmates in custody of county sheriffs • 6. Records of the Harbor Pilot Commission

16. Georgia Open Records Cases • Napperv. Georgia Television Co. (1987) records on Atlanta child murders investigation • Harris v. Cox Enterprises (1986) GBI investigation into Georgia State Patrol. • Macon Telegraph Publishing Co. v. Board of Regents (1986) University system’s records on coach assets and income, University of Georgia Athletic Association records • Red & Black Publishing Co. v. Board of Regents (1993) Student judicial court records