Georgia Public Records

Georgia public records are materials created, maintained, or received by a government agency or a private entity acting on behalf of a government agency. These records play a crucial role in fostering transparency in government and supporting a democratic society. Citizens may examine and copy these records unless specific exemptions apply under a law, court rule, or court order.

The Georgia Open Records Act ensures public scrutiny and access to information held by government bodies at all levels. The OPA mandates that agencies respond to record requests promptly and within a reasonable timeframe.

Are Georgia Records Public?

Yes. Georgia government records are typically regarded as public, and access to such records is determined by the provisions of the Georgia Open Records Act (GORA). This legislation empowers citizens to request, examine, and obtain records created and maintained by government agencies.

Despite Georgia's policy of openness, there are limitations outlined in § 50-18-72 of the Act. Specific types of information are deemed confidential or restricted by law to balance the public's right to know with the need to safeguard privacy and maintain the integrity of specific processes. For instance, records linked to ongoing investigations, medical records, juvenile court records, and personnel files are exempt from public disclosure.

Moreover, specific categories of information, such as trade secrets, proprietary details, and specific legal matters, fall under exemptions, limiting public access to them. National security records and attorney-client information are also subject to restrictions under GORA to uphold broader public interests while respecting legal confidentiality.

Georgia Public Records Act

The Georgia Open Records Act, formerly the Georgia State Public Information Act (PIA), is the legal framework governing public records within the state. This legislation is crafted to uphold transparency, empowering citizens to access and examine records held by various government agencies.

In Georgia, public records come in various forms. They can be maintained at different government levels (state, county, or municipal) or by private groups doing government work. These records can be physical, as in paper or photos, or digital, as in PDFs and other digital storage mediums.

Public records accessible to individuals in Georgia include:

Administrative Records: Budgets, contracts, policies, procedures, reports, audits, minutes, agendas, and correspondence from government agencies.

Legislative Records: Bills, resolutions, amendments, fiscal notes, committee reports, and transcripts of hearings from the Georgia General Assembly

Judicial Records: Court opinions, orders, case information, dockets, calendars, case files, and transcripts of proceedings from Georgia's Supreme Court, Court of Appeals, and trial courts

Election Records: Voter registration lists, campaign finance reports, ballots, and election results from the Georgia Secretary of State and county election boards

Property Records: Deeds, mortgages, liens, plats, tax assessments, and zoning maps from the Georgia Superior Court Clerks' Cooperative Authority and county tax commissioners

Vital Records: Birth certificates, marriage licenses, death certificates, and divorce decrees from the Georgia Department of Public Health and county probate courts

Criminal Records: Arrest records, booking photos, criminal histories, warrants, and inmate records from the Georgia Bureau of Investigation, Department of Corrections, and county law enforcement

Education Records: Enrollment, attendance, grades, test scores, and graduation rates from the Georgia Department of Education and local school districts

Health Records: Inspection reports, complaint investigations, and enforcement actions from the Georgia Department of Community Health and county health departments

Environmental Records: Permits, monitoring data, compliance reports, and enforcement actions from the Georgia Environmental Protection Division and county environmental agencies

How Do I Find Public Records in Georgia

The process for finding public records in Georgia is similar to most local or nationwide searches. Firstly, requesters must determine the specific type of record needed, whether it pertains to government meetings, legal matters, property, or other categories. Once the record type is identified, they must locate the custodian of the record—the person or entity responsible for maintaining and providing access to the records. Different government agencies or departments hold different record types.

Subsequent to finding the custodian, the inquirer must verify the availability of the record and the means of access. Some records may be exempt due to legal restrictions, and the means of access can vary—some records are available online, while others may require an in-person visit or a formal request by mail.

Generally, government agencies have designated offices or departments that handle public record requests. To search for a record, these offices will need clear and specific details about the record being sought. This includes relevant information such as a case number, names, dates, a page number, location or district or any other identifying details that enhance the chances of a successful request.

Record custodians may utilize specific modes of submission for record requests. Some agencies may accept requests through online forms, while others may prefer requests via mail, email, or in person.

Inquirers must also clarify fee structures and payment procedures for obtaining a record. Some agencies may charge fees for copying, processing, or mailing records.

Find Georgia Public Records Free

There are some instances where individuals can access public records in Georgia for free, but this often depends on the mode of access. One example where free access is available is when individuals request to inspect public records in person at the office of the record custodian. The Georgia Open Records Act only allows agencies to charge for public records inspection if the records are stored in an electronic format and the agency has to perform computer processing or data compilation to produce the records. However, individuals may have to pay a fee for copying records, not to exceed the actual cost of producing the records.

Another instance where free access is available is when individuals access public records online through various governmental websites or portals. Some examples of government websites where free access is open include:

Georgia Secretary of State: Public records related to elections, corporations, professional licenses, securities, and charities can be obtained from the SOS website.

Georgia Superior Court Clerks' Cooperative Authority: Offers online access to property records, including deeds, mortgages, liens, tax assessments, and other related documents.

Georgia Department of Juvenile Justice: Allows individuals to access education records, including enrollment, attendance, grades, test scores, and graduation rates.

What Happens if I Am Refused a Public Records Request?

When a requester is denied a public records request in Georgia, they can explore the following options:

Seek a Written Explanation

Ask the government agency to provide a written explanation for the denial, including the specific legal basis for withholding the record. This helps individuals understand the rationale behind the refusal.

Make a More Specific Request

If the denial is due to the request being too broad, vague, or burdensome, individuals can make a more specific request. Identifying the desired record, specifying the format, and indicating the preferred delivery method can enhance the chances of a successful request. The sample open records request letter provided by the Georgia First Amendment Foundation can serve as a helpful template.

Petition a Court for Access

If an agency has improperly withheld or redacted a record, the inquirer can petition a court to subpoena the record. Filing a civil action in the superior court for the county where the record is located initiates a court review. The court will assess whether the record should be disclosed or not. Individuals can also seek an injunction, attorney's fees, and criminal fines for law violations.

File a Complaint with the Open Records Division

If the requester believes that the refusal violates the Georgia Open Records Act, they can file a complaint with the Open Records Division of the Attorney General's Office. This division is equipped to investigate complaints, mediate disputes, issue advisory opinions, and provide training and guidance on the law. Individuals contact the Open Records Division through various channels, including phone, email, or mail.

How Long Does It Take to Obtain a Georgia Public Record?

There is no fixed period for obtaining public records in Georgia, as the time it takes to get a record depends on factors such as the type, volume, complexity, and availability of the record, the mode of access, and the fee involved. However, the Georgia Public Information Act (PIA) outlines some specific timelines for various stages of the process, such as:

The response period for requests: The PIA requires agencies to produce records within a reasonable amount of time; at most, it is 3 business days from receiving a request unless the record is exempted or unavailable. If a record cannot be produced within that time frame, the agency must notify the requester of the delay. The response must specify when the records will be available for review or copying and provide the documents as soon as is practicable.

The notification period for exemptions: The PIA requires agencies to provide the requester with the specific law exempting a requested record from public disclosure within 3 business days of the request. This is unless a court order, federal statute, or regulation exempts the record from disclosure. However, an exempt record can be released for public view subject to a court of competent jurisdiction's order.

The notification period for fees: The PIA allows agencies to assess a reasonable fee for the search, retrieval, redaction, or copying of records, not to exceed the actual cost of producing the documents. The custodian must provide the requester with an estimate of the fee before fulfilling the request. The requester may be required to pay the fee in advance or upon receipt of the record.

The appeal period for denials: The PIA does not provide a specific timeline for the public records request appeal process—appeals for requests can be filed with the respective county's superior court (where the request was made) at any time. However, inquirers must appeal promptly as delays further complicate the process.