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36 Cards in this Set
- Front
- Back
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Laws apply to the executive/administrative branch of government, NOT to the
judicial or legislative branches |
3-4 branches of government
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Access to the State Legislature
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Coggin v. Davey (1975)
Murphy v. ACLU (1988) |
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Coggin v. Davey (1975)
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Open meetings statute NOT applicable to the
Georgia General Assembly. (It is applicable to the departments, agencies, boards, bureaus, etc., of this state and its political subdivisions.) |
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Murphy v. ACLU (1988)
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Courts lack jurisdiction to require openness
from committees/subcommittees of the legislature. OPTION: Amendment to the state constitution |
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State Agencies Subject to Open Meetings/Open Records Laws Defined
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IF 1/3 or
more of funding comes from state revenues |
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Open Records on the Federal Level
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The Freedom of Information Act of 1967
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The Freedom of Information Act of 1967
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Applies to EVERY administrative agency, except the President and his immediate staff
Applies to RECORDS, not abstract information, or objects that cannot be reproduced Courts may devise remedies ONLY if an agency has Improperly Withheld Agency records |
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Federal Exemptions (cases)
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EPA v. Mink (1973)
Air Force v. Rose Department of Interior v. Klamath Water Users Protective Association (2001) NASA v. New York Times National Archives v. Favish (2003 John Doe Agency v. John Doe Corp. (1989) Department of Justice v. Reporters Committee (1989) |
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EPA v. Mink (1973)
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Anything that would cause/reasonably be expected to cause identifiable
damage to national security classified material may be withheld |
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Air Force v. Rose (1976)
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Matters related SOLELY to the internal personnel rules and practices of an agency
summaries of hearings re: honor code violations not personnel matters |
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Department of Interior v. Klamath Water Users Protective Association (2001)
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Inter- and intra-agency memos which are not generally available
correspondence between Indian tribes and federal agency is public record |
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NASA v. New York Times (1991
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Personnel and agency files which would cause clearly unwarranted
invasions of personal privacy (e.g., intimate personal details) Challenger tapes not public |
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National Archives v. Favish
(2003) |
suicide pictures of presidential aide not public
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John Doe Agency v. John Doe Corp. (1989)
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Investigative records compiled by law enforcement agencies which would compromise justice
information compiled for other purposes and used in an investigation is not public record |
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Department of Justice v. Reporters Committee (1989)
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requests for criminal history of person not a public record
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Federal Exemptions
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damage to national security => EPA v. Mink (1973) – classified material may
be withheld Matters related SOLELY to the internal personnel rules and practices of an agency => Air Force v. Rose (1976) – summaries of hearings re: honor code violations not personnel matters Information specifically exempted from disclosure by statute — catch-all exemption Trade secrets and confidential commercial or financial information Inter- and intra-agency memos which are not generally available => Department of Interior v. Klamath Water Users Protective Association (2001) Personnel and agency files (e.g., intimate personal details) => NASA v. New York Times (1991) Investigative records compiled by law enforcement agencies which would compromise justice => John Doe Agency v. John Doe Corp. (1989) – information compiled for other purposes and used in an investigation is not public record; Department of Justice v. Reporters Committee (1989) – requests for criminal history of person not a public record Federal agency reports about the condition of banks Geological and geophysical data concerning wells |
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Open Meetings on the Federal Level – Government in the Sunshine Act
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1. Agencies include all those headed by boards of two or more persons named by the
President and confirmed by the Senate A week’s notice required |
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Federal Exemptions for Open Meetings
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National defense or foreign policy matters which are properly classified
Internal agency personnel matters Matters expressly required by statute to be held confidential . Confidential commercial or financial information, and trade secrets . Accusations of criminal activity, or of censure, against a person Matters which if disclosed would be clearly unwarranted invasions of a person’s privacy Law enforcement and criminal investigatory records Bank examiners’ records Matters which if disclosed would generate financial speculation or would frustrate as yet unannounced agency action => Common Cause v. NRC (1982) – disclosure must not allow someone to profit at government expense Matters which involve an agency’s issuance of a subpoena or participation in hearings or other adjudication-related proceedings |
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Open Meetings on the State Level — Georgia Open Meetings Act
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24-hour notice of meetings required, except for emergency meetings which
require “reasonable notice” |
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State Exemptions
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Staff meetings held for investigative purposes, including meetings
with legal counsel which would be protected by attorney/client privilege Deliberations of the state Board of Pardons and Parole Meetings of the Georgia Bureau of Investigation or other state law enforcement agency meetings, including grand jury proceedings Times during meetings of any agency when it is discussing the future acquisition of real estate or inspecting physical facilities Meetings of public hospital authorities, health care facilities, public regulatory agencies, etc., when discussing #1) staff evaluations, #2) abortions, or #3) proprietary information Times when an agency discusses “personnel matters” -- employment, evaluations, compensation, discipline -- except that agency actions that result are open Adoption proceedings Meetings of trustees of Georgia’s public retirement systems when discussing investments . Meetings to discuss any record which would compromise public safety |
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Exemptions required by another statute
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Any action taken at an illegally held/closed meeting is not binding and can be set
aside if challenged within 90 days. Potential for $500 fine |
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Major cases applying Georgia’s statute
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Bryan County Board of Equalization v. Bryan County Board of Tax Assessors (2002)
Decatur County v. Bainbridge Post-Spotlight (2006) |
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Bryan County Board of Equalization v. Bryan County Board of Tax
Assessors (2002 |
– Quasi-judicial functions do not exempt board from holding
public meeting |
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Decatur County v. Bainbridge Post-Spotlight (2006)
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Fashioning a political response to critical grand jury report not a reason to close a meeting
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Open Records on the State Level — Georgia Open Records Act
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Response time/cost — 3 business days @ $.25 per page copied + “reasonable”
search/retrieval fees |
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State Exemptions (Ga)
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Exemptions by court order
Exemptions required by another statute, e.g., the Meredith Emerson Memorial Privacy Act of 2010 (O.C.G.A. 45-16-27, effective May 20, 2010) |
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Exemptions required by another statute, e.g., the Meredith Emerson
Memorial Privacy Act of 2010 (O.C.G.A. 45-16-27, effective May 20, 2010) |
Graphic crime scene images which depict victim’s state of
dismemberment, decapitation or mutilation Balancing test |
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Balancing test
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Public interest in disclosure
Privacy interests of next of kin |
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Exemptions in the Georgia open records statute
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Community security, including investigative/law
enforcement records Commercial competitiveness specifically required by federal government to be confidential Medical or veterinary records which would invade personal privacy. . Law enforcement records which would disclose 1) a confidential source or investigative technique, or endanger the life or physical safety of a person. Law enforcement records may also be kept confidential while 2) the investigation is pending or while the prosecution is on-going. Accident reports, though open to those with a “need” Evaluations of/complaints against public officers and employees Real estate appraisal or acquisition records. Executive search records, except for top 3 finalists 14 days before action taken (e.g., John Palms and the GSU presidency) Records of provision of staff services to legislators Restricted records => 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 Records of the Department of Natural Resources to prevent substantial risk of harm, theft or destruction of property, as well as: Records of water use by individual farms Agricultural or food system records Records relating to the national animal identification program Records identifying sensitive natural habitats, as well as: . Records of an individual’s Social Security number, insurance or medical information Records revealing home addresses, telephone numbers and security codes of those with electronic security systems Personal financial information Components of an electronic signature Personal and medical records of certain non-elected public employees (law enforcement officers, judges, etc.) . Personal and medical records of state government employees, public school employees, and elected officials Probate court records relating to guardianships . Identifying records from car-pooling and ride-sharing arrangements Records which “would compromise” public safety and security . Personal information contained in records of an emergency “911” system which would jeopardize public safety . Records of athletic or recreational programs, especially that which identifies children under age State Road and Tollway Authority records of motorists . Records of post-secondary school donors and potential donors Records of MARTA relating to any individual rider Building floor plan information used by first responders Investigative materials/evidence involving child abuse or pornography Proprietary records of a public retirement system Trade secret or confidential business records which are required by law to be submitted to the government . 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 Information relating to any test or answers administered by the State Board of Education . Certain public hospital authority records which are of a commercial nature and which could be used by hospital competitors to the disadvantage of the hospital Personally identifiable information relating to any person participating in research by the Department of Human Resources or by a state institution of higher education Probate court records relating to licenses to carry/possess firearms Attorney/client relationships protected by privilege and attorney “work product” . “Certain state tax matters” . Computer software used/maintained by state agencies |
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Records required to be open
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. Campus police records, including those at private colleges/universities
Voter registration lists Carnival ride variances Names of convicted sex offenders registered in Georgia Lists of inmates in custody of county sheriffs . Records of the Harbor Pilot Commission |
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Major cases applying Georgia’s statute
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U.S. v. Napper (1989)/Napper v. Georgia Television Co. (1987)
Harris v. Cox Enterprises (1986) Macon Telegraph Publishing Co. v. Board of Regents (1986) Red & Black Publishing Co. v. Board of Regents (1993) Central Atlanta Progress v. Baker (2006) |
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U.S. v. Napper (1989)/Napper v. Georgia Television Co. (1987)
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release
of records of Atlanta child murders investigation; though state case is closed, is federal case on-going? |
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Harris v. Cox Enterprises (1986)
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GBI required to release the report on
its probe of the Georgia State Patrol. “Information reflecting upon an individual’s performance of official duties” not exempt from disclosure |
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Macon Telegraph Publishing Co. v. Board of Regents (1986)
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University system required to release income/asset records of coaches, as well
as University of Georgia Athletic Association |
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Red & Black Publishing Co. v. Board of Regents (1993)
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— Student
judicial court records at University of Georgia must be disclosed because they are subject to Board of Regents |
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Central Atlanta Progress v. Baker (2006)
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Private entities “working on
behalf of public officers or agencies” are public agencies whose records must be open |
