Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

MEMORANDUM



To: County Officials



From: Jim Grubiak

General Counsel



Date: April 17, 2012

Subject HB 397 Open Meetings/Records

Effective Immediately





Governor Deal signed HB 397 today. The bill is effective upon signature of the

Governor. As such, it is now in effect.



A copy of a summary of the changes to the open meetings and open records laws

is attached along with a copy of HB 397 as signed by the Governor. There are a

number of requirements that should be taken into account immediately.



I. OPEN MEETINGS



Meeting Defined. A covered meeting is a ?gathering? of a quorum of the

commissioners where official business, policy or a public matter is presented,

discussed or voted on.



Emails. Emails between commissioners do no create a meeting, but all are

deemed open records, including emails sent from personal devices that pertain

to county business.



Committees. Committees created by the commissioners are subject to all open

meeting requirements including notice, minutes and agenda requirements.



Voting. Generally, all voting must be in public. Exceptions pertain to

settlement negotiations and the acquisition, disposal or leasing of property.



Minutes. Minutes must identify the persons making and seconding all votes and

the name of each person voting for or against each proposal.



Executive Sessions.

Minutes must be kept. They are confidential but subject to review by a court in

camera.

If a non-exempt topic is brought up in executive session, the chairman must

rule the discussion out of order or adjourn the meeting if the discussion

continues.



Penalties. Increased from $500 to $1000. Civil penalties may also be imposed.

Penalties increase to $2500 for multiple violations in same year.





II. OPEN RECORDS



Records Retention. Records must be maintained in accordance with the state

records retention act. See OCGA ? 50-18-90.



Records Custodian. County can specify that written requests go to a ?records

custodian?. Custodian is someone designated by the commissioners. It can be

the chairman, the county manager, the clerk, or other person.



Response Time. Remains 3 days. But, the period does not start running until

the custodian receives the written request.



Recovering Costs.

Fees are reduced from $.25/page to $.10/page for standard size copies.

For odd-sized printed documents, actual costs can be recovered.

Cost of redaction by a full-time employee can be recovered.

County can charge for copies not picked up.

If estimated cost over $25, county notifies requestor and defers search until

requestor agrees to pay.

County can require prepayment if estimated cost over $500.

County can require prepayment for new requests, if previous fees not paid.



Electronic Records. Counties must produce electronic records, or if the

requestor prefers, printouts of electronic records or data from database

fields. A requestor may request that electronic records, data and data field be

produced in the format in which such data or records are kept by the county or

in a standard export format.



Exemptions. Personal emails, addresses, cell phone numbers and other personal

information in public records must be redacted.



Penalties. Increased from $500 to $1000. Civil penalties may also be imposed.

Penalties increase to $2500 for multiple violations in same year.



Please carefully review the above along with the more detailed summary attached

and the bill itself with your county attorneys.



Also, note that the new law will also be discussed at the ACCG Annual Meeting

in Savannah: a general session at 3:00Sunday afternoon, April 29th; as at the

County Attorneys CLE program Monday morning; and the County Clerks breakfast

meeting, Monday morning..



JFG

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