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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