This past legislative session, Georgia Attorney General Sam Olens tried and failed to update the state’s open records laws. He hopes to fare better next year. It’s why Olens is meeting with stakeholders throughout the summer and laying out the case for reform.
“When you’re talking about the sunshine laws of the state, the sections of the law as they currently exist are far from clear and easy to understand, ” said Olens.
The sunshine laws, as they’re known, outline government protocol for holding meetings and releasing records.
Among the proposed updates are larger fines for public officials when they withhold documents or fail to advertise meetings and votes. Olens also wants broader enforcement power and the ability to bring civil charges. Currently, his office can only pursue violations in criminal court, which has a much higher burden of proof than civil court.
First Amendment advocates have mostly applauded Olens’ reform efforts, but major concerns remain.
An unresolved issue has to do with email, Twitter, and Facebook – basically what communications between government officials should be open to the public.
Clint Mueller is the lead lobbyist for the Association County Commissioners of Georgia.
“When we get into all these electronic communication, what can they do that doesn’t have to be advertised ahead of time, that’s an area we need to clear up,” said Mueller.
Bill Clark of the Georgia Trial Lawyers Association says one of his problems with Olens’ current proposal is that anyone suing the government would automatically forfeit their open records rights.
“We are very concerned that that will hamstring the ability of people in lawsuits to get relevant information about governmental inspection and governmental involvement in whatever is at the heart of litigation,” said Clark.
Meanwhile, Hollie Manheimer of the Georgia First Amendment Foundation, doesn’t want to see strong rules – like the three-day wait time for requested documents – watered down in exchange for less important provisions.
“I just want to make sure that we don’t end up with a bill that’s worse than what we have now,” said Manheimer.
Olens says he’s open to any and all input. He hopes to have a bill ready by January.
“A lot of it is making it user-friendly. The public deserves to know what their government is doing,” said Olens.
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