§ 2-5. Open records.

Open records shall be maintained per the state records retention act [Georgia Records Act], O.C.G.A. § 50-18-90 et seq. See O.C.G.A. § 50-18-71(a). Records must be produced within three business days of an open records request if possible. If not, the response must be made within three business days as to when the records will be produced [O.C.G.A. § 50-18-71(b)(1)(A)]. Requests can be made orally or in writing. [O.C.G.A. § 50-18-71(b)(1)(B)]. All written requests shall go to a records custodian [O.C.G.A. § 50-18-71(b)(1)(B)], the city clerk. This provision is the statutory designation in writing and the legal organ is notified of such, and the custodian is be posted on any city website [O.C.G.A. § 50-18-71(b)(2)]. The three-day response period starts when the custodian gets the request. Charges for search, retrieval and production of copies is at the rate of the lowest paid full-time employee able to respond [O.C.G.A. § 50-18-71(c)(1)], the first 15 minutes are free. The city charges for the cost of redacting records by a full-time employee [O.C.G.A. § 50-18-71(c)(1)]. Fees for copying records are $0.10/page for letter or legal size documents. For odd-size printed documents, the actual cost of producing the documents is charged. For electronic records, the city charges the actual cost of the media on which the records or data are produced. [O.C.G.A. § 50-18-71(c)(2)].

The city charges for requested records, even if not picked up [O.C.G.A. § 50-18-71(c)(3)]. If estimated cost of producing records is over $25.00, the clerk shall notify the requestor within three business days of the request as to the estimated amount. The city can defer search and retrieval until the requestor agrees to pay the amount. If estimated cost of producing records is over $500.00, the city requires prepayment before the search, retrieval, review or production of records [O.C.G.A. § 50-18-71(d)]. If costs are not paid to the city for prior requests, it requires prepayment for all new requests, regardless of amount, until the previous charges are paid [O.C.G.A. § 50-18-71(d)].

If records are sought as part of ongoing litigation, the request must be in writing and copied to the city attorney simultaneously. The city will prepare a duplicate set of the requested documents produced that must be provided to the city attorney unless the city attorney elects not to receive them [O.C.G.A. § 50-18-71(e)]. Requests for emails shall contain information about the requested messages reasonably calculated to allow the clerk to locate the requested messages such as name, title, office or specific data base to be searched to assist the clerk in finding the emails [O.C.G.A. § 50-18-71(g)]. The city shall not prepare new reports, summaries, or compilations not in existence at the time of the request [O.C.G.A. § 50-18-71(j)]. Personal email addresses, unlisted phone numbers, cell phone numbers found in public records are exempted and will be redacted before the underlying document is released [O.C.G.A. § 50-18-72(a)(20)(A)]. The exemption for personal information regarding public employees, such as home address, home telephone numbers, social security numbers, birthdates, credit card information, bank account information, and similar personal data is extended to former employees as well as current employees [O.C.G.A. § 50-18-72(a)(21)].

(Code 1991, § 3-103(4); Amd. of 8-13-2012(1), § 1(Exh. A))

State law reference

Offenses involving public records, documents and other items, O.C.G.A. § 45-11-1; inspection of public records, O.C.G.A. § 45-6-6; duty of incumbent to deliver office property to successor, O.C.G.A. § 45-6-7 et seq.; records as public property, O.C.G.A. § 50-18-102; records management plans for local governments, O.C.G.A. § 50-18-90; records management plan required, O.C.G.A. § 50-18-99(e).