Sunshine Week: Filing open records requests for Georgia, U.S. government

Citizens of Georgia can request public records under the Georgia Open Records Act, which governs the distribution of state records, as well as those of local public agencies in Georgia. Georgia open records requests, Sunshine Week, Georgia First Amendment Foundation

In previous posts, we explained how to file open records requests for Cobb government and Cobb schools. As the final part of this Sunshine Week series, this post will focus on state open records requests and those covered by the federal Freedom of Information Act.

The Georgia Attorney General’s Office has published and periodically updated its Citizens Guide to Open Government, in conjunction with the Georgia First Amendment Foundation and the Georgia Press Association.

The guide was last updated in 2014, following the passage of updated Georgia sunshine laws that lowered the cost of records from 25 cents to 10 cents a page (when there are fees that are charged) and stiffened the fines for violating the Georgia Open Records Act.

The 2012 update also allows the Attorney General to bring criminal as well as civil charges. Recently AG Chris Carr filed a criminal citation for the first time in a GORA case, against a former press aide to ex-Atlanta mayor Kasim Reed.

Georgia state government agencies have three working days to respond to requests for open records, and it is preferred they be made in writing, whether it’s print or online.

(Here’s a link to the state open meetings laws.)

There also are several types of records that are exempt from the law, meaning that they can be withheld or redacted. Other exceptions beyond the scope of the law are included here.

The Georgia First Amendment Foundation encourages requesters to “be specific about exactly the information you want,” including citations of state laws, and includes that in a sample form letter.

The GFAF also monitors transparency legislation and holds a legislative breakfast each session.

The open-government organization MuckRock notes that if an open records request is denied, there is no appeals process except through state superior courts.

The U.S. Freedom of Information Act became law in 1966 and covers federal government records requests.

The main website, FOIA.gov., provides research links, FAQs and background information, including the federal statute. It also includes information on requests previously submitted and submits annual reports on FOIA requests.

The General Services Administration also has a produced a brochure, Your Right to Federal Records.

Like state open records laws, the federal FOIA has exemptions, nine to be exact, which are summarized here.

Numerous independent and non-profit watchdog organizations monitor federal FOIA developments and conduct legal and other advocacy (see the list at the bottom of this post).

There also are numerous organizations that provide assistance and sample forms for filing FOIA requests from the U.S. government. They include:

  • iFOIA.org, from the Reporters Committee for the Freedom of the Press;
  • MuckRock, an open-government non-profit that allows users to file directly from its platform;
  • FIOAMapper, which tracks what it calls “hidden” public data.

More federal resources here from the FOI Center at the National Freedom on Information Coalition.

The National Freedom of Information Day wraps up Sunshine Week each year, and falls around the birthday of James Madison.

General resources

Sunshine Week

 

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Sunshine Week: Filing open records requests for Cobb County government

All citizens—and not just journalists—have the right to obtain public information about their federal, state and local governments. In Cobb, the county government has several designated custodians of public records to handle those requests. Cobb County Government logo

Local authorities in the state are subject to provisions of the Georgia Open Records Act.

The county has set up the Cobb Government Open Records Center as a portal to introduce the public about its process.

Open records cover most of the workings of government: commissioners’ decisions, including zoning; contracts; personnel records; public safety incidents; court records; voter registration and elections information; tax information; permits and licenses and more.

Most Cobb government public records requests are handled by the Cobb County Attorney’s Office, which is the custodian of public records for 22 county government agencies and offices:

  • Animal Control; Board of Commissioners; Communications; Community Development; County Attorney; County Clerk; County Manager; Department of Public Safety (including Internal Affairs); Economic Development; Emergency Management Agency; Finance; Human Resources; Information Services; Internal Audit; Libraries; Parks, Recreation and Cultural Affairs; Property Management; Purchasing; Senior Services; Storm Water Management; Department of Transportation; Water System.

The easiest way to obtain information is online, though you’ll be asked to establish an account the first time you use the electronic system.

To submit an open records request in writing for the offices above, contact:

Cobb County Attorney Deborah Dance
100 Cherokee Street
Marietta, GA 30090
770-528-4000

Several other departments and agencies have their own public records custodians, and they also respond to online requests at the above link. Here are the mailing and e-mail addresses for obtaining information in writing:

Cobb Voter Registration and Elections
Janine Eveler
736 Whitlock Ave, Suite 400
Marietta, GA 30064
770-528-2581
info@cobbelections.org

Cobb Emergency Communications (911)
Records Custodian
140 N. Marietta Pkwy
Marietta, GA 30060
770-499-4106
911openrecords@cobbcounty.org

Cobb Fire and EMS Records
Ellen Black
1595 County Services Pkwy
Marietta, GA 30008
770-528-8000
ellen.black@cobbcounty.org

Cobb Police Department 
(Incident and Accident Reports, Alcohol Permits, Dash and Body Cam Videos)
Lt. Leo Scherer
140 N Marietta Pkwy
Marietta, GA 30060
770-499-3900
policeopenrecordsofficer@cobbcounty.org
Also: Cobb County Crash Reports

Cobb County Sheriff
Robin Clements
Open Records Custodian
Administrative Division
770-499-4728
robin.clements@cobbcounty.org

Cobb Tax Assessor
Stephen White
736 Whitlock Ave
Marietta, GA 30064
770-528-3100
stephen.white@cobbcounty.org

Cobb Tax Commissioner
Carla Jackson
736 Whitlock Ave
Marietta, GA 30064
770-528-8600
tax@cobbtax.org

In addition, the Cobb State Court Clerk’s Office and Cobb Superior Court Clerk’s Office keep civil and criminal court records, as well as marriage certificates, deed information, real estate transactions and more.

Public records custodians in Georgia have three working days to reply to requests that are subject to the Georgia Open Records Act.

This means that they must notify you by that time of the status of your request, whether it’s approved or denied, and if it’s the former, how much time it may require to provide the information, and what the cost may be.

In many cases there is no charge for documents and records, but fees can be charged for requests that involve some time for custodians to retrieve, research and prepare records.

According to the Cobb Open Records Center, fees that are charged “are based on the hourly rate of the lowest paid employee, minus the first 15 minutes.”

The county also keeps a searchable archive of open records requests that have been made.

The Georgia Open Records Act is part of a broader set of statutes called “Sunshine Laws” that include the provisions for open meetings.

The Georgia First Amendment Foundation has published a guide to Georgia’s Sunshine Laws, which has further resources on open government.

Later in the week East Cobb News will post similar information about obtaining public records from public schools and state and federal government agencies.

It’s all part of Sunshine Week, which is being observed this week by news organizations and open-government advocates.

Through Saturday, East Cobb News invites you to send your questions about how to get public information. E-mail: editor@eastcobbnews.com and we’ll get some answers for you.

General resources

Sunshine Week

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Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!