Governor Nathan Deal signed HB 397, the rewrite of the state's open meetings and open records laws, on April 17, 2012. This law became effective upon the Governor's signature.
There are a number of requirements that counties should take into account immediately.
Important information
HB 397 (full version as passed)
In addition, the new law will also be discussed at the ACCG Annual Meeting in Savannah during a general session at 1:45 p.m. on Sunday, April 29, at the County Attorneys CLE program on Monday, April 30; and the County Clerks breakfast meeting on Monday, April 30.
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.
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.
