ASSOCIATED PRESS

Agencies still in dark on sunshine laws

Web posted December 12, 1999

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By Tom Bennett
The Atlanta Journal-Constitution

Without sunshine laws, your city or county could raise taxes or build a landfill just off your kitchen window without informing you. Yet, after a quarter-century of these laws, compliance throughout Georgia is spotty at best, according to a first-ever survey.

What does that say to the state's attorney general?

``It says to me that we were on the right track when we instituted and had introduced and passed the 1998 statute that allows this office to get involved in open records and open meetings,'' Thurbert Baker said. ``We always had the ability to handle matters at the state level, but some of the most complex issues we were hearing about and were unable to deal with were at the local level.''

Ninety percent of Georgia cities, counties and universities surveyed in September handed over public records. However, only 44 percent of municipal and county law enforcement agencies and school superintendents did so.

Surveyors -- reporters from Georgia newspapers -- did meet many helpful local officials.

``I've always tried to cooperate with the public, because they're their records,'' said Karen Huey, Cherokee County clerk.

Yet a different spirit prevailed in Telfair County, where Sheriff David T. Williams ran driver's license and auto tag checks on the surveyor and dispatched him empty-handed, saying, ``Next time, send a woman!''

Ten newspapers and newspaper groups and the Georgia First Amendment Foundation sent 75 surveyors on 316 face-to-face agency visits in a broad geographic area from the mountains to the Okefenokee Swamp.

``There are high points and low points in the survey, and 1999 improvements in the law lead us to believe the high points soon will outweigh the low points,'' said Hollie Manheimer, executive director of the Georgia First Amendment Foundation.

If change is on the way, it will be welcome in the Atlanta suburb of Kennesaw, where one resident, Russel Livengood, said: ``I think everybody in the state is supposed to try to have open meetings. I hope we have them here in Kennesaw now.''

He and other residents objected when the city rezoned a site for light industry. The property had been talked about for ball fields but proved too expensive to grade. Kennesaw ran a public notice and posted a sign, but there was no public comment on the city's actions. As is often the case, the consequences for a local government not fully letting the public in on what it's doing can be pronounced.

``We have learned to try to communicate better by using door hangers, posting on the biggest main street, and putting it on our Web site,'' said Bob Hail, Kennesaw city manager.

Recent statewide developments raise hopes for advocates of open government:

* Roy Barnes became the first Georgia governor to write sunshine laws with his 1999 measures, which clarified that government entities have just three days to turn over public records and required affidavits to justify closed meetings.

* Mr. Baker became the first Georgia attorney general to assume co-responsibility with local district attorneys for enforcing the sunshine laws.

* Mr. Baker began an open government mediation process. His office mediated 22 matters in 1998 and 25 so far in 1999.

``We've still got to get the message out that this process is available,'' he said.

In two 1999 opinions, Mr. Baker said Atlanta Olympics bid records should be covered by open records legislation and clarified a controversial new law that some law enforcement agencies were using to restrict access to accident reports.

Meanwhile, 16 percent of the state's counties and 12 percent of its cities have Web sites. They can be found on the state-operated Georgia Net and the home page of the Georgia Municipal Association.

A handful of these sites provides agendas, and some even have the minutes of meetings. These are primary documents that inform the public whether its government has done anything that affects its well-being, or is contemplating doing so.

Yet people, not computers, can make what Mr. Barnes calls a more ``transparent'' government -- one that Georgia residents can see into.

``Technology in and of itself is helpful,'' Mr. Baker said. ``But I think you've got to have some people setting the policy and the tone for how that technology's going to be used to advance the causes of open government, and I think Governor Barnes and I have been very straightforward and very strong.''