Mitchell Peace, editor of The Claxton Enterprise incurred a five-figure legal bill in defense of Georgians' right to know. BRIAN LAPETER/ASSOCIATED PRESS

Most agencies follow open records law

Reports show much work still must be done to make government `transparent'; new technology will help

Web posted December 18, 1999

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By Tom Bennett
The Atlanta Journal-Constitution

On the cusp of a new millennium, government in Georgia is as open as it has ever has been. All Georgians have the right to read police reports, county commission meeting minutes and the contracts of school officials.

Residents of some counties can get public records online, while others can even pay tax bills over the Internet.

But a survey that sent reporters to tiny sheriff's departments and huge county complexes in every corner of Georgia indicates that much work has to be done before government is ``transparent,'' as Gov. Roy Barnes has said he wants it to be.

Many municipalities and agencies ignore or defy state open government laws. And others have to be dragged into the Internet age kicking and screaming.

TODAY  • Most agencies follow open records law  • Sheriff's office goes beyond law  • Internet use soars for cities  • Clerk of court posts public information online  • Open records questions answered   READ THE SERIES  • Previous stories   ON THE WEB  • Columbia Coounty Web Site  • Augusta Richmond County Web Site  • City of Aiken Web Site  • Ga. open records act  • Campus Security Act  • UGA crime stats  • Public school rankings

Today, in the final installment of a series of reports on the survey, it's worthwhile to summarize its key discoveries and to look ahead.

Key discoveries:

By and large, cities and counties are obeying the law and making public documents public. A few don't understand what the law requires or break the law and operate in secret.

Law enforcement agencies are more likely to skirt open government laws, although some do an excellent job of meeting the requirements.

Some school districts are confused about open government laws.

New technologies, such as the Internet, offer a future in which more public information is more available to more people than ever.

Looking ahead:

The state and municipalities will put more records and services on the Internet.

As local officials become more familiar with 1999 open records law, compliance should increase.

Mr. Barnes' drive for greater public access to government may face scrutiny when the General Assembly opens next month.

``I really think we gave the governor pretty much everything he wanted on these things last year,'' said Rep. Jim Martin (D-Atlanta), chairman of the House Judiciary Committee. ``We tried to be as helpful as we could and voted down any amendments that would have watered down the bill.''

The governor gave some insight into his legislative plans on open government during a May convention in Atlanta of the National Freedom of Information Coalition.

He talked about initiatives in the 2000 General Assembly that might include ``doing something about e-mail'' in the state's sunshine laws. He also indicated he may try to make more organizations that receive public money -- such as the Atlanta Committee for the Olympic Games -- subject to open records laws.

The Barnes administration also plans to carry out a wide-ranging study of the state's use of technology.

``The department heads are going to be asked `What is your policy on open access?' It's going to put them on notice to evaluate their procedures and see what they can do to make all information more accessible,'' said Tom Bostick, executive director of Georgia Net -- a state authority established to provide electronic access to records. ``We want to go beyond putting basic information out there, to putting useful information out there.''

The millennium bug has prevented some local governments from putting more records online, Mr. Bostick said.

``One of the things cities and counties are having a hard time with is Y2K,'' he said. ``When it's over they can dedicate some (information technology) people to put together some good Web sites.''

In its first decade, Georgia Net has helped lead Georgia into cyberspace. In October 1999, it received 3.7 million ``hits.'' About 513,000 were to get lottery results. An additional 214,000 were to check the sexual offender registry.

Meanwhile, an apparent contradiction in public access to state police records could be the focus of a bill in the 2000 legislature.

``Currently the public has access to the Georgia Crime Information Center for felony convictions only,'' said David Hudson, lead counsel for the Georgia Press Association. ``We believe that all of the information on the GCIC computer should be public.''

Other legislation may address eliminating exceptions to open government in Georgia law.

For example, it is illegal for Georgia citizens to obtain the records of the care of animals by veterinarians, or the ``trade secrets of antifreeze.''

Also, Georgia still carries on its books a Jim Crow era law that seals records kept by the state government in investigating ``subversives.'' In other states, such laws were used to hide records of investigations into civil rights leaders.

``So far we have not identified any documents we might have in that category,'' said Kathryn Allen, senior assistant attorney general.

Thurbert Baker, the state's first black attorney general, said the issue is more about fairness and accessibility than race.

``If you have accessibility to your government, you can consider your government to be fair and one that operates to the benefits of all its citizens.''