Officials mixed on open records workshop
Open records workshop unwarranted, Hatney says
By Preston Sparks | Staff Writer
Sunday, September 20, 2009

Opinions are mixed among some Augusta government officials about whether attending a workshop on open government is worthwhile.

Some say they plan to attend the Monday workshop presented by The Augusta Chronicle and other local media.

Others, though, have said they won't be there for varying reasons.

One Augusta commissioner said he doesn't feel such a meeting is warranted, adding that Augusta government department heads and officials have already received such training in-house earlier this year.

"I think it's an insult," said Commissioner J.R. Hatney, noting that he can't be there because he'll be tending to a sick father-in-law. Asked whether he would be there if he didn't have a conflict, he responded, "At the end of the day, I don't see the need."

The event is set for 7 p.m., in the auditorium of the Richmond County Board of Education building at 864 Broad St. and is designed to help the public, county and state employees understand Georgia's Sunshine Laws. It will be led by attorney David Hudson, general counsel for the Georgia Press Association, and Pete Fletcher, the attorney for the Richmond County Board of Education.

Mr. Fletcher said he'll speak about such things as rules applying to tribunals and the Family Education Right to Privacy Act, which focuses on student records and public disclosure. He said Mr. Hudson will speak about open meeting and records law.

The issue of public record requests in Augusta was spotlighted last month when Goshen resident Becky Shealy had problems getting city documents involving her neighborhood. It took two weeks and a plea to Augusta commissioners to obtain a complete copy of the city's $50 million stimulus application involving the Goshen neighborhood.

Some Augusta commissioners say they believe the meeting on open government is helpful in light of past problems with providing open records.

"I think it's something that needs to be addressed," said Commissioner Joe Jackson, who said Friday he was planning to attend. "You can't make transactions in the dark. In my opinion, if it's public record and can be accessed you need to stop what you're doing and take care of that."

Mr. Jackson did say, though, that the meeting should mostly be directed at Augusta department heads and not commissioners.

"Every department head needs to comply with the open records in a timely fashion," he said, using an analogy to represent what he says have been problems with public record responses. "It's almost like having a nail in your tire. You have to get it fixed."

Augusta City Administrator Fred Russell said he might not be able to attend, citing a medical condition that might need tending. He said he expects someone from the county staff will be there to relay back information.

He said department heads have received training in open records law, "but we're trying to push it down deeper, to the folks who answer the phone ... We're attempting to improve our responses."

Former Georgia governor Roy Barnes, who along with Mr. Hudson has for many years been a proponent of open records laws, said he believes Monday's topic is of utmost importance, and worries about recent moves by government to restrict access to public information.

"I have been very concerned over the past few years that our tradition of openness has been closing," he said, adding that such moves only "help to feed the cynicism to government."

Mr. Barnes said he favors a Georgia constitutional amendment that would make all meetings and records open unless two-thirds of the General assembly agree to allow such proceedings or records to be closed.

Mr. Barnes said Richmond County government has been no stranger to public record challenges through the years.

"I would have to say that Richmond County has a long and full history of open records and meeting litigation," he said.

Augusta commissioners Don Grantham and Joe Bowles have said they plan to attend Monday's meeting. Commissioners Jimmy Smith and Jerry Brigham said they can't attend because of scheduling conflicts.

Augusta Mayor Deke Copenhaver, and commissioners Alvin Mason, Betty Beard and Calvin Holland did not respond Friday to phone calls.

A secretary in Augusta's Law Department said general counsel Chiquita Johnson was out on personal leave Friday and couldn't be reached for comment.

Reach Preston Sparks at (706) 828-3851 or preston.sparks@augustachronicle.com

OPEN RECORDS Q&A

Hollie Manheimer is the executive director of the Georgia First Amendment Foundation, a sponsor of Monday's open government meeting in Augusta. She answers questions about open records laws:

Q: Why do government officials and employees break the law when it comes to open records?

A: "They don't know it. Lack of familiarity," she said, adding that she's considering proposing a law mandating open records/open meetings training for all elected officials.

Q: How good are Georgia's open records laws?

A: "Our laws are no better or no worse than are laws in other states." Violations are a misdemeanor. She said that in the past 40 years, there have been four successful prosecutions that she knows of.

Q: Why should people care about this issue?

A: "These laws are the way, the mechanism, that citizens can monitor their government, the vehicle to monitor what's going on with their tax dollars.

"It's the channel, it's the mechanism, by which people can see what the government they elected is doing."

She said she doesn't agree with cities having a policy in which all open records requests are routed to the city attorney, as is the case with a new Augusta policy approved by City Administrator Fred Russell on Aug. 27.

Q: What are the most common complaints received about open records and meetings problems?

A: She said the most common complaints are agencies failing to comply with time restrictions and charging high prices without an itemized breakdown. On the meetings side, the most common complaints involve boards discussing items not on the agenda and going into closed session when it isn't necessary, she said.

IF YOU GO

WHAT: Open Government Forum -- A guide to Georgia's Sunshine Laws.

WHEN: Monday. Doors open at 6:30 p.m. Workshop begins at 7.

WHERE: Richmond County Board of Education, 864 Broad St. Parking is available on Broad Street and the parking deck on Ellis Street.

Presented by The Augusta Chronicle, The Metro Courier, Metro Spirit and Columbia County News-Times newspapers; radio station WGAC, WKZK talk show host Helen Blocker Adams and television stations WRDW, WAGT and WJBF.

Free and open to public. Call (706) 823-3348 for information.

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