Office of Transparency

Under the Georgia Open Records Act, a "public record" includes all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. A "public record" also can include items received or maintained by a private person or entity on behalf of a public office or agency where the records are received or maintained by a private person, firm, corporation or other private entity in the performance of a service or function for or on behalf of a public agency. It does not include any computer program or computer software used or maintained in the course of operation of a public office or agency.  O.C.G.A. § 50-18-70(a), § 50-18-72(e)(2).

The Georgia Open Records Act applies to:

• Every state department, agency, board, bureau, commission, public corporation, and authority;
• Every county, municipal corporation, school district, or other political subdivision of this state;
• Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
• Every city, county, regional, or other authority established pursuant to the laws of this state; and
• Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. O.C.G.A. §§ 50-14-1(a)(1), 50-18-70(a).

The Act also applies to private entities to which public functions have been transferred by an agency or which receives substantial funding or resources from an agency in performance of a task (in such instance, only the records and meetings related to that task are open).  An agency may not transfer records to a private entity to avoid disclosure, and, if public records are transferred to private parties, that private person or entity is subject to the provisions of the Open Meetings and Open Records Acts.  Central Atlanta Progress, Inc. v. Baker, 278 Ga. App. 733 (2006).

Requests for public records should be sent to the City department that you believe to be the custodian of the records you are seeking.  A list of departments and the contact information for the staff who handles requests for records can be found on this website.  If you need assistance in determining the appropriate place to send a request, you can contact the Chief Transparency Officer.

The Georgia Open Records Act requires that a public agency provide a response to a request for records within three business days.  If the records being sought are immediately available they should be produced within three business days.  Where records must be located, retrieved, redacted, or otherwise processed in order to be produced and those activities will take longer than three business days, the public agency must provide an estimated timeframe for making the records available.  In general, the more specific and detailed a request is, the easier and faster it is for staff to identify, locate, and retrieve records.  

The Georgia Open Records Act allows a public agency to charge fees for the staff time needed to identify, search for, retrieve, and process records. An agency can charge the hourly rate of the lowest paid full-time employee with the necessary skill, training, and access to identify and process the requested records.  Additionally, charges for staff time only begin after the first 15 minutes spent on a request. 

The cost to receive public records will be greatly determined by the number of records requested.  A very specific request for a small number of records may cost very little, or even be free.  A request that seeks a large number of records, one that requires the review of a large volume of records, or one that spans a large timeframe may result in a substantial fee.  If the estimated costs associated with a request are more than $500, an agency can require prepayment before beginning a search for records.  If a requester has an unpaid balance from a previous records request, an agency can require prepayment for any new requests regardless of the estimated costs.

If public records contain information that is exempt from disclosure, that information will be redacted before those records are provided in response to a request.  “Redacted” simply means that the exempt information is removed or obscured in some way so that it is not provided.  Occasionally, the entire records will be exempt and, in that situation, there will be no records that can be produced. 

The Georgia Open Records Act provides for a number of exemptions that allow or require certain types of information to be withheld from a response to a public records request.  That portion of the law can be found HERE. While any of these exemptions may apply to a request for records from the City of Atlanta, the ones that apply most frequently are:

• Records that are required by federal law or regulation to be kept confidential;
• Medical records;
• Records that would reveal a confidential law enforcement investigation or reveal a confidential source;
• Records related to an open investigation into criminal or unlawful activity (except that an initial police report is not exempt);
• Records related to an open investigation into employee misconduct;
• Records related to the acquisition of real property by the agency;
• Records related to an open procurement process;
• Personal privacy related information of all individual, such as day/month of birth, mother’s maiden name, Social Security number, medical information, financial account information, and utility account numbers;
• Personal privacy related information of public employees, such as home address, home telephone number, and identification of immediate family members;
• Information in records that would compromise security against criminal or terrorist acts if made public; and
• Records that are subject to the attorney-client privileged or are confidential attorney work product.

No.  A public officer or agency is not required to prepare reports, summaries, or compilations not in existence at the time that you make a request. However, if you are requesting a printout of data that is stored in an electronic database, and no significant programming is required in order to create that printout, then that information is subject to being produced in response to an Open Records request.

Individuals who need assistance with a public record request can contact the Chief Transparency Officer directly using the information provided on this web page.  Additional assistance may be received through the Office of the Georgia Attorney General via this link.