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Charges filed demonstrate perils of violating Georgia’s Open Records Act

Richard T. Griffiths

By John McCosh

“These are the people’s records, and the public deserves access to them,” says Georgia First Amendment Foundation President Richard T. Griffiths.

For the first time ever, an alleged violation of Georgia’s Open Records Act has led to criminal charges. On Feb. 11, Georgia Attorney General Chris Carr announced plans to prosecute Jenna Garland, who served as press secretary under former Atlanta Mayor Kasim Reed.

Garland is accused of intentionally delaying the release of public records that contained information potentially damaging to city officials. The alleged actions were documented in text messages in which Garland directed a subordinate to “be as unhelpful as possible,” “drag this out” and “provide the information in the most confusing format available” in response to records requests from WSB-TV.

“In part, this prosecution was made inevitable by the clear documentation of the obstruction,” said Georgia First Amendment Foundation President Richard T. Griffiths. “Many other cases where officials are slow to respond, impose outrageous fees or claim spurious exemptions are harder to take on. The attorney general’s office also regularly weighs in on the side of open government to discourage these less obvious tactics.

“The decision to prosecute in the City of Atlanta case sends a clear message that public officials in Georgia violate the open records laws at their peril. We at the Georgia First Amendment Foundation commend Attorney General Carr for taking such a strong stand for open government. These are the people’s records, and the public deserves access to them — even if those records are embarrassing.

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