Open Meetings, Open Records, and Public Information
This domain tests Georgia's two sunshine statutes: what counts as a meeting, when a meeting may be closed, and how fast and at what cost records must be produced.
Open Meetings Act, O.C.G.A. § 50-14-1 et seq.
- A meeting is a gathering of a quorum of a governing body, including its committees, at which public business is discussed or action taken, whether in person, by phone, or by video.
- Written notice is posted at least 24 hours before the meeting at the regular place and given to anyone who has requested notice. Emergency meetings may be called with less notice, but notice must be given as soon as possible.
- Votes must be taken in public, and minutes must be kept and made available.
- Executive session is allowed only for listed purposes, such as personnel, pending litigation, real estate acquisition, and certain investigations, and only after a motion in open session stating the specific reason and a majority vote. No final action may be taken in closed session.
- An employee whose conduct is being discussed may demand that the discussion occur in open session.
Open Records Act, O.C.G.A. § 50-18-70 et seq.
- Public records are the property of the people and include paper, email, texts, and databases concerning public business, regardless of who holds them.
- The agency must respond within three business days: produce the records, provide a written description and timeline, or deny in writing citing the specific exemption.
- Copy fees are capped at 10 cents per page for letter and legal size; prepayment may be required for large requests.
- The Act does not require the agency to create records, answer questions, or explain them. Personnel, medical, privileged, and active investigative records are commonly exempt or redacted.
Worked example
A reporter emails on Monday asking for the mayor's texts with a developer. On Thursday the clerk sends nothing. Reasoning: texts about city business are public records; three business days run Tuesday through Thursday; a silent Thursday is a violation. The correct response is production, a written timeline, or a written denial citing an exemption.
Traps that cost marks
Counting calendar days instead of business days; assuming a quorum gathered at a restaurant is not a meeting; treating personal phones as automatically exempt; overcharging for copies; discussing substance in closed session.