By: Stephen D. Ott

Government & Municipal Practice Area

Municipalities receive numerous open records requests. What are a municipalities duties in responding to the requests?

The law governing municipalities in responding to open records requests, including what documents are subject to public disclosure, can be found at O.C.G.A. § 50-18-70 et seq.

Documents subject to the Open Records Statutes, include all records not otherwise specifically exempt from disclosure. The exceptions to disclosure are listed in O.C.G.A. § 50-18-72 and include an individual?s social security number and insurance or medical information in personnel records. Also, specific limitations are placed on who can obtain copies of Georgia Uniform Motor Vehicle Accident Reports. A municipality may not refuse to release documents containing exempt material. Rather, the municipality must redact the exempt material and release the remainder of the document.

The requirements of the municipality include a response within three (3) days and require that records which are maintained by computer be made available, when practicable, by electronic means, including Internet access.

There are other requirements and exemptions that should be reviewed before responding to an open records request.

The information for this article was received from independent research on the part of the author. All information is based solely upon the law of the State of Georgia and does not apply to any matter outside of Georgia. This article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The law is constantly changing, additional facts or future developments may affect subjects contained herein and no guarantee is given that the information provided is correct, complete, or up-to-date. Seek the advice of professional counsel before acting or relying upon any article, form or information in this web site.