PTC employees, officials learn more about Georgia's open meetings, open records laws

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A number of Peachtree City employees and volunteers who serve on city commissions and authorities attended an open government workshop Tuesday afternoon.

The workshop was presented by the Georgia First Amendment Foundation, a non-profit group devoted to educating the public and government agencies about Georgia's open records and open meetings laws.

GFAF Executive Director Hollie Manheimer, attorney Joseph Bankoff and Atlanta Journal-Constitution editor David Milliron commented on a number of questions that cropped up from the audience about following the open meetings and open records laws.

Councilwoman Annie McMenamin also sat on the panel, first addressing the problems city officials face with open records requests and in following the open meetings laws.

McMenamin said that she relies on the city attorney to help guide council in following the open meetings laws, which allow council to hold closed sessions to discuss certain matters such as pending litigation.

City Attorney Rick Lindsey is good at helping council's closed-meeting discussions stay on track so council doesn't violate the law by discussing a matter it should handle in public, McMenamin said.

The state's open meetings law recently became more strict, requiring affidavits to be signed which state the topics that were discussed in closed session.

Some council members are so nervous about violating the open meetings law that "if we have three of us standing alone together, we leave," McMenamin said.

Sometimes in open meetings, she added, heated exchanges occur that the media should use discretion in reporting on.

Councilwoman Carol Fritz, who attended the meeting, asked if council should interview candidates for city boards, commissions and authorities during open meetings. Currently, two council members and a city official conduct the interviews at different times and if those interviews were conducted in an open meeting, it could deter candidates from volunteering, she said.

Bankoff said since there were only two council members present at the interviews, that procedure is fine.

McMenamin also said that sometimes open records requests from citizens were too vague and it can take a while to find records, especially if they are old.

"If citizens have a better idea of what they're asking for, that will help," she said.

McMenamin also added that she believes in open government which helps provide accountability.

"The more we can give to the public, the better off we are," McMenamin said.

Milliron pointed out that the law requires a "reasonable" amount of time to respond to open records requests for up to three days. But the law allows for the actual production of those records to take place later if necessary, and both Milliron and Bankoff urged city officials to make sure they give a written estimate of possible fees if any might be incurred in the search for and copying of the records.

Bankoff also urged caution in releasing records that could be considered to invade someone's personal privacy. Most personnel records shouldn't be released under the open records law, but some personnel records are open to the public, such as an employee's salary, Bankoff said. Certain disciplinary action taken toward an employee can also be released.

Milliron also said it was important for agencies to have a media policy and a "custodian" of records so there's little confusion about who can release records.

From the reporter's standpoint, Milliron said there are many times when open records requests generate nervousness from public officials. It's important for reporters to maintain a good working relationship with those agencies, he added.

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