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County says, ‘No,’ to Open Records requestTue, 04/18/2006 - 4:49pm
By: Letters to the ...
Editor’s note: The Citizen filed an Open Records request with the Fayette County Commission seeking any audit or accounting related to the ongoing controversy between the county and the Fayette County Sheriff’s Department. The dispute and subsequent lawsuit involve the sheriff’s receipt and expenditure of money received through the federal drug assets forfeiture program. The following is the reply from the attorneys representing the county. RE: Open record request received Thursday, March 30, 2006 On Thursday, March 30, 2006, I was copied on your Open Records Act request sent to the attention of the Fayette County Board of Commissioners, Chairman, Greg Dunn. Due to the litigation pending between the Sheriff of Fayette County and Fayette County, any information which is related to the lawsuit is likely to be privileged at this time under O.C.G.A. § 50-18-72(e)(1) and O.C.G.A. § 50-18-72(e)(2) due to existing attorney-client relations and/or as attorney work product. You have requested several documents which you assume to exist in the files of the Record Custodian, each is addressed individually below. Request 1: “...the resulting audit...(a forensic audit alleged to have been performed on the drug forfeiture fund at the Fayette County Sheriff’s Department).” Response 1: Any public record which may exist and is responsive to this request, would be protected as attorney work product and under attorney-client privilege as set forth in O.C.G.A. § 50-18-72(e)(1) and (2). These exceptions apply due to the pending litigation between the Fayette County Sheriff and Fayette County. Request 2: “...the invoice (of a forensic audit alleged to have been performed on the drug forfeiture fund at the Fayette County Sheriff’s Department).” Response 2: Any public record which may exist in the files of the Record Custodian and may be responsive to this request would pertain to the pending litigation between the Fayette County Sheriff’s Department and Fayette County. It would exist solely as a tool used in preparation and development of strategy in that litigation and, as such, is protected under O.C.G.A. § 50-18-72(e)(1) and (2) from disclosure under the Open Records Act. Request 3: ...”and other documentation supporting the audit (a forensic audit alleged to have been performed on the drug forfeiture fund at the Fayette County Sheriff’s Department}.” Response 3: This request fails to identify any record to which access is sought with enough detail to allow the Record custodian to retrieve a responsive document without attempting to interpret what it is you are actually seeking. The Record Custodian cannot engage in such action due to the liability exposure under the Open Records Act. Further, any record that may exist and which would be responsive to this request would exist solely as a result of preparation and development of strategy in that litigation between the Fayette County Sheriff’s Department and Fayette County and as such, would be protected from disclosure under O.C.G.A. § 50-18-72(e)(1) and (2) from disclosure under the Open Records Act. Request 4: ...”minutes of the county commission during which such audit (a forensic audit alleged to have been performed on the drug forfeiture fund at the Fayette County Sheriff’s Department) was authorized and/or discussed.” Response 4: No records which can be identified as responsive to this request exist in the files of the Record Custodian. E. Allison Ivey Cox 
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