It’s a cloudy sunrise for open government in Georgia with HB 387 now law. Will anyone enforce it? Will local governments comply? Will the legislature extend this law into a sunshiny day in Georgia?
Aaron Gould Sheinin and Bill Rankin wrote for the AJC yesterday, Governor signs Open Records rewrite into law,
House Bill 397, which took effect upon Deal’s signature, is the first major rewrite of Georgia’s sunshine laws in more than a decade. New provisions in the open records and meetings laws increase fines for offenders. The maximum penalty of $500 is now $1,000, and offenders who commit repeat violations within a year face fines of up to $2,500.
Previously, the sunshine laws allowed only criminal complaints to be filed against suspected violators, meaning a prosecutor would have to prove the case beyond a reasonable doubt. The rewrite now allows the filing of civil complaints, which have a lower burden of proof.
That could be interesting if anyone actually files a complaint.
The rewrite also would provide new exemptions for some gatherings of governing bodies, such as allowing a quorum of members to attend the same civic function, receive training or visit government agencies — provided no official business is discussed or transpires.
So the various elected boards meeting together at the end of last month was probably OK, since they weren’t making decisions, merely educating each other. But the Lowndes County Commission repeatedly hiding from the public while discussing solid waste disposal, among other issues, does not seem to fit that exception.
It also reduces the cost of most documents disclosed under the Open Records Act from 25 cents to 10 cents per page.
That means the price of the Industrial Authority’s old minutes just went down, Continue reading