Sunshine Q&AJuly 15, 2014

Sunshine Q&A: What Makes a Meeting "Open?" and Obtaining School Records

About Sunshine Q&A: Sunshine Q&A was a complimentary service of the Transparency Project of Georgia and the Georgia First Amendment Foundation providing citizens with guidance on open government issues. These opinions should not be construed as legal advice. Please consult your own attorney for individual legal advice.

What Makes a Meeting an "Open" Meeting?

One of the most fundamental questions in open government law is also one of the most misunderstood: what exactly constitutes a "meeting" that must be open to the public under Georgia law?

The Georgia Open Meetings Act defines a "meeting" broadly. Under O.C.G.A. § 50-14-1, a meeting subject to the Open Meetings Act occurs whenever a quorum of a government body — or its committees — gathers to discuss or take action on matters within the agency's authority. This definition is intentionally broad to prevent officials from using informal gatherings to conduct public business outside public view.

The key elements are: (1) a quorum of members, (2) gathering for the purpose of (3) conducting, discussing, or taking action on public business. All three elements need not be perfectly formal. A lunch meeting, a phone call among a majority of board members, or a "work session" can all qualify if the substantive element — deliberating on public business — is present.

Quorum and the Conduct of Public Business

The quorum requirement is central to understanding the Open Meetings Act. A quorum is the minimum number of members required to conduct official business — typically a majority. If fewer than a quorum meet to discuss public matters, the Open Meetings Act technically does not apply, which is why some officials engage in the "3-on-3" strategy described elsewhere on this site.

However, even sub-quorum gatherings can cross the line when they are used to pre-deliberate decisions that will later be presented as foregone conclusions in the formal meeting. Attorneys who advise clients on how to use this loophole are facilitating the circumvention of transparency laws, even if the practice technically avoids legal liability.

The spirit of the law is clear: public business should be conducted in public. Any arrangement designed to move substantive discussion out of the open meeting and into private gatherings violates that principle, regardless of whether it constitutes a technical legal violation.

Public Notice Requirements

An open meeting isn't truly open unless citizens know it's happening. Georgia law requires government bodies to post notice of their meetings at least one week in advance for regular meetings, at a conspicuous place at the regular meeting location and on the agency's website.

Special called meetings require 24 hours advance notice to the public and to the county's legal organ newspaper. In emergencies that prevent 24-hour notice, the agency must contact the legal organ by phone, fax, or email as soon as possible.

Notice must also include an agenda — a list of topics to be discussed. The agenda does not need to be posted weeks in advance, but it must be available in sufficient time for citizens to know what will be discussed and decide whether to attend. Agendas can be amended during a meeting only by unanimous vote and only when the topic meets a two-part "surprise and deferral" test — but this provision is frequently abused.

Obtaining School Records in Oconee County (Case Study)

A citizen in Oconee County sought records from the local school system but did not receive the response they expected. This kind of situation — where a citizen with a legitimate request faces confusion, delay, or denial from a school district — is unfortunately common.

School districts are government bodies fully subject to the Georgia Open Records Act. Their records — including meeting minutes, budgets, contracts, personnel compensation figures, and administrative communications — are presumptively public unless a specific exemption applies.

When a school district denies or inadequately responds to a records request, the appropriate steps are:

  1. Submit a formal written records request citing the Georgia Open Records Act (O.C.G.A. § 50-18-70)
  2. Require the agency to identify the specific code section used to justify any denial
  3. If denied again, contact the Georgia Attorney General's Open Government Mediation Program
  4. As a last resort, consult a private attorney about judicial enforcement

The Georgia First Amendment Foundation's Green Book — "Georgia Public Schools and the Open Records Act" — provides specific guidance for citizens seeking records from school systems. Download it through our GFAF Resources page.

What to Do When Your Records Request Is Denied

Denial of a records request does not have to be the end of the road. Georgia law provides several mechanisms for citizens to challenge improper denials.

First, ensure the denial is actually complete — sometimes agencies provide partial records or responsive records that address part of your request. Then verify that the denial cites a specific statutory exemption. A denial that simply says "these records are not available" without citing the relevant code section does not comply with Georgia law.

The Georgia Attorney General's Open Government Mediation Program is free, accessible, and has resolved hundreds of disputes between citizens and government agencies. In most cases, government bodies comply once the Attorney General's office contacts them — because the vast majority of denials stem from ignorance of the law rather than malicious intent.

Disclaimer: Nothing on this page constitutes legal advice. Consult a licensed attorney for guidance on your specific situation.

Frequently Asked Questions

What legally makes a meeting an "open meeting" under Georgia law?

Under the Georgia Open Meetings Act, a meeting is subject to open meeting requirements when a quorum of a government body — or any committee or subcommittee thereof — gathers to discuss or take action on matters within the agency's jurisdiction.

The law is triggered by the presence of a quorum for the purpose of transacting public business, regardless of whether a formal vote is taken. Work sessions, committee meetings, and informational gatherings can all qualify if the right combination of members and topics are present.

Does a meeting have to be formally scheduled to be subject to open meeting requirements?

No. Georgia's Open Meetings Act applies to any meeting of a quorum of a government body where public business is discussed or decided — whether that meeting is formally scheduled, a work session, a special called meeting, or even a less formal gathering. The law follows the substance, not the form.

This is why the common tactic of holding "informal" meetings or "work sessions" that are not subject to formal vote requirements can still be open meeting violations if a quorum discusses public business.

How did a citizen in Oconee County get a school records request denied?

A citizen in Oconee County submitted a records request to their local school system expecting to receive the documents promptly. Instead, the school system either denied the request or responded in a way that did not satisfy the citizen's legitimate need for information.

This type of situation is more common than it should be. School systems, like other government bodies, are fully subject to the Georgia Open Records Act. A denial must cite the specific statutory basis, and citizens have recourse through a formal written request and, if necessary, the Georgia Attorney General's mediation program.

What school records are available to the public in Georgia?

Most school district records — including budgets, contracts, board meeting minutes, audit reports, and general administrative documents — are public under the Open Records Act. Personnel records have limited public disclosure, but total compensation figures and basic employment information are generally available.

Records specifically about individual students are protected by the Family Educational Rights and Privacy Act (FERPA), a federal law. However, aggregate data, policy documents, curriculum materials, and board communications are typically public. The Georgia First Amendment Foundation's Green Book specifically addresses school records access.

What is the Georgia First Amendment Foundation's Sunshine Q&A service?

Sunshine Q&A was a complimentary service of the Transparency Project of Georgia and the Georgia First Amendment Foundation that provided guidance to citizens navigating open meetings and open records issues. Citizens submitted questions and received non-legal guidance about their rights and options.

While the active Q&A service has evolved, this website and the resources of the GFAF continue to provide practical guidance. Citizens facing denial of records or open meeting violations can consult our resources page or contact the GFAF directly.

Can a school board hold meetings that the public cannot attend?

School boards are government bodies subject to the Open Meetings Act. All regular and special meetings of a school board must be open to the public with proper advance notice — there are no general exceptions that would allow a school board to routinely exclude the public.

Like other government bodies, school boards may enter executive session for the narrow permitted topics — specific personnel matters, litigation with a tangible threat of suit, or real estate acquisition. All votes must still occur in open session. A school board that tries to conduct substantive business entirely in executive session is violating the law.