Sunshine Q&A: When can the public receive meeting packets?

A Jekyll Island resident was surprised when new city leadership stopped providing advance copies of documents that detail the Island Authority’s discussion during public meetings. Without the meeting packets, the residents are left in the dark at the meetings. A public agency is required to release meeting agendas before a meeting, but what does the law say about supporting documents?

Sunshine Q&A is a complimentary service of the Transparency Project of Georgia and the Georgia First Amendment Foundation, a federal 501(c)(3) nonprofit organization. These opinions should not be construed as legal advice. Please consult your own attorney for individual legal advice.

Frequently Asked Questions

What are meeting packets and why are they important?

Meeting packets are collections of documents that accompany a public meeting agenda. They typically include supporting materials such as reports, proposals, budgets, correspondence, and other documents that will be discussed during the meeting. These packets provide essential context for understanding the issues that a government body will be considering.

Meeting packets are critical for meaningful public participation in government. Without access to the underlying documents, citizens attending a public meeting may have difficulty following discussions, understanding the implications of proposed actions, or offering informed input during public comment periods.

When government agencies stop providing advance copies of meeting packets, as happened with the Jekyll Island Authority, citizens are effectively left in the dark during meetings. They can observe the proceedings but cannot fully understand or engage with the substance of what is being discussed.

Transparency advocates argue that providing meeting packets in advance is a best practice that promotes informed civic engagement. While the specific legal requirements may vary, the principle underlying open meetings laws is that citizens should have meaningful access to government proceedings, not just the right to be physically present.

Are government agencies required to provide meeting agendas in advance?

Under Georgia’s Open Meetings Act, public agencies are required to provide meeting agendas in advance of public meetings. This requirement exists to ensure that citizens know what topics will be discussed and can plan to attend meetings where matters of interest to them will be considered.

The advance notice requirement gives citizens time to prepare their own input, gather relevant information, and organize community response to proposed government actions. Without this advance notice, the public’s ability to participate meaningfully in the democratic process is significantly diminished.

The specific requirements for how far in advance agendas must be posted can vary depending on the type of meeting and the government body involved. Regular meetings typically require longer advance notice than special or emergency meetings, though all meetings must provide some form of public notice.

If a government agency fails to provide adequate advance notice of meeting agendas, it may be in violation of the Open Meetings Act. Citizens who believe notice requirements have not been met should document the issue and consider reporting it to the Attorney General’s office or consulting with a transparency advocacy organization.

What is the difference between meeting agendas and supporting documents?

A meeting agenda is a list of topics or items that will be discussed during a public meeting. It provides a basic outline of what the government body plans to address. Under Georgia law, agencies are required to release meeting agendas in advance to give the public notice of upcoming discussions.

Supporting documents, on the other hand, are the detailed materials that accompany agenda items. These may include staff reports, financial analyses, proposed ordinances, contracts, correspondence, maps, and other documents that provide the substance behind each agenda item. Together, these documents form the “meeting packet.”

The distinction is important because while the law clearly requires advance release of agendas, the requirements around supporting documents are less explicitly defined. Some agencies provide full meeting packets as a matter of practice, while others may only release the agenda and make supporting documents available upon request.

Transparency advocates argue that meaningful public access requires both the agenda and supporting documents. An agenda item that simply reads “Discuss budget proposal” provides little useful information without the actual budget documents that will be discussed. Providing meeting packets in advance is considered a best practice for open government.

What can citizens do when a government body stops providing meeting packets?

When a government body stops providing meeting packets, citizens have several options. The first step is to file a formal open records request for the specific documents you wish to review. Under Georgia’s Open Records Act, government documents are generally public records and must be made available upon request.

Citizens can also attend public meetings and ask elected officials directly why meeting packets are no longer being provided. Public comment periods offer an opportunity to raise this concern on the record and to advocate for the restoration of this transparency practice.

If the government body refuses to provide the documents through an open records request, citizens can escalate the matter. Options include contacting the Georgia First Amendment Foundation for guidance, filing a complaint with the Attorney General’s office, or consulting with a private attorney about potential legal action.

Organizing community pressure can also be effective. When multiple citizens make the same request or attend meetings to voice concerns about reduced transparency, elected officials are more likely to respond. Engaging local media to cover the issue can further amplify public pressure for government accountability and openness.

How does the Open Meetings Act promote public participation?

The Georgia Open Meetings Act promotes public participation by establishing a framework of rules that ensure government meetings are accessible, transparent, and conducted in a manner that allows citizens to observe and engage with their government. The Act reflects the fundamental principle that government belongs to the people.

Key provisions of the Act include requirements for advance public notice of meetings, including the posting of agendas. This gives citizens time to plan their attendance and prepare any input they wish to provide. The Act also requires that meetings be held in locations accessible to the public.

The Act expressly permits citizens to record public meetings through audio and video devices. This provision ensures that citizens who cannot attend in person can still access information about what transpired, and that a verifiable record of proceedings exists beyond the official minutes.

Additionally, the Act provides enforcement mechanisms that give citizens the power to hold government accountable when the rules are not followed. This includes the ability to report violations to the Attorney General’s office and to seek judicial enforcement through the courts. These mechanisms ensure that the Act’s protections are not merely aspirational but have real consequences for non-compliance.