Sunshine Q&AJuly 16, 2014

Sunshine Q&A: When Can the Public Receive Meeting Packets?

About Sunshine Q&A: Sunshine Q&A was a complimentary service of the Transparency Project of Georgia and the Georgia First Amendment Foundation. These materials are provided for informational purposes only and do not constitute legal advice.

The Jekyll Island Case: Meeting Packets Withheld

A Jekyll Island resident raised a concern that had significant implications for public participation: new leadership at the Jekyll Island Authority had stopped providing advance copies of the supporting documents — commonly called "meeting packets" — that detail the Authority's agenda items during public meetings.

Under the previous leadership, citizens attending Jekyll Island Authority meetings received the same packet of materials distributed to board members. These packets contained the context citizens needed to understand agenda items, ask informed questions, and participate meaningfully in the public comment portion of meetings.

When the new leadership stopped distributing packets, attending citizens were placed at a significant information disadvantage. They could see that the board was voting on something — but without the supporting documents, they could not evaluate the decision, identify potential concerns, or ask meaningful questions. The meetings became theater rather than democracy.

What Georgia Law Says About Meeting Packets

Georgia's Open Meetings Act requires that agencies post notice of meetings and provide agendas — but does not explicitly require the distribution of full meeting packets to the public in advance of the meeting. This is a gap in the law that agencies sometimes exploit.

However, the Georgia Open Records Act fills much of that gap. Every document used by a government body in its official deliberations is a public record. Supporting documents prepared for or distributed at a public meeting are subject to open records requests. An agency cannot legitimately refuse to provide those documents — it can only delay providing them for up to three business days.

Some agencies post supporting documents on their websites alongside the agenda. This is considered best practice and has become increasingly common as government websites have improved. Citizens should advocate for this level of proactive transparency and can point to well-functioning examples in comparable jurisdictions.

Agendas vs. Supporting Documents

There is an important distinction between the agenda — the list of topics to be discussed — and the supporting documents that provide context for each agenda item. Georgia law clearly requires the agenda to be publicly available before the meeting. The law is less explicit about supporting documents, though they remain subject to open records requests.

A meaningful agenda tells citizens not just that the board will "consider a contract award" but identifies the contract, the amount, and the parties involved. When agendas are deliberately vague — listing only titles without substance — they technically comply with the law while functionally defeating its purpose.

Citizens who receive vague agendas can request clarification under the Open Records Act, asking for any documents related to each agenda item. This practice, while burdensome, establishes a record of the agency's response and can support complaints to the Attorney General's office.

How to Request Meeting Supporting Documents

If your government body does not proactively distribute meeting packets, here is a practical approach:

  1. Before the meeting: Submit an Open Records Act request for "all documents prepared for or distributed to board members in connection with the [date] meeting." Do this as soon as the meeting is announced.
  2. Three business days: The agency must respond within three business days. If the meeting is in three days or fewer, submit the request immediately and also appear at the meeting to request copies in person.
  3. At the meeting: Politely ask whether copies of the board materials are available for the public. Some clerks will comply. Document any refusal.
  4. After the meeting: Request copies of all documents distributed at the meeting. These are now clearly part of the public record.

Best Practices for Government Transparency

The most transparent government bodies post their meeting packets online at the same time they distribute them to board members — typically three to seven days before the meeting. Citizens can review the materials, prepare questions, and participate more meaningfully in the process.

Citizens and advocacy organizations should push for this standard in all Georgia government bodies. A formal public records policy — adopted by the governing body and publicly posted — that commits to proactive document sharing is an achievable goal that dramatically improves public participation without requiring additional legislation.

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

Frequently Asked Questions

Are government agencies required to share meeting packets with the public before meetings?

Georgia's Open Meetings Act requires government bodies to provide agendas to the public before meetings, but it does not explicitly mandate the distribution of full meeting packets — the supplementary documents that provide context for agenda items.

However, those supporting documents are subject to the Open Records Act. Any citizen can request the supporting documents for a meeting, and the agency must respond within three business days. Proactively distributing packets, as many good-government agencies do, is best practice but not universally required.

What happened at Jekyll Island when meeting packets stopped being distributed?

A Jekyll Island resident was surprised when new leadership at the Jekyll Island Authority stopped providing advance copies of documents that detailed the Authority's discussion during public meetings. Without these meeting packets, residents attending public meetings were left in the dark — they could hear that something was being voted on but had no context to evaluate or question the decision.

This situation illustrates how technically legal behavior can still undermine the purpose of open meeting requirements. If citizens receive the agenda but none of the supporting documents, they cannot meaningfully participate in the democratic process.

Can the public request copies of documents presented at a government meeting?

Yes. Any document distributed at a public meeting or used by a government body in its official deliberations is a public record subject to the Open Records Act. Citizens can request copies either before, during, or after a meeting.

If you attend a meeting and observe that documents were distributed to board members that were not made available to the public, make a formal Open Records Act request for those documents immediately after the meeting. The agency cannot refuse to provide documents simply because the meeting has concluded.

How much advance notice are governments required to give for regular meetings?

Georgia law requires that regular meeting notices be posted at least one week in advance at a conspicuous place at the regular meeting location and on the agency's website. The agenda should accompany or closely follow the notice.

Special called meetings require 24 hours advance notice. Emergency meetings that cannot accommodate 24-hour notice still require the agency to contact the legal organ newspaper as soon as possible before the meeting.

What can residents do when a government body stops sharing meeting materials?

The most direct approach is to submit a formal Open Records Act request for the meeting packets before each meeting. While this shifts the burden to the citizen rather than the government, it establishes a legal paper trail and ensures you receive the documents within three business days.

Citizens can also attend meetings and formally complain in the public comment period that the lack of advance materials prevents meaningful public participation. Journalists can amplify these concerns. Ultimately, the Attorney General's office or a court may need to weigh in if an agency consistently uses document withholding as a means of limiting public oversight.

What are "consent agenda" items and why should the public pay attention to them?

A consent agenda is a block of items that are considered routine enough to be voted on together without separate discussion. They are listed on the agenda as a single line item, and the entire block passes with one vote. The problem arises when non-routine items are bundled into the consent agenda to avoid scrutiny.

Paying attention to consent agendas is a hallmark of good government watchdog work. If an item on the consent agenda deserves separate discussion, citizens and journalists should request it be pulled from the consent agenda for individual consideration. Many board rules allow any member to do so, and citizens can advocate publicly for such separation.