Sunshine Q&AJuly 17, 2014

Sunshine Q&A: How Is the Open Records Act Enforced?

About Sunshine Q&A: The opinions below reflect guidance from Georgia First Amendment Foundation Executive Director Hollie Manheimer and should not be construed as legal advice. Please consult your own attorney for individual legal advice.

When You're Being Stonewalled

Sometimes, obtaining public documents is not as simple as filing an open records request and waiting patiently. We hear from people every week who say they are being stonewalled by government agencies. The agency may not respond at all, may provide only partial records without explanation, or may issue a blanket denial without citing a legal basis.

While the motivations for stonewalling vary — sometimes it is deliberate obstruction, often it is simple ignorance of the law or bureaucratic inertia — citizens have options for ensuring their requests are treated fairly and legally.

The most important step is not to give up after a single denial. The Open Records Act provides a clear process for escalation, and most government agencies comply when citizens demonstrate that they understand the law and are prepared to use it.

Insight from GFAF Executive Director Hollie Manheimer

At today's Sunshine Q&A, Georgia First Amendment Foundation Executive Director Hollie Manheimer offered guidance for citizens facing obstruction in their open records requests.

Manheimer emphasized that citizens must first verify they have made a valid request that clearly invokes the Open Records Act by name. A request that does not specifically reference the Act may not trigger the agency's three-day response obligation. A simple sentence — "I am requesting the following records pursuant to the Georgia Open Records Act, O.C.G.A. § 50-18-70" — is sufficient.

She also noted the importance of being specific. Overly broad requests — such as "all documents related to the budget" — are harder to fulfill and more likely to produce partial responses or delays. The more precisely you identify what you want, the harder it is for an agency to claim it doesn't know what you're asking for.

Your Formal Options for Enforcement

When an informal approach fails — or when the nature of the denial suggests deliberate obstruction — citizens have several formal remedies available:

  1. Formal written request: Submit a written request that explicitly cites the Open Records Act and its three-day response requirement. Keep a copy and note how it was delivered.
  2. Attorney General's Mediation Program: File a complaint with the AG's office. This is free, relatively quick, and resolves the vast majority of disputes without litigation.
  3. Civil court action: If mediation fails or the violation is particularly egregious, a court can order production of records, impose civil penalties, and award attorney's fees.

In most cases, formal escalation to the Attorney General's office is sufficient. Agencies that are reminded of their legal obligations — and of the consequences of non-compliance — typically respond appropriately.

The Attorney General's Mediation Program

The Georgia Attorney General's Open Government Mediation Program is the primary resource for citizens who have been denied records to which they are entitled. The program operates as a neutral third party, contacting agencies on behalf of citizens and educating them about their obligations under the Open Records Act.

"Most of the time, governments don't realize they're in violation of the law," said Lauren Kane, communications director for the Attorney General's office. "We are here to make sure the law is being followed." Kane noted that the program handled more than 300 complaints in a single year — and felt it worked effectively.

To use the program, citizens can contact the Attorney General's office at (404) 656-7298. Come prepared with documentation of your request, the agency's response (or non-response), and the specific records you are seeking.

Civil Action and Court Enforcement

If mediation fails or a citizen needs immediate access to time-sensitive records, civil action in Georgia courts is available. Courts have the authority to order agencies to produce records, impose civil penalties of up to $1,000 per willful violation, and award attorney's fees to successful plaintiffs.

The attorney's fees provision is particularly important because it makes it economically feasible for lawyers to represent citizens in open records cases even when the records themselves have modest dollar value. The combination of fee shifting and civil penalties provides genuine deterrence against willful obstruction.

Documenting Violations for Stronger Cases

Whether you intend to use mediation or civil action, strong documentation is essential. Keep copies of every communication — your original request, any acknowledgments or responses from the agency, and any follow-up correspondence. Note the dates and delivery methods of all communications.

If the agency provides verbal responses, follow up in writing to create a record of what was said. A simple email that says "Following up on our phone call today, in which you stated [X]..." establishes a contemporaneous record that can be valuable in any subsequent proceeding.

Citizens who take systematic, documented approaches to their open records work not only improve their own chances of success — they create a record that benefits future requesters and the broader cause of government transparency in Georgia.

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

Frequently Asked Questions

Who enforces the Georgia Open Records Act?

The Georgia Open Records Act is primarily enforced through the Office of the Attorney General, which operates an Open Government Mediation Program. Citizens who are denied records they are entitled to can file a complaint, and the AG's office will contact the agency to resolve the dispute.

Courts also have jurisdiction over open records violations. A citizen or organization can bring a civil action against an agency that willfully violates the Open Records Act. Successful plaintiffs can recover attorney's fees and, in cases of willful violation, up to $1,000 per violation.

What should I do if a government agency simply stops responding to my records request?

Georgia law requires a response within three business days — either the records themselves or a written explanation of why they are being withheld, with a citation to the specific legal basis. If you receive no response at all, the agency is in violation.

Document your original request (keep a copy and note how it was submitted), then submit a follow-up demand citing the three-day requirement. If still no response, contact the Attorney General's office immediately. Lack of response is easier to prove than disputed interpretations of exemptions.

What did GFAF Executive Director Hollie Manheimer recommend for citizens facing stonewalling?

Hollie Manheimer, Executive Director of the Georgia First Amendment Foundation at the time, advised that citizens facing stonewalled requests should be persistent and systematic. A formal written request — rather than an informal verbal or email request — creates the clearest legal record.

She emphasized that the Attorney General's mediation program was the most practical first step, since it resolves most disputes without requiring litigation. The AG's office operates as a neutral third party, which often prompts agencies to comply quickly once they understand they are under official scrutiny.

How long does the AG mediation process take?

The Attorney General's Open Government Mediation Program typically moves fairly quickly. Once a complaint is filed, the AG's office contacts the relevant agency and, in most cases, either the records are released or the parties reach a mutually acceptable resolution within a few weeks.

The program has handled hundreds of complaints annually with a high resolution rate. Most agencies comply once they receive an inquiry from the AG's office, because the alternative — formal enforcement action — is more costly and disruptive.

Can I recover my legal fees if I win an Open Records Act case?

Yes. Under Georgia law, a court may award attorney's fees and litigation costs to a requester who prevails in an action to enforce the Open Records Act. This provision makes it feasible for attorneys to take open records cases on behalf of citizens even when the records themselves have limited commercial value.

In cases of willful violation, courts can also impose civil penalties of up to $1,000 per violation. The combination of fee shifting and civil penalties provides meaningful deterrence against agencies that deliberately obstruct records access.

What is the best way to document a records denial for later enforcement?

Keep meticulous records of every step: copies of your original request (with the date and delivery method), any acknowledgment from the agency, any denial or partial response (including the date received), and any follow-up correspondence.

If you visited the agency in person and were denied verbally, write a contemporaneous memo documenting exactly what was said, by whom, and when. This documentation will be essential if you need to file a complaint with the AG's office or pursue civil action.