Citizens' Rights in Georgia

Every citizen has the right to know what their government is doing. Here's how to exercise that right under Georgia's Sunshine Laws.

Your Rights as a Georgia Citizen

All citizens have a right to know what their government is doing. Each citizen has the right to access public records held by state and local government agencies. The Georgia Sunshine Laws — the Open Meetings Act and Open Records Act — are in place to ensure citizens can request and receive documents pertaining to their government, and can attend and observe government meetings.

These rights do not require you to be a journalist, an attorney, or a member of any particular organization. They belong to you as a Georgia citizen. The records were created by government employees on government time using government resources — which means they belong to the public, and that means they belong to you.

Making an Open Records Request

To get public documents, citizens make an Open Records Request. The more specific the request, the better. Clearly identify:

  • The specific records you are seeking (by name, type, date range, etc.)
  • The agency you are requesting from
  • Your preferred format (paper copies, electronic files, etc.)
  • Your contact information

Per the sunshine laws, governments have three business days to honor a request or explain why the documents are unavailable. If the agency needs more time due to the volume or complexity of the request, it must communicate this in writing within those three business days and provide an estimated completion date.

Start Informally, Then Escalate

Jim Zachary, editor of the Clayton News Daily and Henry Daily Herald and director of the Transparency Project of Georgia, advises that it is generally wise to make an informal request first.

"There is no need to be heavy-handed," Zachary said. "Most people who work in local government offices want to do the right thing and will have no problem providing requested documents, but remember, honey almost always works better than vinegar."

A simple, polite request — in person or by email — is often all it takes. However, Zachary emphasizes that citizens need to understand that when government officials deny a request, they should be persistent.

"They're asking for something that belongs to them," Zachary said. "They should feel like they can just go into a place like city hall and ask." Public records requests should never be viewed as controversial or out of the ordinary — it is an everyday exercise of citizenship.

When a Request Is Denied

If your initial request is denied, move to a more formal approach. Submit your Open Records Request in writing, either using a form provided by the government agency or writing a letter that explicitly invokes the Georgia Open Records Act, O.C.G.A. § 50-18-70.

When a local government denies a request, they are required by law to not only explain the reason for the denial but to specifically identify the code section in state law they are using as the basis for denial. A denial that does not cite a specific legal basis is itself a violation.

Keep copies of all correspondence — your request, the agency's response, and any follow-up communications. This documentation will be essential if you need to escalate further.

Attorney General's Mediation Program

If your formal request is denied and you believe the laws are being violated, contact the Georgia Attorney General's office to find out the next steps. The Attorney General's office operates an Open Government Mediation Program designed specifically to help citizens.

"We work with governments to make sure citizens are getting what they ask for," said Lauren Kane, communications director for the Attorney General's office. The AG acts as a neutral third party — not on behalf of the citizen or the government, but to ensure the law is being followed.

"Most of the time, governments don't realize they're in violation of the law," Kane said. The program has handled hundreds of complaints, and in the vast majority of cases, the government agency provides the requested records once contacted by the AG's office. You can reach the program at (404) 656-7298.

Your Rights at Open Meetings

In addition to records access, Georgia citizens have the right to attend virtually all public meetings of government bodies — city councils, county commissions, school boards, hospital authorities, and more. The Open Meetings Act requires:

  • Advance public notice of meetings
  • Publicly available agendas
  • Minutes that accurately record the proceedings
  • All votes to occur in open session, even if deliberation occurred in executive session
  • The right to make audio and video recordings of public meetings

If you are attending a public meeting and are told you cannot record, or if the meeting is improperly closed to the public without a formal executive session vote, document what occurred and contact the Attorney General's office.

Disclaimer: The Transparency Project of Georgia does not provide legal counsel. Consult a licensed attorney for individual legal guidance.

Frequently Asked Questions

Do I need to be a journalist to request public records in Georgia?

Absolutely not. Every Georgia citizen — regardless of profession, age, or reason — has the right to request and receive copies of public records held by government agencies. The Open Records Act does not require requesters to explain why they want the records.

This is one of the most misunderstood aspects of Georgia sunshine law. Citizens sometimes feel they need to justify their request or provide credentials. You do not. The records belong to the public, and you are the public.

How long does the government have to respond to my records request?

Under the Georgia Open Records Act, government agencies have three business days to respond to a records request. The response must either provide the records, explain why the records are being withheld, or communicate that more time is needed and provide an estimated completion date.

A complete non-response is itself a violation of the law. If you have submitted a request and received no response after three business days, you have grounds to escalate through the Attorney General's mediation program.

Can a government agency charge me for copies of public records?

Yes, within limits. Georgia law allows agencies to charge for the actual cost of searching, retrieving, reviewing, and copying records. However, they cannot use fees as a means of discouraging legitimate requests. Some records are available at no charge, particularly when they can be provided in electronic format.

If an agency quotes you a fee that seems excessive, you can request an itemized breakdown of the costs. Fee schedules should be publicly available. The first 15 minutes of employee time is typically provided at no charge.

What kinds of government records are most commonly requested in Georgia?

Citizens most frequently request budget documents, meeting minutes and agendas, contracts with vendors, employee compensation records, police incident reports, building permits, and correspondence between officials. All of these are generally public.

Some records are partially exempt — for example, certain personal information in personnel files, trade secrets in contracts, and ongoing criminal investigation details. But the existence of a partial exemption does not justify withholding the entire document. Non-exempt portions must still be disclosed.

What is the Georgia First Amendment Foundation and how can it help me?

The Georgia First Amendment Foundation (GFAF) is a non-profit organization dedicated to protecting and advancing First Amendment rights in Georgia, with a particular focus on open government. The GFAF publishes free guides to Georgia sunshine laws, operates educational programs, and advocates for stronger transparency legislation.

Their publications — including the Red Book on sunshine laws, the Blue Book on police records, and the Green Book on school records — are available for free download through our GFAF Resources page. The Foundation also maintains a legal referral program for citizens who need an attorney familiar with open government law.

What if my local government refuses to tell me when its next meeting is?

This would be a clear violation of the Open Meetings Act. Georgia law requires government bodies to post notice of regular meetings at least one week in advance at a conspicuous location and on the agency's website. The failure to post meeting notices is separately enforceable.

Contact the agency in writing first, then contact the Georgia Attorney General's office if you continue to be denied access to meeting schedules. Journalists in your community can also amplify this type of systematic obstruction.