Public Officials

The Transparency Project of Georgia not only advocates for citizens — we have an interest in helping public officials understand and comply with Georgia's sunshine laws so they can serve the public right.

Protect Yourself — and the Public

Not sure what you can ethically discuss and who you can and cannot talk to regarding public policy? Not sure what constitutes an actual violation of the state's Sunshine Law? The Transparency Project of Georgia not only advocates for citizens of Georgia, but has an interest in helping to protect local public officials who simply want to serve the public and do the right things in the right ways.

Many sunshine law violations stem from ignorance, not malice. Officials who have not received formal training on the Open Meetings Act and Open Records Act can easily find themselves in violation without intending to obstruct public access. Understanding your obligations before a problem arises is always preferable to learning about them in the context of a complaint or enforcement action.

Key Obligations Under Georgia Sunshine Laws

As a Georgia public official, your primary sunshine law obligations include:

  • Open Meetings: Conduct all official business in properly noticed public meetings. A quorum of your board cannot gather to discuss official business outside of a properly noticed public meeting.
  • Executive Sessions: Use closed meetings only for the narrow permitted purposes — specific personnel deliberations, pending litigation with a tangible threat, or real estate acquisition. Enter executive session only by majority vote in open session.
  • Recording Rights: You must allow citizens to make audio and video recordings of public meetings. There are no exceptions to this right.
  • Open Records: Respond to Open Records Act requests within three business days. If you cannot fulfill a request, explain why in writing with a specific legal citation.
  • Meeting Notices: Post notice of all meetings at least one week in advance at the meeting location and on your agency's website.
  • Agendas and Minutes: Provide public agendas before meetings and make meeting summaries available within two business days.

Resources for Public Officials

The following resources are available to help public officials understand and fulfill their sunshine law obligations:

  • GFAF Red Book — "Georgia's Sunshine Laws: A Citizen's Guide to Open Government"
  • Georgia Municipal Association — Provides training and guidance for city officials
  • Association County Commissioners of Georgia (ACCG) — Resources for county commissioners
  • Georgia School Boards Association — Training for board of education members
  • Georgia Attorney General's Office — Legal guidance and education programs

We will share your questions about open meetings legislation and public records, and — along with project participants — help by providing appropriate documentation and source materials. Post your questions below or send your inquiry to Georgia Transparency Project Director Jim Zachary at [email protected].

Disclaimer: The Transparency Project of Georgia does not provide legal counsel. The opinions expressed on this site do not constitute a legal opinion and should not be used as a legal argument or defense. This project is a research and information resource. Consult a licensed attorney for individual legal guidance.

Frequently Asked Questions for Public Officials

As a public official, what are my legal obligations under the Open Meetings Act?

You are required to conduct all official business in public meetings that are properly noticed in advance. If you wish to enter executive session for a permitted purpose, you must move for a majority vote in open session. Any votes on matters discussed in executive session must still be taken in open session.

You must post meeting notices at least one week in advance at the regular meeting location and on your agency's website. Agendas must be publicly available before the meeting. Minutes must be made available to the public within two business days and formally approved at the next meeting.

What are the consequences for a public official who violates Georgia's sunshine laws?

Violations of the Open Meetings Act can result in civil penalties of up to $1,000 per initial violation and $2,500 per subsequent violation. The Attorney General's office can bring enforcement actions, and citizens can pursue civil remedies in court.

Beyond legal penalties, violations can result in significant reputational and political damage. The Cumming open meetings case in 2014, in which a judge ordered the city to pay $12,000 in fines, was widely reported and served as a cautionary example for public officials across Georgia.

What topics are never appropriate for executive session under Georgia law?

Budget discussions, policy decisions, general public business, non-litigation legal advice on policy questions, media inquiries, routine administrative matters, and any topic that does not fall within the narrow permitted categories (specific personnel matters, pending litigation with a formal threat, or real estate acquisition/disposal) must occur in open session.

When in doubt, assume the meeting must be open. If you are unsure whether a topic is appropriate for executive session, consult your agency's legal counsel before closing the meeting, not during it.

How should I respond when a citizen records a public meeting?

You must allow it. Georgia's Open Meetings Act expressly provides that members of the public are allowed to make video and audio recordings of public meetings. You cannot prohibit, restrict, or interrupt recording without violating the law.

This right is not subject to reasonable restrictions on placement or disruption — citizens can record from their seats. If a citizen's recording equipment is genuinely disrupting the meeting (e.g., blocking sight lines or making excessive noise), you may request adjustments, but you cannot prohibit recording entirely.

What should I do if I receive an Open Records Act request?

Treat it as a legal obligation. You have three business days to respond — either by providing the records, explaining why they are being withheld (with a specific statutory citation), or communicating that more time is needed. A non-response is itself a violation.

Do not attempt to discourage the request or require the requester to explain their purpose. The Open Records Act gives citizens the right to records without requiring them to justify their interest.

Where can public officials get training on Georgia's sunshine laws?

The Georgia Press Association, the Georgia First Amendment Foundation, and the Georgia Municipal Association all provide training on sunshine law compliance. These organizations offer seminars, written guides, and consulting services for elected officials and government employees.

The GFAF's Red Book is an excellent starting point for any newly elected official. Understanding these obligations before a violation occurs is far preferable to learning about them in the context of an enforcement action.