G.A 
1. t.'s.rs 
rn, 
dtl'J- 
L. 
 
 A. Accident reports 
Georgia Uniform Motor Vehicle Accident Reports are .m1h: subject to 
public disclosure under the Open Records Act upon the receipt of a "writtenstatement of need" by a person(s) or entityentitled to the report. A model "statement of need" is contained in Appendix 2. Examples of those entitled to obtainaccident reports include an individual who: 
 Has a personal, professional, or business connection with a party to the accident; owns or leases an interest in property allegedly or actuallydamaged in the accident; 
 Was allegedly or actually injured by the accident; was a witness to the accident; the actual or alleged insurer of a partyto the accident or of property actually or allegedly damaged by the accident; 
 Is a prosecutor or a publicly employed law enforcement officer; 
 Is allegedto be liableto anotherpartyas a resultof the accident; 
 Is an attorney statinghe or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; 
 Is gathering information as a representative of a news media organization; 
 Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, streetaddress,telephone number, and driver's license number redacted. 
Individual driver history compilations and motor vehicle registration information provided by the Georgia Department of MotorVehicle Safety (DMVS) must be withheld. A driver's day and month of birth also may be withheld. However, information gathered from the accident scene, including drivers' license numbers, tag numbers, and vehicle registration numbers mustbe disclosed.' 
10I A law Enlon::emenl OlIi....s Guideto Open Records 
 
 B. Arrest records 
Arrest and booking records along with a photograph (mug shot) of an individual are subject to the Act's disclosure requirements.' 
C. Autopsy/coroner reports 
Autopsy and coroner's reports, except autopsy photographs, are subject to the Act's disclosure requirements." 
D. Case files (investigative records) 
1. Records in an active investigation or pending prosecution, other than initial public arrest reports and initial incident reports, are not required to be released. However, an investigation is no longer deemed to be active when investigative activity has ceased or there is no imminent prosecution. A prosecution is no longer deemed to be pending when all direct litigation has become fmal or otherwise terminated. 
2. Records in closed investigations are subject to the Act's disclosure requirements.' 
E. Citations 
Uniform Traffic Citations (UTC's) are subject to the Act's disclosure requirements." 
F. Crime laboratory reports 
Crime laboratory (GBI Division of Forensic Sciences or "DOFS") reports on "closed cases" are subject to the Act's disclosure requirements." 
G. Criminal histories 
Georgia Crime Information Center (GCIC) or other state, federal, or international criminal history compilations must be withheld, except for any portion of a history containing Georgia felony convictions, which must be disclosed. But, when a criminal history record is in a closed investigatory case file, it is subject to the Act's disclosure requirements.! 
A law Enforcement otIioe(s Guide to Open Records/II 
 
 H. Department policies and procedures 
Most departmental policies and procedures are subject to the Act's disclosure requirements. However, departmental policies and procedures which contain information that would divulge the identity of confidential informants or investigations, and information that would jeopardize the life or personal safety of any person are not required to bereleased," 
I. Driving historieslDepartment of Motor Vehicle Safety records 
The Georgia Department of Motor Vehicle Safety (DMVS) is prohibited from releasing driving histories or personal information on individual drivers. However, driving histories that have been incorporated by a law enforcement agency into a closed investigatory case file, are subject to the Act's disclosure requirements. to 
J. Electronic surveillance 
The "pending investigations/prosecutions" exemption applies to electronic surveillance. This includes attempts, means, methods, results, and even failures, by law enforcement, so long as the investigation and/or prosecution is pending. 
State law prohibits any publication of information obtained under an electronic surveillance warrant "other than that necessary and essential to the preparation of and actual prosecution for the crime specified in the warrant." 
Federal law also addresses the disclosure of legally intercepted wire, oral and electronic communications. It provides as follows: 
 An investigator or other officer who has legally obtained such information may disclose it to another investigator or officer if pursuant to the official duties of both. 
 Any person who has legally obtained such information may disclose it while giving testimony under oath in any court proceeding. 
However, the contents of intercepted communications that have already become "public information" or part of a public record may be disclosed." 
12/ A LawEnfo"",,,,,,nt OtlIcers Guide 10Open Reconls 
 
 K. Family violence records 
Reports relating to investigations of family violence are not subject to release under the Open Records Act unless an arrest has been made in the incidenns)." 
L. In-car camera videotapes 
Police in-car camera videotapes in "closed cases" are subject to the Act's disclosure requirements." 
M. Initial incident reports 
Initial incident and police arrest reports are subject to the Act's disclosure requirements, regardless of whether they are part of an active investigation. Additionally, any report, whether entitled a "supplemental report," "narrative report," or similar document name that is produced as part of an initial incident report or can be characterized as such, is likewise to be disclosed." 
N. Internal Affairs records 
Investigative records of a government agency relating to the suspension, firing, or investigation of complaints against a public employee are subject to the Act's disclosure requirements 10 days after the investigative record is submitted to the agency for action or the investigation is otherwise concluded or terminated. IS 
O. Jail documents 
Sheriffs are required to keep a record of all persons committed to the jail of the county of which he or she is sheriff. This record must contain the name of the person committed, such person's age, sex, race, under what process such person was committed and from what court the process was issued, the crime with which the person was charged, the date of such person's commitment to jail, the day of such person's discharge, under what order such person was discharged, and the court from which the order issued. This record is subject to the Act's disclosure requirements." 
 
 P. 911 materials 
911 materials and computer-aided dispatch (CAD) records are subject to the Act's disclosure requirements. 17 
Q. Probation and parole records 
All records relative to the statewide probation system are confidential and exempt from release, even by subpoena or under the Open Records Act, unless declassified by a majority vote of the Board of Corrections. All records relative to the supervision of probationers by private corporations also are exempt from release under the Open Records Act. 
All information, both oral and written, received by the members of the State Board of Pardons and Paroles in the performance of their duties also is confidential and exempt from release, even by subpoena or under the Open Records Act, unless declassified by a majority vote of the State Board of Pardons and Parole. However, an alleged parole or probation violator may review the evidence introduced against him at a fmal hearing on the matter of revocation of parole or conditional release.IS 
R. Photographs 
Photographs in "closed cases" are subject to the Act's disclosure requirements. However, autopsy photographs are not subject to disclosure unless requested by a family member who provides proof of kinship or otherwise provides a written release. 19 
S. Records from other law enforcement agencies 
Records from a government agency that are incorporated into a closed case are subject to the Act's disclosure requirements unless excluded by a specific exemption. For example, certain federal records that are required to be kept confidential, Department of Family and Children Services records relating to child abuse, and/or records from the Department of Corrections are generally not subject to public disclosure. 
Because some records or information received from a federal law enforcement agency may be required to be kept confidential, it is advisable to contact the federal law enforcement agency for guidance regarding public disclosure." 
14/ A law Enfo""menl Otlieara Guide '" Open Reeorda 
 
 IV. PERSONNEL RECORDS 
Personnel records of law enforcement personnel are generally subject to public disclosure, but it is permissible to redact: 
For any person in the records:  SocialSecurity number  Day/ monthof birth  Financial information  Insurance/medical information 
For sworn law enforcement officers: 
 Address  Home telephone number  Identification of immediate family or dependants 
In certain circumstances, news agencies, however, may obtain, upon properrequest, SocialSecurity numbers and day/month of birth." 
The following are examples of personnel records: 
A. Applications for employment 
Applications for employment are subjectto the Act's disclosure requirementsafter redaction of the information cited above." 
B. Background investigations 
Background investigations are subject to the Act's disclosure requirements with the exception of confidential evaluations, or examinations undertaken in connection with the employee'sappointment or hiring." 
C. Benefits selections/payroll deductions 
Employee benefits selections and payroll deductions are exempt from release." 
D. Birth certificates 
Birthcertificates are exempt from release." 
A Law Enforcement Officer'sGuideto Open Rec:or<ls 115 
 
 E. Certificates of training 
Certificates of training and course completion are subject to the Act's disclosure requirements after redaction of the information cited above." 
F. Commendations 
Commendations are subject to the Act's disclosure requirements. However, information in commendations which may disclose pending investigations or criminal intelligence may be withheld." 
G. Criminal history background checks 
Criminal history background checks which have been incorporated into a personnel file are subject to the Act's disclosure requirements." 
H. DD-214s (military discharge forms) 
Military discharge forms (OD-214s) are exempt from release and must not be disclosed pursuant to the Open Records Act until after a period of 50 years has elapsed from the date of its filing." 
I. Driver's license information 
Driver's license information which has been incorporated into a personnel file is subject to the Act's disclosure requirements." 
J. Financial records 
Personal financial data (bank account numbers, direct deposit information, etc.) is exempt from release. The salary and other compensation paid to an employee, however, is subject to the Act's disclosure requirements." 
K. Health insurance records 
Health insurance records are exempt from release." 
L. Medical records 
Medical records are exempt from release." 
16/ A lAw Enforcement OfIice(s Guide10Open Records 
 
 M. Performance evaluations 
Performance evaluations are subject to the Act's disclosure requirements after redaction of the information cited above." 
N. Peace Officer Standards and Training certification records 
Georgia Peace Officer Standards and Training (POST) certification records are subject to the Act's disclosure requirements after redaction of the information cited above." 
O. Reprimands/adverse personnel actions 
Reprimands and adverse personnel actions are subject to the Act's disclosure requirements after redaction of the information cited above." 
P. Training records 
Training records are subject to the Act's disclosure requirements after redaction of the information cited above." 
V. JUVENILE RECORDS 
A. Public inspection of records generally 
Although interpretations of the law on the right of public access to some juvenile law enforcement records vary, there is agreement that the following juvenile records should be disclosed to the public by law enforcement: 
For juveniles age 13 or over: 
Incident reports, arrest reports, or closed case files involving crimes that are in the exclusive jurisdiction of the Superior Court or that have been transferred to the Superior Court. These crimes include: 
1. Murder 2. Voluntary manslaughter. 3. Rape 4. Aggravated sodomy 
A l.lIw Enforcemonl otIice(. Guide to Open Record.fl7 
 
 5. Aggravated child molestation 6. Aggravated sexual battery 7. Armed robbery 
 Incident reports, arrest reports, or closed case files involving crimes identified as designated felony acts in the Juvenile Court Code. 
For juveniles age 13 or over: 
1. A second or subsequent charge of possession ofa handgun 2. Kidnapping 3. Arson in the first or second degree 4. Aggravated assault 5. Aggravated battery 6. Robbery 7. Battery on a teacher or other school personnel 8. Attempted murder 9. Attempted kidnapping lO. Hijacking a motor vehicle II. Possession or manufacture of a destructive device 
For any age: 
I. Carrying or possession of weapon near school property 2. Second or subsequent charge for possession of a hoax 
explosive device 3. Drug trafficking 4. Criminal racketeering 5. Participation in criminal street gangs 6. Escape, ifjuvenile previously adjudicated guilty ofa 
designated felony 7. Theft of a motor vehicle 
 Incident reports, arrest reports, or closed case files that concern a juvenile who has previously been adjudicated delinquent. 
 Incident reports, arrest reports, accident reports or closed case files involving juvenile traffic offenses (unless the offense is transferred by the juvenile court to the delinquency calendar). 
181ALaw Enton:.mwnl 0Ilicer'. Guide .. Open Recml. 
 
 Records relating to charges which a juvenile court adjudicated in open court, or records otherwise authorized for disclosure by a juvenile COurt.38 
B. Juvenile witnesses/victims 
Incident reports, arrest reports and closed investigations where juveniles appear as witnesses or victims should be disclosed. The law does not permit a witness or victim's name to be redacted because of age. 
C. Publication of the name or picture of a juvenile 
Although the Georgia Code states that the news media may not publish "the name or picture of any child under the jurisdiction of the juvenile court for the first time," this code section has been ruled unconstitutional." 
VI. THE OPEN RECORDS PROCESS 
A. Release of records 
The department's "records custodian" is generally responsible for compliance with the Open Records Act. This individual may be a designated staff person or the agency head. 
A written request for open records is not required by law. However, it is advisable to log or attempt to obtain such requests in writing, to eliminate any dispute as to what was requested or when the request was made. A sample Open Records Act request is attached as Appendix 1. A sample model by which to log a verbal Open Records Act request is attached as Appendix 5. 
When records are readily available and subject to public access, they must be provided immediately. When this is not the case, the custodian of records is allowed a "reasonable amount of time" to determine whether the requested records are subject to access under the law. In no event shall this time exceed three business days. The records custodian must respond in one of three ways: 
1. If the records exist, are available, and subject to public disclosure 
A LawEnron:emont OtIicer'1 Guide 10Open Recordl/19 
 
  under the Open Records Act, the records custodian must permit inspection and copying. 
2. If the records exist and are subject to public disclosure but are not available within three business days of the request, a written description of such records and a timetable for their inspection and copying must be provided within the three-day period. 
3. If access to a record is denied in whole or in part, the records custodian must provide, in writing, the specific legal authority exempting such record from release. 
Appendix 3 includes several sample model responses to Open Records Act requests. Appendix 4 is a flow chart showing how to process an Open Records Act request. 
NOTE: Any person who knowingly or willfully violates the provisions of the Open Records Act by failing or refusing to provide access to records not subject to an exception under the Open Records Act, or by failing or refusing to provide access to records within the time limits set forth in the Open Records Act, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fme not to exceed $100. 
B. Non-existent records 
If a report, summary, or compilation is not in existence at the time of the request, the records custodian is not required to prepare one in order to respond to the request. 
However, if the record already exists and is subject to disclosure, the custodian must permit inspection and copying." 
C. Electronic records 
Records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to records not requested or records exempt from release." 
20 I A L6N Enro"",mont Otlicer's Guid. to Open Records 
 
 D. Appropriate charges 
1. Fee notification requirement 
An agency is not required to charge for complying with an Open Records Act request and may waive any charges. 
However, if a fee is to be charged, the agency must notify the requester of the estimated costs associated with processing the records within the three day period and prior to fulfilling the request.f 
2. Optional charges 
An agency may charge a reasonable fee for the administrative costs associated with the search, retrieval, review, copying, reproduction and mailing of public records. However, an agency must provide copies of requested documents "in the most economical means available." For any charge, it is the agency's burden to demonstrate the charge meets this standard. 
Agencies may recover copying costs, but must be able to substantiate the per page charge imposed. Unless otherwise specified by state law, an agency may not charge more than 25 per page for each copy. 
Hourly charges for administrative/clerical tasks may not exceed the salary of the lowest paid, full-time employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. No charge may be made for the first quarter-hour of administrative time. 
Where the information requested is maintained by computer, an agency may charge the public its actual cost of a computer disk or tape onto which the information is transferred. However, no charges other than those directly attributable to providing access may be charged where the records are made available by electronic means. 
The Georgia Supreme Court has held that no fee may be charged when a person seeks only to review records that are routinely subject to public inspection, such as deeds, city ordinances and zoning maps. An agency also may not charge for time its attorneys spend advising whether records should be disclosed." 
A LlIwEnforcementOtIice~. Guide to Open Record./21 
 
 3. Specifically permissible charges in excess of 25 per page 
The Department of PublicSafetymay chargea fee of $5 for eachcopyof any accidentreportreceived and maintained by the agency." 
The Georgia Bureau of Investigation may charge an individual a maximum fee of $20 for a criminal history." 
VII. NEWS MEDIA ACCESS 
For the most part, the news media has the same rights of access to information as the public. However, in certain instances, the news media has severaladditional rightsof access. 
For example, the news media has access to motor vehicle accident reports if it is gathering information for newsreporting." Additionally, the news media has access to individual Social Security numbers and other similar information." 
As a general rule, the news media has the right to conductnews gathering activities, free from government interference, on property opento the public and from publicly owned property. Government officials may restrict the news media and public from crime and accident scenes only to the extent necessary to preserve the integrity of a site for investigation purposes, for ingress and egress of emergency vehicles, or other reasons of protecting againstdamage to persons or property. 
Absenta court order,government officials haveno rightto restrictphotographs that may be taken or interviews that witnesses are willingto give to the media. If privateproperty owners objectto the presence of the media on their property, law enforcement officers mayenforce trespass laws against the journalists. No law enforcement officer or other public official should demand the film, cameras or notes of reporters or photographers. 
VIII. RECORDS RETENTION 
The retention of publicrecords is a statutory requirement described in the Georgia Records Act. Public officials have the responsibility to ensure 
22/ A LawEnlorc>tm.nt Officer, Guldtl to OpenRecord' 
 
 that records created within their officeberetained as long as required by an approved retention schedule. These schedules are created under the direction of the Archives and History Division of the Georgia Secretary of Stateand with the approval of the StateRecords Committee. 
Local law enforcement agencies that do not have established record retention schedules should adopt the state's public safety retention schedules for specific record categories. State law enforcement agencies may use their own approved retention schedules or those on the statewide schedule. 
Questions regarding the use of and creation of retention schedules should be directed to the Records Management Services section of the State Archives of Georgia. They may be reached at (404) 656-2379. Additional information is available at the program's Internet site at http://www.sos.state.ga.uslarchives/rms/grms.htm 
IX. CONCLUSION 
Lawenforcement officers shouldremember that the general rule for open records compliance is one of public disclosure. The Open Records Act mandates that law enforcement records are subject to public inspection and copying unless specific exemptions exist to exclude their release. It is improper for law enforcement officers to circumvent the requirements of the OpenRecords Actand to restrict publicaccess to these records. 
 
 APPENDIX 1 
 
Sample Open Records Request 
 
NOTE: If you want to have evidence of the date of delivery, then delivery can be by hand delivery or by certified mail, return receipt requested. 
[Requestor's letterhead] 
[Date] 
 
[Custodian's name] [Agency's name] [Street address] [City, State, Zip] 
 
To whom it may concern: 
 
Pursuant to the Georgia Open Records Law (O.C.G.A  50-18-70 et seq.) (the "Law"), 
 
you are hereby requested to make available for review and copying all files, records and 
 
other documents in your possessions that refer, reflect or relate to 
 
_ 
 
This request includes, but is not limited to, all documents, notes, correspondence and 
 
memoranda evidencing 
 
, and all communication and correspondence 
 
in whatever tangible medium between 
 
_ _ _ _ _ _ and 
 
_ 
 
and among 
 
If this request is denied in whole or in part, we ask that you cite in writing the specific 
statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law. 
As you know, the Law requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. 
Sincerely, 
 
[Your name] [Your title] [Your fax number] 
24/ A l.8w Enlofcemont Otlicer'. Guide to Open Record. 
 
 APPENDIX 2 
Accident Reports: 
Pursuant to O.C.G.A.  50-18-72a 
 
Sample Statement ofNeed 
 
Date: 
 
_ 
 
To: 
 
Custodian of the Records 
 
From: 
 
Re: 
 
Motor Vehicle Accident Report No. 
 
_ 
 
o I have a personal, professional, or business relationship with 
 
' 
 
o I own or lease an interest in 
 
_ 
 
o I was allegedly or actually injured by the accident which is the subject of this report. 
 
o I was a witness to the accident which is the subject ofthis report. 
 
o I am the actual or alleged insurer ofa party to the accident or of property actually or 
allegedly damaged by the accident which is the subject of this report. 
 
o I am a prosecutor or a publicly employed law enforcement officer. 
 
o I am alleged to be liable to another party as a result of the accident which is the sub- 
ject ofthis report. 
 
o I am an attorney and need the requested reports as part of a criminal case, or an in- 
vestigation of a potential claim involving contentions that a roadway, railroad cross- 
ing, or intersection is unsafe. 
 
o I am a representative for 
 
. I am obtaining access to 
 
motor vehicle accident reports for the sole purpose of news gathering for my news 
 
media organization. 
 
o I am conducting research in the public interest for such purposes as accident preven- 
tion, prevention of injuries or damages in accidents, determination of fault in an 
accident or accidents, or other similar purposes. 
 
Signature 
A law Enforcement OfIice(1 Guide to Open Reconll/25 
 
 APPENDIX 3 
. Sample Response' 
Records Available 
 
Sample Responses to Open Records Requests [Agency's letterhead] 
 
Date ofresponse must be within three business days ofwhen request was received by the department. 
 
September I, 2002 
- : ~John Q. Public 
123 Main St. Anytown, Ga 30001 
Reference: Complete murder investigation case file ofJane Doe 
 
Dear Mr. Public: 
 
The following is in response to your Open Records 
 
request, received by the [Department] on August 30, 
 
i:lf 2002, regarding the above referenced item. A search 
 
/ The response 
should include the date the request was received. 
 
for the requested information was made and six case volumes have been identified and are available for review. In addition, the [Department] expects to exempt the following information from dissemination: 
 
/ 
List all information that is exempt from dissemination and cite the specific Georgia Law that exempts the information. The list ofexemptions must appear in the initial letter sent to the requestor. 
 
1. Social Security numbers, month and day of birth [See O.C.G.A.  50-I8-72(a)(I l.3XA)] 
11 
2. Any record or related material which identifies any confidential source [See O.C.G.A.  50-1872 (aX3)] 
Please contact [Specify name] at [Telephone num- 
ber] to make arrangements to review the records. 
If you wish to retain a copy of the records or would like the records to be sent directly to you, an invoice for the total administrative costs associated with the preparation ofthe records is enclosed. 
Sincerely, 
 
[Respondent's name] [Title] 
 
26/ A lJIw Enforcement Ollice(s Guide to Open Records 
 
 APPENDIX 3 
 
Sample Responses to Open Records Requests 
 
Sample Response: Cost Estimate 
Ifthe invoice is the initialletter, the 
V date ofresponse 
must be within three businessdays of when request was received by the department. 
 
[Agency's letterhead] 
September I, 2002 
V 
John Q. Public 123 Main St. Anytown, Ga. 3000I 
 
If the invoice is the Iinitial letter ofresponse,be sure to list all informationthat is exempt from dissemination as depicted in the previous sample. 
 
Reference: Completemurder investigationcase file ofJane Doe 
 
Dear Mr. Public: 
 
The invoiceshould be an itemized listing of the charges. Search, retrievaland review may be 
 
In response to your Open Records request, received by the [Department] on August 30, 2002, this will acknowledge the availability of the records requested on the above referencedsubject. The charge to provide copiesofthe records is as follows: 
 
chargedon an hourlybasis less 
 
l;lf2002 ORA Record # GI96L Qty 
 
Cost 
 
V the first 15 min- 
utes. The hourly 
 
Search,retrieval and review 0 f 1.0 records @ $24.09/hour 
 
$18.07 
 
chargemay not exceed the salary ofthe lowest paid full-time employee 
 
Photocopying of case file @ 0.5 $14.l2/hour 
 
Page(s)@ .25/page 
 
320 
 
$7.10 $80.00 
 
capableof fulfilling the request. Where no charge is 
 
Photographs@ S3/print 
 
20 
 
Other: Videotape@ SIO/copy I 
 
$60.00 $10.00 
 
specifiedin the 
 
Mailing costs (estimate) 
 
$5.00 
 
law for a record, the cost per page 
 
Total Cost 
 
$180.17 
 
may not exceed 25 
 
cents per page. 
 
O.C.G.A.  50-18- 
 
71(cXd) 
 
The methodof paymentand requirements should come from department policy. 
 
[Records custodian] [Department] [Street address] [City, State, Zip] 
A l.IIw Enforcement Officers Guide to Open Records 127 
 
 APPENDIX 4 
 
Sample Open Records Request Response Flow Chart 
 
"No Record Found" letter 
 
"Case Open" letter 
 
t---i~ 
 
"Case Pending" letter 
 
L-_~--r------' 
 
28/ A LJN Enforcement OlIicer's Guide to Open Records 
 
 APPENDIX 5 
o Telephone Request o Request madein Person 
Requestor Name: Requestor Address: 
 
Sample Open Records Request Log Sheet 
 
Date: 
 
_ 
 
Time: 
 
_ 
 
_ 
 
Requestor Phone: -'-( 
 
~ 
 
_ 
 
Typeof Records Requested: 
 
_ 
 
NameofIndividual (victim/suspect): 
 
_ 
 
DateofIncident: 
 
_ 
 
Countywhere occurred: 
 
_ 
 
CaseNumber (if available): 
 
_ 
 
Other information: 
 
_ 
 
Prepared By:_ _-::-_.,.-----:-::;--;--_ _ 
DepartmentEmployee 
" l8w Enforcement OtIice(s Guide to Open Rec:onls/29 
 
 GEORGIA LAW ENFORCEMENT 
AND THE OPEN RECORDS ACT 
A Law Enforcement Officer's Guide to Open Records in Georgia 
It is indeed my privilege to help provide to the members of Georgia's 
law enforcement community this valuable guidebook regarding Georgia's "open records" laws. This booklet will provide you with the resources needed to achieve a basic understanding ofGeorgia's Open Records Act, and will also provide you with guidance regarding some ofthe most frequent concerns about Open Records Act compliance, especially in the law enforcement context. 
The Office ofthe Attorney General has an important role to play regarding all of Georgia's "sunshine laws, " including those regarding access to public records. We take these responsibilities very seriously, and the Attorney General has long served as the government's watchdog on the enforcement ofopen government laws. Georgia has some ofthe strongest open government laws in the nation, a fact we should all be proud of I strongly believe that government operates best when it operates openly. 
As members ofthe law enforcement community, we must always be vigilant to ensure that the public we are sworn to protect and to serve is also protected in its rights to know what its government is doing. Moreover, it is often the case that law enforcement personnel are the most visible part of "government" that people encounter on a regular basis. It is critical, then, that you be as well informed as possible regarding the laws governing the access ofthe public to the information that government has. 
The purpose of this guidebook is to provide a brief, general and nontechnical discussion ofGeorgia's Open Records Act, so that all members ofGeorgia's law enforcement community can better understand how this law works and how it protects the rights ofall ofGeorgia's citizens to be well informed about their government. 
 
 APPENDIX 6 
 
Sample Open Records Cost Worksheet 
 
Thisworksheet can be usedto determine costestimates or serve as an invoice or receipt. 
 
The following are the actualcosts incurred in complying with the request to copy[AgencyJrecords 
pursuantto O.e.G.A.  501870. (Thereis no chargefor the firstquarterhourof timeexpended in recordpreparation.) The Open Records Act allowsan agency to waiveall feesshouldit so choose. The Act also authorizes an agency to charge up to 25 per page, provided that it uses the most economical means of copying reasonably available. There is no charge for simple inspection 0 records that are routinely subjectto publicdisclosure. No feesother than thosedirectly attributable to providing accessshallbe assessedwhererecordsare madeavailable by electronic means. 
_ _ Number of hours of search, retrieval & review 
~ (First 15 minutes - No charge) 
_ _ Total hours of preparation 
_ _ Number of hours copying 
 
___ Number of copies of audio tapes 
 
x [cost per copy] 
 
=$ 
 
_ _ Number of copies of video tapes 
 
x [cost per copy] 
 
=$ 
 
_ _ Number of copies of photographs 
 
x [cost per copy] 
 
=$ 
 
_ _ Number of CD-ROM's with digital photographs x [cost per CD-ROM] = $ 
 
Other agency cost (specify) Postage 
 
+ [actual cost] 
 
=$ 
 
+ [actual cost] 
 
=$ 
 
GRAND TOTAL =$ 
 
Case number/Description of records: 
 
Preparer's name: Amount received: $ 
 
Date: 
 
Received by: Signature 
 
Date: 
 
.. Hourly rate: The hourlycharge for administrative/clerical tasks may not exceedthe salaryof the lowestpaid, full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request 
 Copyrate: An agency may not chargemorethan 2S per pagefor each copy. 
 
30 I A LawEnforcement Officer'. Guide toOpen Record. 
 
 APPENDIX 7 
 
Information Exempt fromPublicDisclosure 
 
Publicdisclosure is not required for certainrecords and information, The following is a list of records and information exempt from release and the corresponding legal authority. Any agency or person who provides accessto information in good faith relianceon the requirements ofthe Open Records Act shall not be liable in any actionon accountof havingprovided access. 
** ** Before relying on an exemption,you must assure yourselfthat it applies 
 
EXEMPTION 
AIDSIHIV infonnation 
 
AUTHORITY 
 
DISCRETIONARY OR MANDATORY 
 
SQ.I8-72(aX2), 31-22-9.1(a) Mandatory (2), 24-9-47(b) 
 
Autopsy photographs (unless 4S-16-27(d) from family member with proof ofldnship) 
 
Mandatory 
 
Background investigations of 50-2712(e) applicants to the Lottery Corporation 
 
Mandatory 
 
Birth certificates 
 
31-1Q.2S(a) 
 
Burglar/fire alarminformation 50-18-72 (a)(11.2) 
 
Carpooling information 
 
SO-1872(a)(14) 
 
Mandatory Discretionary Discretionary 
 
Confidential informants 
 
SO-18-72(a)(3) 
 
Discretionary 
 
Creditreport 
 
15U.S.C. 1681b(aX4XO) Mandatory 
 
Confidential evaluations or SO-18-72(aXS) examinations in connection with new appointments or hires 
 
Discretionary 
 
II law Enforcement Officers Guideto Open Records I 31 
 
 APPENDIX 7 
Information Exempt fromPublicDisclosure 
** ** Before relying on an exemption,you must assure yourself that it applies 
 
EXEMPTION 
 
AUTHORITY 
 
DISCRETIONARY OR MANDATORY 
 
Confidential recordsconcerning 49-5-4O(b), but disclosure Mandatory 
 
reportsofchild abuse 
 
may be requiredby juvenile 
 
court order under 49-5-41 (b) 
 
or by law ifchild is de- 
 
ceasedpursuantto 49-541 
 
(c) 
 
Confidential grandjury testi- Federal RuleCriminal Pro- Mandatory 
 
mony 
 
cedure6(e),Kesslerv. State, 
 
249 Ga. 462,474 (1982) 
 
Criminal historyrecordsother 35-3-34(a) (I)(A), 35-3-34 Mandatory 
 
than in-Georgia felonyconvic- (d.1),35-3-38, 28 U.S.C.  
 
tious 
 
534 (NCICrecord)(but see 
 
ChapterllI(G) ofthis man- 
 
ual regarding disclosure 
 
when in closedcase fileand 
 
ChapterIV(G)whenin a 
 
personnel file) 
 
Deferred compensation salary 45-18-36(b) deductions 
 
Department of Corrections (classified inmatefiles) 
 
42-5-36(c) 
 
Department ofCorrections 42-536(b) (classified investigative reports and intelligence data prepared by InternalAffairs) 
 
Department ofHumanof'Re- 37-3-166(a) sourcesclinicalrecords 
 
Mandatory Mandatory Mandatory 
Mandatory 
 
Driver's licenseinformation to 40.5-2(b) the extentit is obtainedfrom Department ofMotorVehicle Safety 
 
Mandatory 
 
32 f A L.... Enfon:ement Otlieer'sGuide10Open R<lQlRIs 
 
 APPENDIX 7 
 
Information Exemptfrom Public Disclosure 
 
 Before relying on an exemption, you must assure yourself that it applies  
 
EXEMPTION 
 
AUTHORITY 
 
DISCRETIONARY OR MANDATORY 
 
Federalrecordsrequiredby the 50-18-72(a)(I),but see Mandatory 
 
federal governmentto be kept GeorgiaHospitalAssocia- 
 
confidential 
 
tion v, Ledbetter,260 Ga. 
 
477 (1990) (no requirement 
 
"that a report generatedby 
 
or used by the state for state 
 
purposesbe exemptedfrom 
 
disclosure merely because 
 
the report would be kept 
 
confidential if generatedor 
 
used by the federalgovern- 
 
ment.") 
 
Flexibleemployeebenefitplan 45-18-53(b) 
 
Mandatory 
 
Homeaddress,home telephone 50-18-72(a)(13.1) number,social securitynumber, and insuranceor medical infermationof teachersand employees ofa public school 
 
Discretionary 
 
Homeaddress, hometelephone 50-18-72(a)(13) number, social securitynumber, and insurance or medicalinformationof lawenforcement, ~udges, crimelab scientistsand correctional officers 
 
Discretionary 
 
Information received froman 25-2-33(d) insurancecompanyinvestigating a fireloss ofreal or personal property 
 
Mandatory, but review statute 
 
Information, the disclosure of whichwouldconstitutean actionableinvasionof privacy 
 
50-18-72(a)(2); Harris v. Mandatory Cox Enterprises, 256 Ga. 
299 (1986) ; Athensos- 
serverv. Anderson, 245 Ga. 63 (1980) ("where an incident is a matterof public interest,or the subjectmatter ofa public investigation, a publicationin connection therewith can be a violation of no one's legal right of privacy") 
 
A Law Enforcement Olli",,". Guide to Open R_I33 
 
 APPENDIX 7 
 
Information Exemptfrom PublicDisclosure 
 
 Before relying on an exemption, you must assure yourself that it applies  
 
EXEMPTION 
 
AUTHORITY 
 
DISCRETIONARY OR MANDATORY 
 
Confidential juvenilerecords 
 
IS-II-82(b), but see Chapter Mandatory V of this manualfor list of crimesfor whichdisclosure is required 
 
Medical records 
 
50-18-72(a)(2), (11.3) 
 
Mandatory 
 
Militarydischarge(DD-214) 15-6-72(c)(l) 
 
Mandatory 
 
Namel1D ofrape victim 
 
Doe v. BoardofRegents of Mandatory, but see Dye the University Systemof v. Wallace, 274 Ga. 257, Georgia, 215 Ga App. 684 n.1 (2001). (1994) 
 
Open investigation/pending prosecution 
 
SO-18-72(a)(4) 
 
Discretionary 
 
Pardonsand Parole Board (classifiedrecords) 
 
42-9-53(c) 
 
Probationrecords(classified 42-8-40 records) 
 
Mandatory Mandatory 
 
 APPENDIX 7 
 
Information Exempt from Public Disclosure 
 
 Bt(ort rtlying on an exemption, you must assure yourself that it applies  
 
EXEMPTION 
 
AUTHORITY 
 
SocialSecuritynumbers and insuranceor medical information containedin personnel records 
 
50-1S-72(a)(11.1) 
 
DISCRETIONARY OR MANDATORY 
Discretionary 
 
Social Security number, 
 
50-IS72(a)(ll.3)(A) 
 
mother'smaidenname, day and 
 
monthofbirth, and credit, bank 
 
account,insuranceand medical 
 
information 
 
Mandatory,but see media exception Chapter IV ofthis manual. 
 
Confidential surveillancel investigation 
 
50-IS-72(a)(3) 
 
Discretionary 
 
Confidential tax information 
 
4S-7-60(a),4S-7-61(a)(b) Mandatory,but see 40-7(c), Bowersv. Shelton, 265 31.1 Ga 247 (1995) 
 
Vehicletag numberand registrationto the extent it is obtained fromthe Departmentof Motor Vehicle Safety 
 
40-2-130(c) 
 
Mandatory 
 
Whistleblower'sidentity 
 
45-1-4 (c) 
 
(publicemployeeissuing a 
 
complaintor providinginforma- 
 
tion concerning the possible 
 
existenceofany activityconsti- 
 
tuting fraud, waste, and abuse in 
 
or relatingto any state programs 
 
and operations) 
 
Mandatory 
 
Wiretap(technicaldata) 
 
16-11-64(b)(S),50-1S-72(a) Mandatory (3) 
 
Wiretap(records/documents of) 16-11-64(b)(S) 
 
Mandatory 
 
A lJIw Enforcement Oflice(s Guide 10Open Records' 3S 
 
 ENDNOTES 
A Law Enforcement Officer's Guide to Open Records in Georgia 
1. See D.C.G.A  50-18-72(a)(4); Parkerv, Lee,259 Ga. 195(1989);Napperv. Georgia Television,257 Ga.156(1987). 
2. See D.C.G.A  50-18-72(a)(4.1), 40-2-130(c) 
3. See D.C.G.A.  17-4-27,50-18-72(a)(4); Lebisv. State, 212 Ga. App. 481 (1994). 
4. See Kilgore v. R.W. Page Corp., 259 Ga. 556 (1989). 
5. See D.C-G.A  50-18-72(a)(4); Lebisv. State, 212 Ga. App. 481 (1994). 6. See Wallerv, The State, 231 Ga. App, 323 (1998)(UTC as a court record). 
7. See D.C.G.A  50-18-72(a)(4). 
8. See D.C.G.A.  35-3-34(a)(1)(A),35-3-34(<11); Napperv, GeorgiaTelevision, 257 Ga. 156(1987). 
9. See D.C.G.A  50-18-72(a)(3). 
10. See D.C.G.A.40-5-2(b),50-18-72(a)(4), (4.1); Napperv. GeorgiaTelevision, 257 Gs. 156 (1987). 
11. See D.C.G.A.  16-11-62, 16-11-64; 18 U.S.C.  2517;U.S. SenateJudiciaryCommittee report on Title III; Sen. Rpt, No. 1097,90th Cong., 2d Sess. at 93, reprinted in 1968US Code, Congo & AdminNews, 2112, 2118. 
12. See D.C.G.A  17-4-20. I(d), 49-5-41(e). 
13. See D.C.G.A  50-18-72(a)(4). 
14. See D.C.G.A  40-5-2(b),50-18-72(a)(4); Napperv.GeorgiaTelevision., 257 Ga. 156 (1987),Seealso AtlantaJournaland Constitution, et al. V. City of Brunswick, et aI., 265 Ga. 413 (1995). 
IS. See D.C.G.A  50-18-72(a)(5); Fincherv. State, 231 Ga. App, 49 (1998). 
16. See D.C.G.A.  42-4-7. 
17. See RobertAllen V. Athens-Clarke Countyet ai, SuperiorCourtof Athens-Clarke County,Case No.: SU-99-CV-1112-J (Aug. 2, 1999)(''911 tapes and CADtranscripts are not exemptedby exception(a)(4; The Bainbridge Post Searchlight, Inc. v, DecaturCounty,Georgiaet al., Case No. 96-V-302(Sept.10, 1996)(''911 incident cards are public records"). 
18. See D.C.G.A.  42-8-40,42-8-106,42-9-53. 
38/ A Law Enlotcement otIicers Guide to Open Records 
 
 ENDNOTES 
A Law Enforcement Officer's Guide to Open Records in Georgia 
19. See O.C.G.A  4S-16-27(d). 20. See O.C.GA  5o.I8-72(a)(I); Napper v, Georgia Television, 887 F2d. 1528 (11th 
Cir.1989). 21. See Hackworth v, Board ofEdueation, 214 Ga. App. 17 (1994) ("Given that the 
legislature was aware ofthe language ofthe federal statute and yet chose to omit personnel records from the Georgia exemption... we conclude it was not the intent ofthe legislature to create a "blanket" exclusion for personnel records."); O.C.GA  50-17-72(I1.3)(A). Consult with your legal advisor as to the applicability ofthe news media exemption to sworn law enforcement officer's data. 
22. See O.C.G.A.  SO-IS-72(aXl1.3XA), 50-18-72(13). 
23. See O.C.GA  50-1S-72(a)(5). 
24. See O.C.G.A.  45-1S-53(b). 
25. SeeO.C.GA31-lo.25. 
26. See O.C.GA  50-18-72(aXll.3)(A), 50-18-72(13). 
27. See O.C.GA  50-18-72(a)(4); 28 CFR  23.20(f)(1). 
28. See O.C.GA  35-3-34 (a)(lXA), 3S-3-34(d.I); Napper v.Georgia Television, 257 Ga. 156 (1987). 
29. See O.C-GA  IS-6-72(c)(I). 
30. See Napper v. Georgia Television, 257 Ga. 156 (1987). 
31. SeeO.C.GA  5o.lS-72(a)(11.3)(A). 
32. SeeO.C.GA 50-18-72(a)(I1.3)(A). 
33. See O.C.GA  50-18-72(aX2), SO-18-72(a)(11J)(A), 50-1S-72(13). 
34. See O.C.GA  5Q-18-72(a)(1l.3XA), SQ.18-72(13). 
35. See O.C.G.A.  SO-18-72(aXI1.3XA), 50-18-72(13). 
36. See O.C.G.A.  50-18-72(aXl1.3XA), 50-18-72(13). 37. See O.C.G.A.  SO-IS-72(a)(11.3XA), 50-18-72(13). 
38. See generally O.C.GA  IS-11-83, 15-11-82,15-11-79,15-11-78,15-11-73,1511-63,IS-11-28. 
 
 ENDNOTES A Law Enforcement Officer's Guideto OpenRecords in Georgia 
39. See generally O.C.G.A.  15-11-S3(g)(I); Florida Publishing Co. v. Morgan, 253 Ga, (19S4); Op. Att'y Gen. SO-l1. 
40. See O.C.G.A  50-IS-70(d),(t), 50-IS-72(h). 41. See O.C.G.A  50-1S-70(g). 42. See O.C.G.A  50-1S-71.2. 43. See O.C.G.A  50-1S-71(a)-(t), 50-1S-71.2; McFrugal Rental of Riverdale v. Garr, 
262 Ga. 369 (1992). 44. See O.C.G.A.  40-9-30. 45. See O.C.G.A. 35-3-34(d.3). 46. See O.C.G.A.  50-1S-72(aX4.1). 47. See O.C.G.A.  50-1S-72(aX11.3)(A). 
38/ A t..w Enron:.mont0tIicer'. Guide 10Open Record. 
 
  Georgia has a long and proud tradition of encouraging openness for government records. As Chief Justice Charles L. Weltner stated in the case ofDavis v. City ofMacon: "Publicmen and women are amenable 'at all times' to thepeople, they must conduct thepublic's business out in the open. " Opengovernment is not merelya good wayfor government to operate, it is the onlywayfor it to operate effectively.. 
Accessto government records providescitizens with the information they need to participate in the democratic process and to insist that government officials are held accountable for their actions. As Us. Supreme CourtJusticeLouis D. Brandeis oncesaid, "... sunlight is the best disinfectant. " 
Theprinciples ofopenness in government arefound in Georgia's Constitution, in itsjudicial decisions, and in its laws. Thestatutethat applies to 
most government records, the "OpenRecords Act," is found in the Offi- 
cial Code ofGeorgia Annotated(0. C G.A.) 50-18-70 through 50-1876 
The "startingplace" under Georgia law regarding open records is the presumption that all public records are open to the public. Georgia law clearly provides that, except as otherwise specifically provided, "All public records ... shall be openfor a personal inspection by any citizen ofthis state at a reasonable time andplace; and those in charge ofsuch records shall not refuse thisprivilegeto any citizen. " a.C.G.A.  50-1870(b). 
This guidebook provides specific reference topics concerning many of the issues in open records compliance that law enforcement encounters on a regularbasis. The guidebook alsoprovides readyreference materials in its appendices. Reference is made to these helpful appendices throughout the guidebook. While we hove tried to provide you with a comprehensive yet user-friendly resource on openrecords, no such effort can ever be a substitute for a well-reasonedpolicy on such an important topic, orfor the adviceofyour legal advisor. 
I hope that thisguidebook will helpyou inyour efforts to betterserveour citizens and our communities. 
Thurbert E. Baker AttorneyGeneral 
August2002 
 
 TABLE OF CONTENTS 
 
I. Overview of Georgia's Open Records Act 
 
7 
 
A. Purpose of the Open Records Act 
 
7 
 
B. Act applies to all law enforcement records 
 
7 
 
C. Exemptions to presumption of access interpreted narrowly 
 
7 
 
D. Exemptions to access usually permissive, not mandatory 
 
8 
 
E. Act protects disclosure of information in good faith, 
 
punishes willful nondisclosure 
 
8 
 
F. Act requires an agency to respond and permit access as 
 
soon as reasonably possible 
 
8 
 
II. Pending Investigations/Prosecutions 
 
9 
 
III. Types of Records 
 
9 
 
A. Accident reports 
 
10 
 
B. Arrest records 
 
11 
 
C. Autopsy/coroner reports 
 
11 
 
D. Case files (investigative records) 
 
11 
 
E. Citations 
 
11 
 
F. Crime laboratory reports 
 
11 
 
G. Criminal histories 
 
11 
 
H. Department policies and procedures 
 
12 
 
I. Driving histories/Department of Motor Vehicle Safety records 12 
 
J. Electronic surveillance 
 
12 
 
K. Family violence records 
 
13 
 
L. In-car camera videotapes 
 
13 
 
M. Initial incident reports 
 
13 
 
N. Internal Affairs records 
 
13 
 
O. Jail documents 
 
13 
 
P. 911 materials 
 
14 
 
Q. Probation and parole records 
 
14 
 
R. Photographs 
 
14 
 
S. Records from other law enforcement agencies 
 
14 
 
IV. Personnel Records 
 
15 
 
A. Applications for employment... 
 
15 
 
B. Background investigations 
 
15 
 
C. Benefits selections/payroll deductions 
 
15 
 
D. Birth certificates 
 
15 
 
E. Certificates of training 
 
16 
 
F. Commendations 
 
16 
 
 G. Criminal history background checks 
 
16 
 
H. DD-214s (military discharge forms) 
 
.16 
 
I. Driver's license information 
 
16 
 
J. Financial records 
 
16 
 
K. Health insurance records 
 
16 
 
L. Medical records 
 
16 
 
M. Performance evaluations 
 
17 
 
N. Peace Officer Standards and Training certification records 
 
17 
 
O. Reprimands/adverse personnel actions 
 
17 
 
P. Training records 
 
17 
 
v. Juvenile Records 
 
17 
 
A. Public inspection of records generally 
 
.17 
 
B. Juvenile witnesses/victims 
 
19 
 
C. Publication of the name or picture of a juvenile 
 
.19 
 
VI. The Open Records Process 
 
19 
 
A. Release of records 
 
19 
 
B. Non-existent records 
 
20 
 
C. Electronic records 
 
20 
 
D. Appropriate charges 
 
21 
 
1. Fee notification requirement 
 
21 
 
2. Optional charges 
 
21 
 
3. Specifically permissible charges in excess of25 per page 22 
 
VII. News Media Access 
 
22 
 
VIIL Records Retention 
 
22 
 
IX. Conclusion 
 
23 
 
x. Appendices 
 
24 
 
1. Sample Open Records request letter 
 
24 
 
2. Sample statement of need (accident reports) 
 
25 
 
3. Sample responses to Open Records requests 
 
26 
 
4. Sample Open Records request response flow chart 
 
28 
 
5. Sample Open Records request log sheet 
 
29 
 
6. Sample Open Records cost worksheet 
 
30 
 
7. Information exempt from public disclosure 
 
31 
 
Endnotes 
 
36 
 
 I. OVERVIEW OF GEORGIA'S OPEN RECORDS ACT 
 
A. Purpose of the Open Records Act 
 
The purpose of the Open Records Act is both to encourage public access to information and to foster confidence in government through openness to the public. The intent of the General Assembly was to afford to the public at large a right of access to government records generally, while permitting some narrow categories of information to be withheld where nondisclosure was believed to be in the public interest. 
 
B. Act applies to all law enforcement records 
 
The starting place for the Open Records Act is that all records prepared and maintained or received in the course of the operation of the agency are presumed to open for public inspection and copying. This applies to all records compiled for law enforcement or prosecution purposes, including, but not limited to: 
 
 Documents  Books 
 
 Maps  Tapes 
 
 Photographs  Letters 
 
 Papers  Computer records 
 
C. Exemptions to presumption of access interpreted narrowly 
Although all public records are presumed to be subject to inspection and copying, Georgia law provides that under certain circumstances some categories of information may be withheld from public disclosure. The Act itself makes clear that such exemptions to the Open Records Act must be interpreted narrowly. The Act also provides that once exempt information is removed or "redacted" from a record, the rest of the record must be made available for inspection and copying. Two particular exemptions for law enforcement records are: 
(1) an exemption that gives law enforcement the discretion to withhold investigative records (other than initial incident or arrest reports) during a pending investigation or prosecution; and 
(2) an exemption that gives law enforcement the discretion to withhold records that would disclose the identity of a confidential source, the existence of confidential surveillance or investigation, or confidential investigative or prosecution material which would endanger the life or physical safety of any person. 
 
A l.-.N Enforce",""l 0IIicer'. Guide to Open Record. /7 
 
 D. Exemptions to access usually permissive, not mandatory 
Most exemptions to the Open Records Act allow law enforcement to withhold certain information from public inspection, but they do not require it. Accordingly, law enforcement may choose to sharesuch exempt information to the public or the news media even though the Act does not requiredisclosure. A commonplace example of this is the disclosure of the sketch of a suspect duringan ongoing investigation. 
Someexemptions to the Open Records Act, however, are mandatory and require that law enforcement not release the exempt information. A list of permissive and mandatory exemptions is contained in Appendix 7. 
E. Act protects disclosure of information in good faith, punishes willful nondisclosure 
Any agency or person who provides access to information in good faith reliance on the requirements of the Open Records Act shall not be liable in any actionon account of havingprovided access. 
However, any person who knowingly or willfully violates the provisions of the Open Records Act by failing or refusing to provide access to recordsnot subjectto an exception underthe Open Records Act, or by failing or refusing to provide access to records within the time limits set forth in the Open Records Act, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a finenot to exceed $100. 
F. Act requires an agency to respond and permit access as soon as reasonably possible 
Whena record is readily available and subject to the Open Records Act, it should be provided immediately to the party requesting the record. Even when a record is not readily available, an agency must provide access to the record withina reasonable amount of time,not to exceed three business days. 
If a record is not subject to disclosure, then the agency must, within a reasonable amount of time not to exceedthree business days, specify in writing to the partyrequesting the record, the specific legalauthority exempting the record from disclosure, to include code section, subsection, and paragraph. Alternatively, within that period of three business days, an agency may obtain an order from a superior court staying or refusing 
81 A llIw Enforcement OIIiceff Guide toOpen Records 
 
 the requested accessto the record. 
An agency is not required to charge a fee for complying with an Open Records Act request. If it chooses to do so, it may obtain reimbursement for certain reasonable costs, but must first notify the party making the request, prior to fulfilling the request, of the estimatedcost of the copying, search, retrieval, and other administrative charges. Such notification is a condition of compliance with the law as well as condition for the assessment of any fee. 
 
II. PENDING INVESTIGATIONS/PROSECUTIONS 
Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initialpolice arrest reports and initial incident reports, are not required to be released. 
However, an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated. The Georgia Supreme Court has narrowly interpreted "pending investigations" as imminent adjudicatory proceedings of finite duration. Thus investigations can not indefinitely be classified as "pending" in order to prevent public release. Records from investigation of cases that are unsolved, but otherwise terminated, are subjectto the Act's disclosure requirements. 
A prosecution is deemed to be pending until such time as all direct appeals of conviction, including writs of certiorari to the United States Supreme Court, have been exhausted. Habeas Corpus actions are not consideredto be part of the directappealprocess.I 
 
III. TYPES OF RECORDS 
 
Set forth below is a brief description of the law regarding the inspection 
 
and copying of certain types of records. Although most types of records 
 
are subjectto access, certain specific information containedin the record 
 
may not be. For example, the following information on sworn lawen- 
 
forcement recordsmay be redacted from a record otherwiseopen to pub- 
 
lic inspection: address, home telephone number and identification of im- 
 
mediate family or dependents. 
 
_to A LawEnforcemontOIIiceI's 
 
Open R~s /9