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HomeMy WebLinkAboutOPEN RECORDS ADMINISTRATIVE RULEADMINISTRATIVE RuLE'No. 1-4 SECTIONS I THROUGH 8 EFFECTIVE DATE is MAY 5, 2010 Augusta-Richmond County Open Records Administrative Rule 1. Statement of Polic . yo This Administrative Rule requires that public records prepared, received or maintained by any department head, supervisor, employee, officer or agency of Augusta-Richniond County, Georgia in the course of the business of the consolidated government shall be subject to disclosure to the fullest extent permitted and required by the laws of the State of Georgia. It shall be the responsibility of every department head, employee, officer, bureau, board and agency of Augusta-Richmond County to ensure compliance with the Georgia Open Records Act, as amended, O.C.G.A. § 50-18-70 et seq. Each department head shall be responsible for the compliance of every employee in their department within their chain of command regarding this Administrative Rule. 2. Definitions: Public Record: The term "public record" shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency. Produce: To "produce" records, as such term is used in this Policy, means to release copies of such records, or to make such records available for inspection and copying, whichever method has been requested. 3. Applicability: This Administrative Rule shall apply to all Augusta-Richmond County, Georgia department heads, supervisors, employees, officers, boards, authorities and agencies. This policy does not apply to elected officials unless such officials have adopted it (3.1) All department heads, supervisors, employees, officers, boards, authorities and agencies shall post this Administrative Rule in their departments and shall communicate this Administrative Rule to their subordinate employees and shall ensure that new employees are made aware of the requirements of this Administrative, Rule. (12) With respect to any action required of Augusta-Richmond County departments under this Administrative Rule, the department head may act through the department heads designee, who shall ADMINISTRATIVE RULE 1-4 PAGE I OF 5 ADMINISTRATIVE RULE No. 1-4 SECTIONS I THROUGH 8 EFFECTIVE DATE IS MAY 5, 20 10 be an employee of the involved department or agency. However, the department head remains responsible for the implementation of this rule in his or her department. (3.3) With respect to all records produced pursuant to the Act, the responsible department shall maintain either a copy of such records or adetailed description of such records, sufficient to clearly show what records were produced in response to the request; In addition, the department shall maintain a copy of the original request, all other original correspondence received from the person making the request, as well as copies of all other correspondence related to the request. These, documents shall be known as the "Open Records Log." This documentation shall be maintained within the department. (3.4) Department heads and employees who knowingly and willfully fail or refuse to provide access to records not exempted from disclosure, or who fail or refuse to provide access to such records within the time limits of the Act, commits a misdemeanor criminal offense punishable by a fine of $100.00 §50-18-74(a). Other penalties for violation of the Act, include civil penalties (including attorney's fees), the invalidation of official governmental actions, forfeiture of office and contempt of court. Entities that can be sued as a result of a violation of the Act include Augusta-Richmond County, the custodian of the responsive records and the individual officer, elected official, or employee receiving the request, (3.5) Likewise, department heads and employees shall be subject to disciplinary action pursuant to the Augusta Code of Conduct and the Augusta, Georgia Employee Handbook for failure to comply with this Administrative Rule. This Administrative Rule supersedes and supplants in its entirety any other rules relating to the release of Augusta-Richmond County, Georgia public documents. 4. Time to Respond: Promptly and within three (3) business days from the time of the first receipt of the request. This three (3) day period begins when anyone m the entire government receives the request (not when the custodian of the record receives the request). Unified Government ofAthens-Clark County v. Athens Newspgpers, LLC, 284 Ga. 192,663 S,E.2d 248 (2008). 5. Procedure Generally: Whenever a request for public records pursuant to the Georgia Open Records Act ("Act") is received by any employee, officer, or elected official of Augusta- Richmond County, whether in writing or orally, the following procedures shall apply: Upon the first person's receipt of a request for public records, the request shall be file-stamped or otherwise marked to indicate the date and time of receipt. This requirement shall be applicable to all requests received in any department, regardless of whether the request was mistakenly sent ADMINISTRATIVE RULE 1-4 PAGE 2 OF 5 ADMINISTRATIVE RULE N0. 1 -4 SECTIONS 1 THROUGH EFFECTIVE DATE IS MAY 5, 2610 to the wrong department. if the request is oral, a record of the oral request shall be made containing the information required by this sub- section. A response must be made to every open records request within three (3) business days from the time of the first receipt of the request. 6. Department Discretion Augusta- Richmond County values the public's right to access public information and permits departments to respond directly to open records request, Appropriate responses to Open Records Act requests vary depending on a number of factors, including but not limited to, the nature and scope of the request, the time and expense necessary to comply with the request, the amount responsive information, whether responsive records are in more than one department and whether the records are subject to disclosure or not. As to each Open Records request, department heads shall have the discretion to evaluate such factors and to make an election as to whether to seek assistance from the Law Department in processing the request. Departments responding to requests are responsible for fully complying with the Open 7. Department Procedures for Processing Open Records Requests When departments respond to an Open Records Act request, the following procedure shall apply: (7.1) Every open records act request shall be marked as to the date and time of receipt. Promptly and within three (3) business days following the first receipt of the request, the department head (or his or her designee) shall submit a response to the requestor and provide all available and responsive records (except records which are not subject to disclosure). However, if the records are not available for production within three (3) business days following the first receipt of the request, the department head shall provide a response providing; A. That the records are not available for production within three (3) business days; B. An estimate of the number of pages of documents responsive to the request; C. An estimate of the time it will take for the department to produce the records requested; D The hourly salary of the lowest paid person in the department capable of locating the records and making them available. (7.2) If a department head determines that some or all of the information sought in an open records request is not subject the open records act or is exempt from disclosure by an exception to the open records act, he or she shall cite the specific code provision(s) applicable in their response to the requester. SUCK a response must be provided to the requestor within three (3) business clays following the first receipt of the request.. ADMINISTRATIVE RULE 1-4 PAGE 3 OF 5 ADMINISTRATTVE RULE No- 1=4 SECTIONS I THROUGH 8 EFFECTIVE DATE IS MAY 5, 2010 (7.3) Departments responding to requests shall provide the Law Department with a copy of each request and the response provided by the department. (7:4) Departments responding to requests are responsible for fully comolying with the Open Records Act. Department heads are encouraged to consult with the Law Department as necessary to ensure full compliance with Open Records Act. The Law Department will provide assistance in the completion of specific requests as well as helping departments develop an open records response plan tailored to their department. Departments are also encouraged to seek ongoing training from the Law Department regarding the evaluation and processing of open records, Departments are responsible for fully complying with the Open Records Act 8. Department Procedures for Bequests Requiring Assistance by the.Law Department If the department head elects to have the Law Department assist the Department in responding to an Open Records Act request the following procedure shall apply; (8.1) No later than the close of business on the same day that any employee, officer, or other person receives an open records request, the department head of that the receiving department (or his or her designee), shall contact, either in person, via electronic mail or by telephonic means, the Augusta Law Department. In the first communication to the Law Department, the department head shall be prepared to advise the Law Department: A. When the open record request was sent to the department; B. Whether the requested public records exist and, if so; C. Whether the department who received the request has custody or responsibility for the information requested; D. Whether the records are available for production within three (3) business days following the first receipt of the request; E. An estimate of the number of pages of documents responsive to the request; F. An estimate of the time it will take for the department to produce the records requested; G. The hourly salary of the lowest paid!person in the department capable of locating the records and making them available. (8.2) Following the request. for assistance and the receipt of this information, the Law Department will advise the department as to the appropriate method to be used for the evaluation of the open records request and the legally appropriate response. ADMINISTRATIVE RULE 1 -4 PAGE 4 of 5 ADMINISTRATIVE RULE No. 1-4 SECTIONS I THROUGH 8 EFFECTIVE DATE is MAY 5, 2010 (8.3) All department heads, supervisors, employees, officers, boards, authorities and agencies are required to seek assistance and training from the Law Department when needed to ensure open record act requests are responded to appropriately and timely for every request propounded on Augusta-Richmond County. Failing to comply with the Open Records Act or this Administrative Rule is conduct subject to disciplinary action. AuthorLq: O.C.G.A. § 50-18-70, et seq. Policy revised: April 27, 2010 L. Russell, Administrator Acknowledged and received by: ADMINISTRATIVE RULE 1-4 PAGE 5 OF 5