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    ORA Kevin Lang Camden County Spaceport Mediation Letter

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    Mary Landers
    The Georgia Department of Law has written to an attorney representing Camden County regarding concerns about the county's response to an open records request. Specifically, the letter notes that (1) exceptions to open records laws must be interpreted narrowly, yet it seems the county intends to withhold all requested records; (2) it is unclear why an exception is being cited given a recent court ruling; and (3) the existence of pending litigation does not prevent the county from providing records. The county is asked to explain its positions within 10 days.

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    ORA Kevin Lang Camden County Spaceport Mediation Letter

    Uploaded by

    Mary Landers
    121 views2 pages
    The Georgia Department of Law has written to an attorney representing Camden County regarding concerns about the county's response to an open records request. Specifically, the letter notes that (1) exceptions to open records laws must be interpreted narrowly, yet it seems the county intends to withhold all requested records; (2) it is unclear why an exception is being cited given a recent court ruling; and (3) the existence of pending litigation does not prevent the county from providing records. The county is asked to explain its positions within 10 days.

    Original Description:

    Letter from Office of Georgia Attorney General to Camden County regarding Open Records Act

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    The Georgia Department of Law has written to an attorney representing Camden County regarding concerns about the county's response to an open records request. Specifically, the letter notes that (1) exceptions to open records laws must be interpreted narrowly, yet it seems the county intends to withhold all requested records; (2) it is unclear why an exception is being cited given a recent court ruling; and (3) the existence of pending litigation does not prevent the county from providing records. The county is asked to explain its positions within 10 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    121 views2 pages

    ORA Kevin Lang Camden County Spaceport Mediation Letter

    Uploaded by

    Mary Landers
    The Georgia Department of Law has written to an attorney representing Camden County regarding concerns about the county's response to an open records request. Specifically, the letter notes that (1) exceptions to open records laws must be interpreted narrowly, yet it seems the county intends to withhold all requested records; (2) it is unclear why an exception is being cited given a recent court ruling; and (3) the existence of pending litigation does not prevent the county from providing records. The county is asked to explain its positions within 10 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    GEORGIA DEPARTMENT OF LAW

    40 Capitol Square SW
    Atlanta, Georgia 30334-1300
    CHRISTOPHER M. CARR www.law.ga.gov
    ATTORNEY GENERAL (404) 458-3600

    Writer’s Direct Dial:


    404-458-3252
    jcolangelo@law.ga.gov
    March 3, 2023

    Via Email Correspondence: dburkoff@huntermaclean.com

    David M. Burkoff, Esquire


    HunterMaclean
    P.O. Box 9848
    200 E Saint Julian Street
    Savannah, Georgia 31412

    RE: Kevin Lang’s Open Records Act request to Camden County

    Dear Mr. Burkoff:

    I am writing to you in your capacity as an attorney for Camden County. Mr. Kevin Lang sent
    our office a copy of the Open Records request that he sent to the County on February 9, 2023, as
    well as a copy of the response you sent him on February 13, 2023. We have some concerns
    about the county’s response to Mr. Lang’s request.

    Under Georgia law, the Attorney General, as an independent constitutional officer, has the
    discretionary authority to enforce the Open Records Act and the Open Meetings Act.
    O.C.G.A. §§ 50-14-5(a) and 50-18-73(a). The Attorney General has chosen to exercise that
    discretion by establishing a mediation program where citizens may raise issues and concerns
    with us regarding the Acts, and we will attempt to resolve disputes between citizens and local
    government. This office also reserves the right to pursue litigation in these matters where it
    deems doing so is appropriate.

    From your letter to Mr. Lang, it appears that the county is not planning to produce any records in
    response to his request and is citing several exceptions in O.C.G.A. § 50-18-72 as the basis for
    withholding the requested records: (a)(1), (a)(9), (a)(20)(A), (a)(41), and (a)(42). Although the
    Open Records Act states “[t]he exceptions set forth in this article, together with any other
    exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those
    David M. Burkoff, Esq.
    March 3, 2023
    Page 2

    portions of records addressed by such exception,”1 it appears from your letter that the county
    intends to withhold all of the requested records in their entirety, rather than redacting only the
    portions of the records that are covered by the exceptions you cited.

    In addition, I am unclear on why O.C.G.A. § 50-18-72(a)(9) is cited as a basis for withholding


    records, given the recent ruling by the Georgia Supreme Court in Camden County v. Sweatt, et
    al., 2023 GA LEXIS (Feb. 7, 2023). In light of the Sweatt decision, it appears that one could
    reasonably conclude that the proposed acquisition of real property has been “terminated” within
    the meaning of (a)(9).

    Your letter to Mr. Lang also mentions One Hundred Miles v. Camden County Georgia, et al.—
    which is currently being litigated in Camden County Superior Court—and suggests that the
    county cannot provide the requested records to Mr. Lang while that case is still pending. I am
    not aware of any legal reason that the existence of that lawsuit would prevent the county from
    providing records to Mr. Lang.

    I would appreciate a response to our office within 10 business days that explains the county’s
    positions on the issues I raised above. Thank you for your assistance.

    Sincerely,

    /s/ Jennifer Colangelo

    Jennifer Colangelo
    Senior Assistant Attorney General

    cc: Mr. Kevin Lang (via email correspondence)

    1
    O.C.G.A. § 50-18-70(a).

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