The Georgia Attorney General’s Office has given Cobb County 10 days to respond to a citizen complaint that the county did not properly handle to a request for public records.
Assistant Attorney General Jennifer Colangelo wrote to Cobb County Attorney Deborah Dance on July 29, saying West Cobb resident Tom Cheek filed a complaint related to his requests for information on a bus rapid transit system environmental study.
The county responded to Cheek’s request 10 days later, saying the records would cost $669 to produce. That total includes $100 for an attorney review of the records before they are released.
The Georgia Open Records Act says governments must respond to records requests within three days and must use the least expensive records custodian capable of retrieving the records.
“I ask the county to provide a response to Mr. Cheek’s complaint about the delay in responding,” Colangelo’s letter says. “In addition, please explain why, in the records custodian’s discretion, utilizing an employee whose rate of pay is $40.68 (an hour) is the most economical means available.
“It is the position of this office that an agency may not charge for time an attorney spends advising whether records should be disclosed.”
The letter also says the AG’s office “reserves the right to pursue litigation.”
The county attorney’s office declined to comment because it is a pending legal matter.
“I have nothing but respect for County Attorney Dance, but we are in a situation where the AG’s office needed to take action,” Cheek said. “I am very pleased that the AG’s office has stepped in on my behalf. I hope the County reevaluates their position in charging exorbitant fees, and hope the Board of Commissioners adequately staffs any department responsible for researching and approving Open Records Requests.”
Cobb Commissioners in May unanimously voted to have the county attorney’s office handle all requests for public information. Previously, the service was provided by the county’s communications office.
The change has made for lengthy delays in records being made public, and demands for large payments in exchange for records.
The Atlanta Journal-Constitution, in a records request dated June 24, asked for a range of information related to bus rapid transit, plans for a pedestrian bridge connecting to SunTrust Park, a planned circulator bus system in Cumberland, and traffic and parking plans for SunTrust Park.
The county responded five days later that the information would cost $800. The newspaper then asked for an itemized breakdown of those costs, and received no response until July 10. A clarification of the request for emails brought the bill down to $384, which included a $100 charge for an attorney review of the records before they were released.
Retired business executive Larry Savage, who ran an unsuccessful campaign for county chairman in 2012, also had a frustrating experience trying to get information from the county — about economic incentives offered to companies. Savage made his request June 2, then wrote the county attorney June 11 saying he had not “even received an acknowledgement” of his request.
Savage eventually received the documents June 17, after emailing the county multiple times.
“I’m willing to be cooperative,” Savage said, “but that’s a two-way street.”
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