SOP_NUMBER: 101.07
TITLE: Open Records Request
REFERENCE_CODE: IG01-0004
DIVISION: Executive Division
TOPIC_AREA: 101 Policy-Legal Services
EFFECTIVE_DATE: 2019-07-10
WORD_COUNT: 865
POWERDMS_URL: https://public.powerdms.com/GADOC/documents/105659
URL: https://gps.press/sop-data/101.07/

SUMMARY:
This policy establishes the Georgia Department of Corrections' procedures for handling public records requests from citizens. It outlines how to submit requests (orally or in writing to the Office of Legal Services), describes what records are available, explains exemptions (particularly for medical/mental health records), and details the fees and timelines for processing requests. All staff who receive open records requests must immediately forward them to Legal Services.

KEY_TOPICS: open records request, public records, FOIA, Freedom of Information Act, records request, document access, public documents, medical records exemption, records retrieval, copying fees, Legal Services, O.C.G.A. 50-18-70

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|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|
|**Policy Number:** 101.07|**Effective Date:** 7/10/2019|**Page Number** 1 of 1|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Executive Division<br>|**Access Listing:**<br>Level I: All Access<br>|


**I.** **Introduction and Summary:**







Georgia Law provides that all public records of an agency must be made available for
inspection or copying unless they are specifically exempted by law. This policy
governs the process by which the Georgia Department of Corrections (GDC) will
respond to requests for documents that are publicly accessible.

**II.** **Authority:**

A. O.C.G.A. §§ 50-18-70, _et seq_ ., 42-5-36, 35-3-34, 35-3-37, and 31-33-3;

B. GDC Standard Operating Procedures (SOP): 101.02 Standard Operating

Procedures, 102.03 Social Media Policy, 105.02 Information Security, 104.63
Privacy of Personnel Records, 507.02.02 Confidentiality of the Health Record and
Release of Information; and 508.09 Mental Health Records; and

[C. ACA Standard: 2-CO-1E-07.](https://powerdms.com/assessments/1234/node/596160?tooltabid=Proofs)

**III.** **Definitions:**

A. **Public Records**     - 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 the GDC. Records received
or maintained by a private person, firm, corporation, or other private entity in the
performance of a service or function for or on behalf of the GDC to the extent that
such records would be subject to disclosure if received or maintained by the GDC
or potentially via a request sent to the contractor.

B. **Open Records Request**     - Request made by a citizen to examine or copy a public

record.

**IV.** **Statement of Policy and Applicable Procedures:**

A. Requests for inspection or copying of public records maintained by the GDC may

be made orally or in writing. Written requests must be submitted to the Office of
Legal Services (Legal Services) at the below address or email:


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|
|**Policy Number:** 101.07|**Effective Date:** 7/10/2019|**Page Number** 1 of 1|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Executive Division<br>|**Access Listing:**<br>Level I: All Access<br>|



Office of Legal Services
P.O. Box 1529
Forsyth, Georgia 31029

[Email: open.records@gdc.ga.gov](mailto:open.records@gdc.ga.gov)

B. Pursuant to O.C.G.A. § 50-18-72(a)(2), medical records are not subject to the Open

Records Act; however, requests for medical and/or mental health records may be
submitted to Legal Services at the above address or email. Access to medical
records is subject to applicable state and federal laws. The party requesting health
records shall be responsible to the provider for the costs associated with copying,
mailing, and search, retrieval and other direct administrative costs related to
compliance with the request. Medical and mental health records are not kept
electronically.

C. All open records requests shall be reviewed and evaluated by Legal Services. Not

all documents maintained by the GDC are available to the public under the Open
Records Act.

D. When an open records request is received by another office in the Department, it

shall **immediately** be forwarded to Legal Services by fax to (478) 992-5241, via
[email to open.records@gdc.ga.gov, or by hand delivery.](mailto:open.records@gdc.ga.gov)

E. Staff who do not hand deliver such requests will then confirm by telephone, at

(478) 992-5240, Legal Services’ receipt of the open records request within two
hours of faxing or emailing the request or before 10:00 a.m. on the next business
day if forwarded after 3:00 p.m.

F. If there are no records which comply with the open records request, the Department

is not required to create any new records.

G. Legal Services shall notify the appropriate agency section, facility, center, or unit

of the determination regarding the open records request and shall provide any
further instructions regarding inspection or copying of the records or other
response to the request.


|GEORGIA DEPARTMENT OF CORRECTIONS<br>Standard Operating Procedures|Col2|Col3|
|---|---|---|
|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|**Policy Name:** Open Records Request|
|**Policy Number:** 101.07|**Effective Date:** 7/10/2019|**Page Number** 1 of 1|
|**Authority:** <br>Commissioner<br>|**Originating Division:** <br>Executive Division<br>|**Access Listing:**<br>Level I: All Access<br>|



H. Reasonable fees may be assessed for search, retrieval, and other direct

administrative costs associated with complying with the request.

1. The fee for copies shall be ten cents ($.10) a page.

2. The hourly charge shall not exceed the salary (including benefits) of the lowest

paid full-time employee who has the necessary skill and training to perform
the request. No charge shall be made for the first quarter hour.

3. The most economical means reasonably available shall be utilized for

providing copies of public records.

I. Nothing in this procedure shall change the manner in which subpoenas and formal

judicial discovery requests are handled.

J.   Any person who knowingly or willfully fails or refuses to provide access to records

not subject to an exemption or who fails or refuses to provide access to records
within the time limits may be subject to disciplinary action, civil liability and/or
criminal prosecution.

**V.** **Attachments:** None.


**VI.** **Record Retention of Forms Relevant to this Policy:** None.