SOP 205.17: State Employee/Free Speech and Public Access Rights

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|
|Policy Number: 205.17|Effective Date: 12/23/2021|Page Number: 1 of 3|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

I. Introduction and Summary:

The purpose of this policy is to provide a guideline regarding state employees, free
speech, and public access rights.

II. Authority:

A. United States Constitution, First Amendment;

B. Atlanta Journal and Constitution, et al v. The City of Atlanta Department of

Aviation, et al, 6 F. Supp. 2d 1359 (N.D. 1998); Department of Corrections v.
Derry, 235 Ga. App. 622 (1998);

C. O.C.G.A. §42-5-15;

D. Georgia Department of Corrections (GDC) Standard Operating Procedure (SOP):

208.06 PREA-Sexually Abusive Behavior Prevention and Intervention Program;
and

E. ACA Standard: 5-ACI-1A-24.

III. Definitions:

None.

IV. Statement of Policy and Applicable Procedures:

A. In order to maintain the safety, security and integrity of any facility the following

procedures will be utilized regarding state employees, free speech, and public
access rights:

1. Whenever an individual or organization is provided access to off duty

employees of a facility, that access will be made available in a space outside
the secured fence area but inside the guard lines of the facility as designated
by the Warden/Superintendent, upon approval by the respective Regional
Director.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|
|Policy Number: 205.17|Effective Date: 12/23/2021|Page Number: 2 of 3|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

2. The organizational representatives are required to request permission of the

Warden/Superintendent at least twenty-four (24) hours before the date of the
proposed activity, in writing, and indicate the duration, number of people
anticipated and nature of activity. This request must be submitted during the
normal business hours of 8:00 a.m. and 4:30 p.m. Monday through Friday,
excluding weekends and holidays.

3. If approved by the Regional Director, the Warden/Superintendent will notify

the representatives of the organization and provide a date, time, and location
for public access to a space in which to conduct their activities. The
representatives will also be notified that they will be subject to all applicable
rules and regulations of the GDC upon access onto state property.

4. When representatives of the organization arrive at the designated space they

will again be informed verbally by the Warden/Superintendent or Deputy
Warden that they are subject to all rules and regulations of the GDC while on
state property.

5. All representatives of an organization will be required to sign Attachment 1,

Visitor’s Log Regarding Public Access, as maintained by the designated
personnel assigned by the Warden/Superintendent in order for the facility to
provide safety, security, and accountability during their activities on state
property. Failure to complete the information on the log will result in
immediate expulsion from state property and the Warden/Superintendent will
notify the respective Regional Director, who in turn will notify the Director
of Field Operations.

6. All representatives of an organization will be informed by designated

personnel assigned by the Warden/Superintendent that any verbal or physical
behavior, including the use of any amplification, video/recording or lighting
devices that could possibly create a potential for disturbance will not be
allowed on state property. If the above referenced behavior or devices are

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|Policy Name:State Employee/Free Speech and Public Access Rights|
|Policy Number: 205.17|Effective Date: 12/23/2021|Page Number: 3 of 3|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level I: All Access|

observed the representatives will immediately subject to expulsion from the
state property.

7. The Warden/Superintendent may limit the number of individuals or

representatives and/or duration of the activity as required to maintain the
safety, security, and integrity of the operation of the institution. Additionally,
the Warden/Superintendent may terminate the activity at any time to
accommodate the security needs of the institution.

V. Attachments:

Attachment 1: Visitor's Log Regarding Public Access Rights

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachment 1 shall be retained in the Warden/Superintendent’s
office for three (3) years and forwarded to the Regional Director’s Office and
retained for an additional two (2) years, then destroyed.