OPEN RECORDS ACT REQUEST
(Comprehensive Template – Georgia Open Records Act)
[// GUIDANCE: This template is designed for requests under the Georgia Open Records Act (O.C.G.A. Section 50-18-70 et seq.). For a shorter, letter-format request, retain Sections I, III, VI, VIII, and X and delete the balance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Open Records Act Request Letter
Date: [DATE]
To:
[RECORDS CUSTODIAN NAME]
[AGENCY NAME]
[AGENCY STREET ADDRESS]
[AGENCY CITY, STATE ZIP]
E-Mail: [AGENCY E-MAIL]
From:
[REQUESTER NAME]
[REQUESTER TITLE & ORGANIZATION (if any)]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [PHONE]
E-Mail: [REQUESTER E-MAIL]
Re: Request for Records Concerning [BRIEF SUBJECT DESCRIPTION]
Recitals
A. The Requester seeks access to state and local agency records pursuant to the Georgia Open Records Act (O.C.G.A. Section 50-18-70 et seq.) (the "Act").
B. The Requester submits this Request to obtain public disclosure of the records described herein and, where applicable, to secure timely processing and fee limitation rights provided by the Act.
Effective Date. This Request is effective on the date first written above (the "Effective Date").
Jurisdiction. Issues arising under or relating to this Request shall be governed by the Act and other applicable Georgia law and subject to judicial review in the state court(s) specified in Section 8.
2. DEFINITIONS
For purposes of this Request, capitalized terms have the meanings set forth below:
"Act" means the Georgia Open Records Act (O.C.G.A. Section 50-18-70 et seq.), as amended.
"Agency" means [AGENCY NAME], including all component offices, bureaus, divisions, and subordinate units that maintain possession or control of the requested Records.
"Business Day" means any day other than Saturday, Sunday, or a Georgia state legal holiday.
"Records" includes any information that qualifies as a public record subject to the Act, regardless of physical form or characteristics, including without limitation writings, memoranda, e-mails, electronic files, audio recordings, photographs, data sets, and meta-data.
"Requester" means the individual or entity identified in Section 1 as the submitting party.
3. OPERATIVE PROVISIONS
3.1 Request for Specific Records.
The Requester hereby requests that the Agency conduct a reasonable search and promptly disclose the following Records:
(a) [DETAILED, ITEM-BY-ITEM DESCRIPTION OF EACH RECORD REQUESTED, WITH DATE RANGES, KEYWORDS, FILE TYPES, ETC.];
(b) Any indices, inventories, guides, or record-keeping systems that would assist in locating responsive Records; and
(c) All segregable portions of otherwise exempt Records.
3.2 Scope of Search.
a. Timeframe. Search all Records dated or created from [START DATE] through [END DATE].
b. Locations. Search all paper and electronic record systems reasonably likely to contain responsive Records, including e-mail servers, shared drives, individual custodians' files, cloud-based repositories, and backup systems.
c. Alternate Formats. If certain Records are more readily available in a form other than that requested, produce them in their original form as well as in the form requested, to the extent practicable.
3.3 Preferred Format of Production.
Produce all responsive, non-exempt Records electronically in native format with corresponding load files, delimited text, and searchable OCR, unless producing such format would impose an undue burden.
3.4 Fees & Limitation.
Requester agrees to pay reasonable copying and search costs as permitted by the Act, up to US $[CAP AMOUNT]. If estimated fees exceed this cap, the Agency shall provide an itemized written estimate and obtain written authorization before proceeding. Under O.C.G.A. Section 50-18-71, agencies must provide the first 15 minutes of search time without charge.
3.5 Rolling Production.
To avoid delay, the Agency shall produce responsive Records on a rolling basis as they are located and processed, rather than waiting to complete the entire review before making the first release.
3.6 Exemptions & Segregability.
If the Agency withholds any portion of a Record based on an exemption, it shall:
a. Identify each applicable exemption provision;
b. Provide a reasonably specific explanation of how the exemption applies;
c. Release all reasonably segregable non-exempt portions; and
d. Provide sufficient information to permit review.
3.7 Preservation of Records.
The Agency shall take all reasonable steps to prevent the loss, removal, or destruction of any potentially responsive Records pending resolution of this Request or subsequent judicial action.
3.8 Method of Delivery.
Deliver all productions electronically to [E-MAIL OR FTP DETAILS] or, if necessary, on encrypted USB flash drive sent to the address listed in Section 1.
4. REPRESENTATIONS & WARRANTIES
4.1 Identity. Requester represents that the contact information provided herein is accurate and complete.
4.2 Purpose. Requester warrants that the information requested is sought for lawful purposes consistent with the Act.
4.3 Compliance. Requester represents that submission of this Request complies with all applicable Agency regulations implementing the Act.
4.4 Survival. The representations and warranties in this Section shall survive any administrative or judicial proceedings arising from this Request.
5. COVENANTS & RESTRICTIONS
5.1 Payment Covenant. Subject to the Fee Limitation in Section 3.4, Requester agrees to remit payment of properly assessed, statutorily-authorized fees within thirty (30) calendar days of invoice.
5.2 Clarification Obligation. Requester shall promptly respond to reasonable Agency inquiries necessary to perfect the scope of search or clarify ambiguous aspects of this Request.
6. DEFAULT & REMEDIES
6.1 Agency Default. Each of the following constitutes an "Agency Default":
a. Failure to make a determination or produce non-exempt Records within three (3) business days as required by O.C.G.A. Section 50-18-71(b)(1)(A), subject to permissible statutory extensions;
b. Assessment of unauthorized fees in excess of those permitted by the Act; or
c. Unlawful withholding of Records.
6.2 Notice & Cure. Upon Agency Default, Requester shall provide written notice and allow a reasonable period for cure, unless statutorily excused.
6.3 Judicial Enforcement. If the Agency fails to cure, Requester may file a civil action in the Superior Court of Georgia seeking injunctive relief compelling disclosure, fees, and costs as authorized by the Act.
6.4 Attorneys' Fees & Costs. In any judicial action, the court may award reasonable attorneys' fees and other litigation costs to the prevailing party as provided by O.C.G.A. Section 50-18-73.
7. RISK ALLOCATION
7.1 Fees (Processing Only). The sole monetary exposure assumed by Requester is the payment of statutorily-authorized search and duplication fees, subject to the cap in Section 3.4.
7.2 No Indemnification. Neither party provides indemnity to the other.
7.3 Force Majeure. Deadlines may be equitably tolled where either party is delayed by acts of God, war, terrorism, or other events beyond reasonable control.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Request and any dispute hereunder shall be governed by the Act and other applicable Georgia law.
8.2 Forum Selection. Jurisdiction and venue shall lie in the Superior Court of Georgia of proper venue under the Act.
8.3 Arbitration. Arbitration is not available for Open Records Act disputes.
8.4 Jury Waiver. Open Records Act actions are tried to the court; jury trial is unavailable.
8.5 Injunctive Relief. Nothing herein shall limit Requester's right to seek preliminary or permanent injunctive relief compelling the disclosure of Records.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Request must be in writing and signed by Requester.
9.2 Assignment. Requester may assign rights arising out of this Request only with the Agency's written consent, except assignment to counsel of record for litigation purposes.
9.3 Severability. If any provision of this Request is held invalid, the remainder shall remain in full force and effect.
9.4 Integration. This Request constitutes the entire agreement between the parties regarding its subject matter, superseding all prior oral or written communications.
9.5 Counterparts; Electronic Signatures. This Request may be executed in multiple counterparts and via electronic or facsimile signature, each deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Requester hereby executes this Open Records Act Request as of the Effective Date.
__________________________________
[REQUESTER NAME]
Title: [REQUESTER TITLE]
Organization: [ORGANIZATION (if any)]
Date: [DATE]
[// GUIDANCE: Notarization is not required for an Open Records Act request.]
[// GUIDANCE: Prior to submission, confirm the Agency's specific Open Records procedures and contact details for the records custodian.]