About
Open Records
Open Records At South Georgia State College
The Office of Human Resources is responsible for administering the College's compliance with the Georgia Open Records Act. This law places important responsibilites on you as an administrator, faculty and staff member. Be sure to notify the Open Records Coordinator immediately when you receive a request for any record held by your office or the institution.
Human Resources aims to ensure that the College’s open records compliance procedures are straightforward, cooperative, and transparent. Under Georgia law, nearly all records maintained by SGSC are accessible to any citizen who requests them, with only a few specific exceptions. Creating unnecessary barriers between the public and the records to which the law entitles them to access serves no positive purpose for the institution. South Georgia State College (SGSC) goal is to comply with records requests in accordance with the Open Records Law. The procedures detailed below will assist us in determining whether records exist, if they are covered by the law, and how we can make them promptly available to the requester.
Procedure for handling Open Records requests at South Georgia State College:
Any College employee receives a request for records related to their individual or departmental duties, should immediately inform the Human Resources/Open Records Coordinating Office. Any requests made verbally or written should be submitted to the Human Resources Office immediately at open.records@sgsc.edu.
HR will then reach out to the administrator responsible for those records to assess their existence, volume, and the time needed to gather them. If the request is straightforward and the records are minimal, we will aim to provide a response on the same day. For more complex requests, we will notify the requester within three business days, as mandated by law, regarding the existence of the records, the estimated costs for searching, assembling, and copying, and whether they would like to proceed. If the requester wishes to move forward, we will inform the relevant department(s) to gather the records and send them to Human Resources for redaction and copying, ensuring they are delivered to the requester as quickly as possible.
Contact:
Open Records Coordinator: Fatima Corona
Phone: 912-260-4378
Email: open.records@sgsc.edu
FAQs
What is the Georgia Open Records Act?
It is a state law requiring that public records be open and available for inspection by any member of the public.
What is a public record?
Public records encompass nearly all documents maintained by state agencies. This includes a wide range of materials such as documents, maps, photographs, videotapes, handwritten notes, and electronic data (including emails), as long as they are created or stored by a state agency in line with the University System of Georgia's Records Retention Schedule. Records held by private individuals on behalf of a state agency, as well as those stored offsite, are also subject to this law.
Does the Open Records Act apply to South Georgia State College?
Yes, because the College is a public agency, it is subject to the act.
What is the purpose of the Open Records Act?
The purpose is not only to promote public access to information, but also to foster trust in government by preventing secrecy and keeping records open. The law enables the public to assess the operations of its institutions.
Who may make an open records request?
Any member of the public has the right to request access to inspect public records. The requester is not required to demonstrate a specific need or interest in the contents of the record to obtain access.
What obligation does the Open Records Act place on South Georgia State College?
The College is required to provide access to public records that are in its custody or control, including records it has created or received during its operations. However, the College is not obligated to create a record that does not already exist at the time of the request, nor is it required to compile requested information into a single document.
Are there records which may be exempted from disclosure under the Open Records Act?
There are some exemptions to public record access, but these are limited and have been interpreted narrowly by the courts. The law presumes that all records are open to the public, and places the burden on the University to prove that any requested records are exempt. If a public record contains both exempt and non-exempt information, the exempt portions must be redacted, and the remaining non-exempt material must be made available. The exemptions most relevant to SGSC include:
- Medical and veterinary records, and other materials related to personal privacy
- Records related to ongoing investigations
- Records that must be kept confidential by federal law, such as student educational records
- Trade secrets and certain proprietary information
- Certain research data or records that have not been published, patented, or otherwise publicly released
- Confidential evaluations submitted in connection with the hiring of public employees
Are student evaluations of academic courses subject to disclosure under the Open Records Act?
Yes. Since 1988, it has been the opinion of the state Attorney General that such documents are open.
Are personnel files subject to disclosure under the Open Records Act?
Yes. Any exempt material in personnel files, such as social security numbers, medical information, or information relating to the designation of beneficiaries may be redacted.
Are performance evaluations subject to disclosure under the Open Records Act?
Yes. There is no exemption for performance evaluations.
Are e-mails I send and receive subject to disclosure under the Open Records Act?
Yes. Any e-mail sent or received on College-owned equipment, no matter where it is housed, or through private equipment housed on SGSC property, no matter whether it is business-related, is subject to disclosure.
As a SGSC employee, what is my responsibility to preserve public records?
While other federal and state laws may require the University to retain certain records for a specified period, the Georgia Open Records Act does not mandate the retention of any records until they are requested. Once a record is subject to a public records request, it cannot be erased, destroyed, or otherwise disposed of, under penalty of law.
Must SGSC notify employees named in records being disclosed?
While there is no such requirement in the law, the College by procedure notifies employees whose performance evaluations or personnel files are being released under an open records request.
What if I have a question about whether the records requested from me fall under the law?
Whenever you receive a request, you should immediately contact the open records Coordinator in Human Resources. They will evaluate the request for applicability under the law.
Open Records Officer: Fatima Corona
Phone: 912-260-4378
Email: open.records@sgsc.edu
Can SGSC charge requestors for the cost of copies and staff time used in the search?
The law permits a copying fee of up to 10 cents per page, as well as a charge for staff time spent searching for records (after the first 15 minutes). The staff time fee is based on the hourly rate of the lowest-paid employee qualified to search for and compile the documents.
How critical is the time element in complying with the Open Records Act?
It is essential that any department receiving a records request immediately notify Human Resources. The three-day timeframe for the College to respond under the law begins as soon as the request is received, not when it is forwarded to us. Department heads are responsible for ensuring prompt notification to Human Resources, as they are responsible for ensuring compliance with College procedures.