Gov. Deal says Ga.’s open records law hurts business potential
10:30 am, January 12th, 2012
Gov. Nathan Deal told publishers at a meeting this morning at the Capitol that Georgia’s open records law is undermining the state’s efforts to lure the “biggest new business opportunity since KIA.”
“We are having our biggest competitor file open record requests to find out what Georgia’s offer will be. They do not have in their state an equivalent law in place that allows us to find out what their offers are. That’s not a very good playing field,” Deal said.
Deal said the state Department of Economic Development is meeting with representatives of the Georgia Press Association to “see if there is a middle ground” in disclosure of economic development information.
He suggested it might be appropriate to place restraints on disclosure on all or part of such information until a deal is “sealed.” At that point, all information would be available for release, he said.
The governor emphasized that his administration is working with the Georgia Press Association to find a “reasonable compromise.”
“But when your competitors know what cards you’re holding and you don’t know what cards they’re holding, it’s a one-sided game.”
Attorney General Same Olens has proposed a broad re-write of the state’s open government laws, and his proposals are contained in HB 397, sponsored by Rep. Jay Powell. Deal said he didn’t know if Powell’s bill would address his concerns but added that “I know this is an area of interest for him.”
Tags: Georgia, open records
Contributor: Ed Bean in Open Records | Tags: Georgia, open records| subscribe to rss | 
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January 12th, 2012 at 4:17 pm
Negotiation information should be privileged. Of course after the deal is done, all information should be made available. If the documents show any underhanded or illegal dealings then those responsible should be held accountable.
January 12th, 2012 at 10:22 pm
Nathan Deal is a crook. He and his daughter and son and law engaged in bankruptcy fraud to try to hide their financial dealings. Now he wants to get rid of our open records laws. It is really a shame that the electorate in Georgia is made up primarily to two groups, African Americans who vote Democratic and want the government to give them something, and so called conservative whites who hate the blacks more than anything else and will vote for any candidate that opposes them. Just think, if we could eliminate all regulation against using child labor, minimum wage laws, environmental laws, etc., businesses would flock to Georgia so that they could exploit our workers and resources, and we would have many more low wage jobs available. Perhaps so many of them, that each of us could have two each.
January 12th, 2012 at 10:26 pm
Why shouldn’t Nathan Deal and his friends be able to secretly receive bribes from potential new industries if Deal gives them tax breaks, and other concessions. The open records law attempts to prevent this, and therefore, businesses don’t come to Georgia, because Deal cannot make secret agreements with them.
January 13th, 2012 at 4:49 pm
The law of unintended consequences, often cited but rarely defined, is that actions of people—and especially of government—always have effects that are unanticipated or unintended. As my Torts Professor, Perry Sentell, used to say a good law has to work in even a bad situation. One aspect of Georgia’s Openness in Government law is Public records under the Open Records Act also include 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 a public office or agency, unless the records are otherwise protected by specific statute or court order from disclosure. O.C.G.A. § 50-18-70 (a); Hackworth v. Atlanta. Bd. Of Educ., 214 Ga. App. 17, 447 S.E.2d 78 (1994); Athens Newspapers, LLC v. Unified Gov’t of Athens-Clarke County, 284 Ga. App. 465 (2007), cert. granted by Ga. Supreme Court, September 26, 2007. Records prepared or maintained by a private entity in cooperation with public officials, or contemplating the use of public resources and funds are considered public records and are subject to the Open Records Law. Cent. Atlanta Progress, Inc. v. Baker, 278 Ga. App. 733 (2006).
An exemption of open records with commercial purposes or in the hands of private entities would effectively end open government in this state. As the state would simply shift its records or functions to private “contract” entities. Can you say Blackwater. The government has lawyers too and they know how to use loop holes.
More obviously, it strains credibility to believe that a business soliciting government incentives to locate an enterprise in a given State wouldn’t play the States against each other. Open government is a pillar of a free and fair society. Transparency is important since it is one of the theoretical conditions required for a free market to be efficient. So don’t tell me that less information is good for business, it’s not.