Legal Background
To promote an open government, the State of Georgia enacted the Open Records Act as set forth in O.C.G.A. § 50-18-70, et seq. which provides a mechanism for members of the public to request and inspect government records. According to O.C.G.A. § 50-18-70 (b)(2), the term “public record” includes “all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use.”
Even if a record exists at the time of the request, Georgia law may treat some or all of the information contained in such record as exempt from disclosure or confidential. The Georgia Open Records Act outlines applicable exemptions in O.C.G. A. § 50-18-72, and there are numerous confidentiality statutes in federal and state law which may be applicable to an Open Records Request. However, Georgia law requires that any purported statutory exemption be interpreted narrowly.
The Georgia General Assembly has found and declared that: (a) “the strong public policy of this state is in favor of open government;” (b) “open government is essential to a free, open, and democratic society;” and (c) “public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions.” O.C.G.A. § 50-18-70(a). The Open Records Act establishes “a strong presumption that public records should be made available for public inspection without delay.”
General Open Records Requests Concerning District Attorney’s Office
In an effort to investigate the ongoing disregard for the rights of victims and related matters involving the the failure of the District Attorney’s office to effectively prosecute criminals resulting in a safety issues throughout Athens-Clarke and Oconee Counties, a variety of public records have been sought from the District Attorney’s Office, the Sheriff’s Offices, the Clerk’s offices, among other local government offices.
Click on the link to view a listing of some of the responsive documentation. Link to Responsive Documents.
Litigation
On June 7, 2023, a civil action was filed against Deborah Gonzalez seeking to compel disclosure of various pending open records requests and for penalties under the Open Records Act. As set forth in the Complaint, it is alleged that Ms. Gonzalez has failed to comply with her statutory obligations under the Open Records Act by failing to release certain records which are expected to demonstrate the breadth of the District Attorney’s failures, including but not limited to unprecedented staff shortages, staggering caseloads, violations of crime victims’ rights, failure to serve the interests of the public to effectively prosecute criminal cases, and an open disregard for the laws of the State of Georgia.
In the Complaint, it is alleged that Ms. Gonzalez actually instructed a former Assistant District Attorney to destroy records of text messages specifically for the purpose of altering and falsifying records of communications thereby frustrating and preventing the disclosure of internal office communications. This allegations is supported by the a sworn affidavit of the affected employee who is no longer employed by Ms. Gonzalez due to a prior resignation.
The Complaint filed in the Superior Court of Athens-Clarke County seeks the following relief:
- An order from the Court compelling Ms. Gonzalez and her office to enter an interlocutory and final injunction directing her to promptly produce the outstanding records that have been requested.
- An award of civil penalties against Ms. Gonzalez and her office for violations of the Open Records Act, including a $1,000.00 fine for the first violation and $2,500 per violation for each subsequent violation committed within a 12 month period from the first violation.
- An award of attorney’s fees and costs.
Interestingly enough, Ms. Gonzalez may be subject to criminal penalties for the blatant violations of the Open Records Act. It is a misdemeanor violation to “knowingly or willingly” frustrate or attempt to frustrate the access to records by intentionally making records difficult to obtain or review. See: O.C.G.A. § 50-18-74. Wilful destruction of records subject to disclosure may result in felony charges.
Docket
| June 7, 2023 | Complaint to Compel Disclosure of Public Records and for Penalties under the Open Records Act | Download |
| Exhibit 1: Deborah Gonzalez Email to Jeff Baxter | Download | |
| Exhibit 2: Open Record Request to District Attorney’s Office – 03-07-23 | Download | |
| Exhibit 3: Open Record Request to District Attorney’s Office – 03-29-23 | Download | |
| Exhibit 4: Open Record Request to District Attorney’s Office – 03-29-23 | Download | |
| Exhibit 5: Open Record Request to District Attorney’s Office – 03-30-23 | Download | |
| Exhibit 6: Open Record Request to District Attorney’s Office – 03-29-23 | Download | |
| Exhibit 7: Open Record Request to District Attorney’s Office – 04-04-23 | Download | |
| Exhibit 8: Open Record Request to District Attorney’s Office – 04-05-23 | Download | |
| Exhibit 9: Open Record Request to District Attorney’s Office – 04-05-23 | Download | |
| Exhibit 10: Open Record Request to District Attorney’s Office – 04-05-23 | Download | |
| Exhibit 11: Open Record Request to District Attorney’s Office – 04-06-23 | Download | |
| Exhibit 12: Open Record Request to District Attorney’s Office – 04-06-23 | Download | |
| Exhibit 13: Open Record Request to District Attorney’s Office – 4-10-23 | Download | |
| Exhibit 14: Open Record Request to District Attorney’s Office – 04-10-23 | Download | |
| Exhibit 15: Open Record Request to District Attorney’s Office – 04-13-23 | Download | |
| Exhibit 16: Open Record Request to District Attorney’s Office – 04-13-23 | Download | |
| Exhibit 17: Open Record Request to District Attorney’s Office – 04-14-23 | Download | |
| Exhibit 18: Open Record Request to District Attorney’s Office – 04-17-23 | Download | |
| Exhibit 19: Open Record Request to District Attorney’s Office – 05-01-23 | Download | |
| Exhibit 20: Open Record Request to District Attorney’s Office – 05-02-23 | Download | |
| Exhibit 21: Open Record Request to District Attorney’s Office – 05-17-23 | Download | |
| Exhibit 22: Open Record Request to District Attorney’s Office – 05-25-23 | Download | |
| Exhibit 23: Open Record Request to District Attorney’s Office – 05-31-23 | Download | |
| Exhibit 24: Open Record Request to District Attorney’s Office – 02-14-23 | Download | |
| Exhibit 25: Open Record Request to District Attorney’s Office – 03-01-23 | Download | |
| Exhibit 26: Open Record Request to Deborah Gonzalez – 03-07-23 | Download | |
| Exhibit 27: Open Record Request to Deborah Gonzalez – 03-07-23 | Download | |
| Exhibit 28: Open Record Request to District Attorney’s Office – 03-31-23 | Download | |
| Exhibit 29: Open Record Request to District Attorney’s Office – 04-03-23 | Download | |
| Exhibit 30: Open Record Request to District Attorney’s Office – 04-04-23 | Download | |
| Exhibit 31: Open Record Request to District Attorney’s Office – 04-07-23 | Download | |
| Exhibit 32: Open Record Request to District Attorney’s Office – 04-11-23 | Download | |
| Exhibit 33: Open Record Request to District Attorney’s Office – 04-12-23 | Download | |
| Exhibit 34: Open Record Request to District Attorney’s Office – 04-17-23 | Download | |
| Exhibit 35: Open Record Request to District Attorney’s Office – 04-18-23 | Download | |
| Exhibit 36: Open Record Request to District Attorney’s Office – 02-27-23 | Download | |
| Exhibit 37: Open Record Request to District Attorney’s Office – 03-30-23 | Download | |
| Exhibit 38: Open Record Request to District Attorney’s Office – 04-03-23 | Download | |
| Exhibit 39: Open Record Request to District Attorney’s Office – 04-07-23 | Download | |
| Exhibit 40: Open Record Request to District Attorney’s Office – 04-11-23 | Download | |
| Exhibit 41: Open Record Request to District Attorney’s Office – 04-12-23 | Download | |
| Exhibit 42: Open Record Request to District Attorney’s Office – 04-14-23 | Download | |
| Exhibit 43: Open Record Request to District Attorney’s Office – 04-18-23 | Download | |
| Exhibit 44: Open Record Request to District Attorney’s Office – 04-19-23 | Download | |
| Exhibit 45: Open Record Request to District Attorney’s Office – 04-19-23 | Download | |
| Exhibit 46: Open Record Request to District Attorney’s Office – 04-20-23 | Download | |
| Exhibit 47: Open Record Request to District Attorney’s Office – 04-20-23 | Download | |
| Exhibit 48: Open Record Request to District Attorney’s Office – 04-21-23 | Download | |
| Exhibit 49: Open Record Request to District Attorney’s Office – 04-21-23 | Download | |
| Exhibit 50: Open Record Request to District Attorney’s Office – 04-24-23 | Download | |
| Exhibit 51: Open Record Request to District Attorney’s Office – 04-24-23 | Download | |
| Exhibit 52: Open Record Request to District Attorney’s Office – 04-25-23 | Download | |
| Exhibit 53: Open Record Request to District Attorney’s Office – 04-26-23 | Download | |
| Exhibit 54: Open Record Request to District Attorney’s Office – 04-26-23 | Download | |
| Exhibit 55: Open Record Request to District Attorney’s Office – 04-27-23 | Download | |
| Exhibit 56: Open Record Request to District Attorney’s Office – 04-27-23 | Download | |
| Exhibit 57: Open Record Request to District Attorney’s Office – 04-28-23 | Download | |
| Exhibit 58: Email to Undersigned Counsel | Download | |
| Exhibit 59: Media Release – 03-30-21 | Download | |
| Exhibit 60: Open Records with Deborah Gonzalez | Download | |
| Exhibit 61: ADA Teasley Affidavit | Download | |
| Exhibits 62-91: Form Responses by Ms. Gonzalez | Download | |
| Exhibit 92: Agreement to Pay – 04-14-23 | Download | |
| Exhibit 93: Agreement to Pay | Download | |
| Exhibit 94: Agreement to Pay – 04-19-23 | Download | |
| Exhibit 95: Agreement to Pay – 06-05-23 | Download | |
| Exhibit 96: Check for ORR Payment – 03-16-23 | Download | |
| Exhibit 97: Check for ORR Payment to ACC – 03-2123 | Download | |
| Exhibit 98: Check for ORR Payment – 04-13-23 | Download | |
| Exhibit 99: Check for ORR Payment – 04-13-23 | Download | |
| Exhibit 100: Check for ORR Payment – 04-17-23 | Download | |
| Exhibit 101: Check for ORR Payment – 04-19-23 | Download | |
| Exhibit 102: Check for ORR Payment – 04-10-23 | Download | |
| Exhibit 103: Check for ORR Payment – 04-13-23 | Download | |
| Exhibit 104:Check for ORR Payment – 04-17-23 | Download | |
| June 7, 2023 | Summons to Deborah Gonzalez | Download |
| June 8, 2023 | Sheriff’s Entry of Service – Notorious | Download |
| June 8, 2023 | Sheriff’s Entry of Service – Personal | Download |
| June 9, 2023 | Notice of Deposition – Defendant Deborah Gonzalez | Download |
| June 9, 2023 | Notice of Deposition – Jennie De La Vega | Download |
| June 9, 2023 | Notice of Deposition – June Teasley | Download |
| June 9, 2023 | Rule 5.2 Certificate of Service | Download |
| June 30, 2023 | Entry of Appearance | Download |
| July 10, 2023 | Answer & Affirmative Defenses by Defendant Deborah Gonzalez | Download |
| Jul. 10, 2023 | Motion to Dismiss and Motion for Judgment by Defendant Deborah Gonzalez | Download |
| Jul. 28, 2023 | Judge Reassignment Letter | Download |
| Jul. 28, 2023 | Order – All Judges of Western Circuit Recuse | Download |
| Aug. 10, 2023 | Joint Stipulation of Time to Respond | Download |
| Aug. 11, 2023 | Order Appointing Judge David T. Emerson to Conduct Proceedings | Download |
| Aug. 24, 2023 | Order for Specially Set Hearing on November 2, 2023 | Download |
| Sep. 8, 2023 | Response in Opposition to Motion to Dismiss | Download |
| Sep. 12, 2023 | Leave of Absence – Jeffrey Baxter | Download |
| Nov. 1, 2023 | Defendant Deborah Gonzalez’s Reply Brief in Support of Motion for Summary Judgment | Download |
| Nov. 3, 2023 | Order Denying Motion for Summary Judgment | Download |
