5. Pleading format.

Suits to enforce the Act are typically initiated by filing with the court a verified complaint against the agency officials who have violated or threatened to violate the Act, explaining the violation and describing the relief sought. The complaint typically seeks issuance of an injunction to remedy past and/or prevent future violations and is accompanied by a motion and supporting memorandum to the same effect. Where time is an issue, the motion should request entry of an immediate injunction and request that the court hear the matter on an emergency basis.

2. Others, including non-traditional news gatherers

Because of its broad scope, the privilege protects not just traditional reporters, but any person "engaged in the gathering or dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast." This definition would includes all authors, be they research assistants, newspaper librarians, student interns, etc. But see Vance v. Krause, Civil Action No. 90-1687-5 (DeKalb County Superior Court, Nov.

(1). Information required.

The Act makes no distinction between regular and emergency meetings with regard to the minutes required, except that in the case of a meeting held on less than 24 hours notice, the reason for holding the meeting on less than 24 hours notice and the nature of the notice must be recorded in the minutes. O.C.G.A. § 50-14-1(d).

D. Court action.

(This section is blank. See the subpoints below.)

G. Collective bargaining records.

The Act does not exempt collective bargaining records.

F. Pretrial motions and records



It is well established in Georgia that the public enjoys a clear and routine right of access to pretrial criminal proceedings and records. R.W. Page Corp. v. Lumpkin, 249 Ga. 576, 578-79 (1982) (reversing the trial court's exclusion of the press from pretrial hearings, including hearings on motions for change of venue, individual and sequestered voir dire of prospective jurors and admissibility of certain evidence in a murder trial). Indictments and guilty pleas are also public records accessible to the public. Gonzales v. State, 286 Ga. App. 821 (2007).

E. Are there sanctions for unapproved comment?

The Act does not set forth any sanction for unapproved comment.

d. Language

There is no preferred language that should be included in a motion to quash.

f. Tape recording requirements.

There are no tape recording requirements for closed meetings under the Act.


Over the past decade, as I see it, our court has breathed life into some old words that have lain dormant within our Constitution for most of their century-old existence. The words are:

Public officers are the trustees and servants of the people and are at all times amenable to them.