Newspaper Page Text
The Summerville News, Thursday, July 31, 1986
14-A
INSPECTION OF PUBLIC RECORDS
50-18-70. Public records to be open for inspection;
amount of time permitted for determination of whether re
quested records are subject to access.
(a) All state, county and municipal records, except those
which bg order of a court of this state or by law are gro
hibited from being open to inspection by the general public,
shall be open for a gersona] inspection of any citizen of this
state at a reasonable time amreclace: and those in charge
of such records shall not refuse tfljs rivilege to any citizen.
(b) The individual in control olp such public record or
records shall have a reasonable amount of time to deter
mine whether or not the record or records requested are
subject to access under this article. In no event shall this
time exceed three business days.
50-18-71. Right to make copies on extracts; supervision
of records custodian; charges for services. — In all cases
where an interested member of the public has a right to
inspect or take extracts or make copies from any public
records, instruments, or documents, any such person shall
have the ri¥ht of access to the records, documents, or in
struments for the purpose of makin(f photographs of the
same while in the iossession. custody, and control of the
lawful custodian thereof, or his authorized deputy. Such
work shall be done under the supervision of the lawful
custodian of the records, who shall have the right to adopt
and enforce reasonable rules governing the work. The work
shall be done in the room wfiere the records, documents,
or instruments are kept by law. While the work is in pro
gress, the custodian may charge the person making the
photographs of the records, documents, or instruments at
a rate of compensation to be agreed oltxipon by the person
making the photographs and the custodian for his services
or the services of a geputy in supervising the work.
50-18-72. Limited application of provisions; refusal to
disclose identity of informant.
(a) This article shall not be atpplicable to records that
are specifically required by the federal government to be
kept confidential or to medical records and similar files, the
disclosure of which would be an invasion of personal
Frivacy. All records of hospital authorities other than the
oregoinf shall be subject to this article. All state officers
and employees shall have a privilege to refuse to disclose
the identity of any person who has furnished medical or
other similar information which has or will become incor
porated into any medical or public health investigation,
study, or report of the Department of Human Resources.
The identity of such informant shall not be admissible in
evidence in any court of the state unless the court finds
CROSSING DISTRICT LINES
Middle School Conflict?
from front page
Summerville Middle School.
At the board’'s Feb. 14,
1985 meeting, minutes of the
session say,
‘‘Superintendent Hayes
gresented several items to the
oard for future consideration.
One item had to do with
students being transported by
the county sc%xool buses pass
ing through one school district
to atteng school in another
district. Our system now has
apfproximately 17 such cases.
After some discussion, the
board agreed that this will not
be permitted in the future and
that well in advance of school
beginning in the fall of 1985,
we shouFd advertise this so
that parents will have time to
make other arrangements. The
parents must stifi have board
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approval if their children at
tend school in a different
district and they must provide
transi)ortation to and from
school. Also, they must be sure
that the school is willing to ac
cept them so that over
crowding does not occur. This
was unanimously approved
upon a motion by Mr. King and
a second by Mr. Mitchel%."
However, those minutes
were modified at the board’s
March 11, 1985 meeting as
follows:
‘... Inthe third paragraph
the fifth and sixth sentences
were changed to read ‘children
who ride buses will be allowed
to cross district lines with
board approval.’ Mrs. Johnson
made a motion to accept the
minutes as changed. Mr.
Massey seconded this motion
that the identity of the informant already has been disclos
ed otherwise.
(b) This article shall not be applicable to any applica
tion submitted to or any permanent records maintained by
a judge of the probate court pursuant to Code Section
16-11-129, relating to licenses to carry pistols or revolvers,
or pursuant to any other requirement for maintaining
records relative to the possession of firearms. This subsec
tion shall not xreclude law enforcement agencies from ob
taining records relating to licensing and possession of
firearms as provided by law.
50-18-73. gurisdiction to enforce article. — The superior
courts of this state shall have jurisdiction to entertain ac
tions against persons or a%fncies having custody of records
open to the public under this article to enforce compliance
with the provisions of this article. Such actions may be
brought by any person, firm, corporation, or other entity.
The court may award to the prevailing party reasonabYe
attorney's fees and other litigation expenses reasonably in
curred in bringing or defending the action to enforce com
pliance with tfiis article, in adgition to such other relief as
may be %rant,ed by the court.
50-18-74. Unlawful refusal to provide access to public
records or to allow copying of such records; penalty. — Any
person who willfully refuses to provide access to public
records as provided in Code Section 50-18-70 of this arti
cle or who refuses to allow the examination and copying
of records as provided in Code Section 50-18-71 of this ar
ticle shall be guilty of a misdemeanor.
CONDUCT OF MEETINGS OF
STATE DEPARTMENTS,
AGENCIES, BOARDS, ETC.
50-14-1. Meetings of agencies open to public; resolution,
rule, etc., not binding except when made at open meetings;
limitation on contesting resolution, rule, etc.; access of news
media to meetings; public notice of regular and special
meetings; minutes of meetings to be recorded and open to
public; jurisdiction to enforce chapter.
(a) As used in this chapter, the term:
(1) **Agency’’ means:
(A) Every state department, agency, board, bureau,
commission and authority;
(B) The governing authority of every county, municipal
corporation, school district, or other political subdivision
of this state;
(C) Every department, agency, board, bureau, commis
sion, authority, or similar bogy of each such county,
municipal corporation, or other political subdivision of the
state; and
and it was unanimously ap
proved."”
MISTAKE
However, Chairman Cook
said, ‘‘There’s a mistake there
somewhere . . . "’ in reference to
the March 11 modification.
“They can't cross the district
lines riding the bus. Their
parents can carry them if it's
okay with the principal and no
overcrowding occurs. The new
school is for the Summerville
area.”
Supt. (Don) Hayes, when
asked about the apparent
discrepancy last week, replied,
“I don’t know anything about
that (the state department
document). The only policy the
board has that I'm aware of is
that no child can be
transported past his school
district lines to another by a
county bus.” Cook said Hayes
was out of town this week and
he would get with the
superintendent next week to
discuss the matter.
At the board's April 15,
1985 meeting, the minutes
reflect a direct reference to the
new middle school. They say,
“Mr. Massey asked the
board if the new school has
been given a name. He explain
ed that several citizens from
Menlo called to express con
cern as to whether the students
from Lyerly, Menlo and Penn
ville woul({ be moved to the
new school when it is com
pleted. Mr. Massey was in
formed that the new school
would be the Summerville
Junior High School and would
house only the 6th, 7th and Bth
grade students who attended
school in the Summerville
area.”
PLAN PROCESS
Bill Gilbert of the Facilities
Section of the Georgia Depart
ment of Education said a
school system develops a plan
such as the 1982 Cfiattooga
proposal and it is then review
ed by a survey team. The team
of educators may then accept
or reject the plan. If it is ac
cepted, it goes to the local
board of education for approval
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We are exempt from all taxes and licenses
We are a non-profit association and prohibited by state
laws from making a profit
We have no agents — so you pay No agent's commission
You deal directly with an officer of the company. You deal
with homefolk 4n buying your insurance and paying claims
We are the largest and oldest Farmers Mutual in Georgia.
organized in 1892 and insuring property in our area ever sirce
CONTACT BILL TATE
AT TATE FURNITURE CO.
734-2281
WE DO NOT INSURE AUTOS
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LIGHTNING BLASTED OPEN SIDEBOARD DRAWERS AT BEARDEN HOUSE
Wall Blackened Behind Sideboard And Dishes Smashed
and then to the state board of
education for final approval.
The document then gecomes
the official policy of the local
and state boards of education,
he indicated.
*“lf their policy states
something different than their
state plan, then the plans are
in conflict,”” Gilbert said. The
issue ‘“‘will have to be address
ed,” Gilbert said.
Cook said he’s not worried
about a potential problem ex
isting should students outside
Summerville seek to attend the
new middle school.
“I don’t think that it would
create a problem because I
don't thinfi that many would
want to, anyway. We couldn’t
do it anyway because we don’t
have room. Not over two or
three in each district would
want to go.”
If the%)oard ultimately has
to provide transgortation from
other areas to the new school,
Cook said no problem would
arise ‘‘because we have buses
from all over the county going
to the high school alreagy."
(D) Every city, county, regional or other authority
established pursuant to tKe laws of this state.
(2) “Meeting" means the gathering of a quorum of an
agency, pursuant to schedule, call, or notice of or from the
afency at a designated time or place, at which proposed
official action is to be discussed or at which official action
is to be taken.
(b) Any provision of this or any other law to the con
trary notwithstanding, the term “records” or “‘public
records’’ means those documents and writings which are
prepared and kept as written memorials of a final action
taken b{ any agency.
(c) All meetings o{ any agency at which proposed official
action is to be tfiscussed or at which officiargction is to
be taken shall be open to the public at all times. No resolu
tion, rule, regulation, ordinance, or other formal action of
an agency shall be binding unless taken, made, or arrived
at in compliance with this chapter. Any action contestinfi
a resolution, rule, regulations, ordinance, or other forma
action of an agency on the ground of non-compliance with
this chai)ter must be commenced within 90 days of the date
the resolution, rule, crdinance, or regulation was passed or
the formal action was taken, provideglihat any action under
this chag}ter contesting a zoning decision of a local gover
ning authority shall be commenced within the time allow
ed 3' law for appeal of such zonin decision.
(d) The public at all times shall%e afforded access to
meetings declared open to the public pursuant to subsec
tion (c) of this Code section. Visual, sound, and visual and
sound recording during (;{)en meetings shall be permitted.
(e) Every agency shall prescribe the time, place and
dates of regular meetings olp the agency. Such in?ormation
shall be available to the general public. Meetings shall be
held in accordance with a regular schedule, but nothing in
this subsection shall preclutfeu an agency from canceling or
postponing any regularly scheduled meeting. Whenever any
scheduled, adjourned, or postponed meeting required to be
open to the gublic is to be held at a time other than that
regula;(lfr scheduled, or when any specially called meeting
required to be open to the public is to be Keld. the agency
shall give due notice thereof. A notice shall be sufficient
if posted for a period of 24 hours at the place of regular
meetings. When special circumstances occur and are so
declared b})" an agency, that agency may hold-a meeting
with less than 24 hours notice upon giving such notice as
is reasonable under the circumstances, in which event the
reason for holding the meeting within 24 hours and the
nature of the notice given shall%e recorded in the minutes.
(f) The minutes o%la meeting of any agency shall be pro-
Lightning Al t
Kills Local M
from front page
he usually does, his wife speculated, the casing probably
would have impaled itself in his head.
“I WAS IN the living room and it (the lightning) blow
ed a door casing out by my head,” Bearden said a short
time after the incident. *‘The house was full of smoke and
I was afraid to move because of the dern electricity.”
“I didn't see it,” Mrs. Bearden replied when asked if
she had seen the casing sail past her husband.
The lightning blackened a wall inside the Bearden house
and knocked open drawers on a sideboard, spilling and
breaking dishes on the kitchen floor. It also burned out their
microwave oven and television set and fried the wiring in
side their new washing machine.
“We had bogfht it (the washing machine) a week and
a day before,”” Mrs. Bearden said.
THE BOLT knocked several items off shelves and
blasted open closet doors throughout the house. It also
smashed a swinging light in the front bedroom.
Summerville firemen responded to the Bearden'’s call
for help since the house was filled with smoke. A search
of the fiouse didn't find a blaze but they did find fire erup
ting from the ground near the pecan tree. The lightning
ha§ ruptured an underground gas line and set it afire.
“One of the firemen told me he put it out one time by
just stomping on it,”” Mrs. Bearden said. ‘‘Fire was com
ing out of the ground out there.” City of Summerville gas
crews soon turned off the gas and eliminated that danger.
THE BEARDENS also found that the lightning had
shattered most of the windows in a shed some 75 feet
behind their house. 'lf it had hit all that acetylene gas out
there (in the shed) it would have blowed this whole place
off the map,” Bearden said.
David Morgan, who resides across the street, was sit
ting on his front porch during the worst of the storm and
saw the lightning hit the pecan tree. "It just went ‘ka
boom!’ "’ he said.
Mrs. Bearden said Monday she had found more smoke
dama%le inside the house than she had efi)ect,ed. That’s bad
enough under any circumstances but while on vacation four
days last week, she had painted much of the interior of the
house.
INSURANCE adjusters and electricians were visiting
the Beardens early this week to determine the extent of
damage caused by the lightning.
mptly recorded and such records shall be open to Fublic
inspection. The superior court of this state shall have
jurisdiction to issue injunctions to enforce the gurposes of
this chagter. l(x})on application by any citizen o this state.
50-14-2. Certain privileges not repealed.
(a) This chapter shall not be construed so as to repeal
in any way:
d( 1) The attorney-client privilege recognized by state law;
an
(2) Those tax matters which are otherwise made con
fidential by state law.
(b) Where a meeting of an agency is devoted in part to
matters within the exceptions set forth in this chapter, any
portion of the meeting not subject to any such exception,
privilege or confidentiality shal|l be open to the public, and
minutes of such portions not subject to any such excep
tions shall be taken, recorded, an Oé)en to public inspec
tion as provided in subsection (f) of ode Section 50-14-1.
In addition, the minutes of any such meeting shall reflect
the specific reason or reasons for any closure.
50-14-3. Unlawful to conduct meeting not held in accor
dance with chapter. — It shall be glawful for any person
who is a member of any agency to conduct any meeting
not held in accordance with this chapter. Any person
violating this Code section shall be fuilty of a misgemeanor
and, upon conviction thereof, shal be punished by a fine
not to exceed SIOO.OO.
50-14-4. Apfplicability of chapter. This chapter shall not
apply to the following:
(1) Staff meetings held for investigative purposes under
duties or ress)onsi ilities imposed by law;
(2) The deliberations and voting of the State Board of
Pardons and Paroles;
(3) Meetings of the Georgia Bureau of Investigation or
any other law enforcement agency in the state, including
grand jury meetings;
(4) MeetinFs when any agency is discussing the future
acquisition of real estate;
(5) Meetings of any committee of a public hospital when
the comnittee is considering the grant of abortions under
state law;
(6) Meetings when:
(A) Any agency is discussing the aEFointment, employ
ment, disciplinary action, or dismissal of a public ofiicer
or employee; or
(B) Any agency is hearing complaints or charges
brought against a public officer or emplyee unless he re
quests a public meeting; and
(7) Adoptions and proceedings related thereto.
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B R P e e L
BEARDENS CHECK DAMAGE TO HOUSE
Bolt Hit Tree, Smashed Into House, Exploded Gas Line
DENTURE SPECIAL
FOR JULY
S3OO-00 AND UP
FULL UPPER AND LOWER
DR. B. LOVINGOOD
et e aene - 887.39(0)2
RE-ELECT
e R T
CHATTOOGA
BOARD OF EDUCATION
—SEAT 4-
ELECTION AUGUST 12, 1986
YOUR VOTE AND INFLUENCE
WILL BE APPRECIATED
PAID POLITICAL ADV. — PAID FOR BY JOEL COOK