Grorcia DEPARTMENT oF Law
+40 Capitol Square SW
Allanta, Georgia 30334-1300, wow law ga.gov
(404) 656-3300
(CHRISTOPHER M. CARR
‘ATTORNEY GENERA
Writer's Direct Dia:
400-656-4168
Fax 404-657-9932
August 17, 2018
Via email: vernstes(@dekalbcountyea.gov
Viviane Emstes, Esq.
DeKalb County Attorney
‘Manuel J. Maloof Center, Fifth Floor
1300 Commercial Drive
Decatur, Georgia 30030
Re: Open Records Act complaint from Viola Davis
Dear Ms. Emstes:
Tam writing to you in your capacity as the County Attomey for DeKalb County. Ihave enclosed
correspondence from Ms. Viola Davis concerning an Open Records request that she submitted to
the county on July 5, 2018. She provided me with a copy of her request, a copy of the cost
estimate that she received from the county, and copies of subsequent correspondence with the
county about her request.
Under Georgia law the Attomey General, as an independent constitutional officer, has the
discretionary authority to enforce the Open Records Act and the Open Meetings Act.
O.C.G.A. §§ 50-14-5(a), 50-18-73(a). The Attorney General has chosen to exercise that
discretion by establishing a mediation program where citizens may raise issues and concerns
with us regarding the Acts and we will attempt to resolve disputes between citizens and local
government.
It scems that the cost estimate and timeline sent to Ms. Davis on July 5 did not estimate the cost
of fully responding to Ms. Davis’s request, and did not provide a timeline for when the records
‘would actually be available for her inspection. She was given a “retrieval cost” estimate of $135,
which appears to include only the cost of locating and retrieving the requested records. The
letter states that the cost estimate for reviewing and redacting the records would be provided
later. However, it seems that Ms. Davis was asked to agree to pay the estimated costs, even
‘though the total estimated cost had not been provided to her within three days of her request as
required by O.C.G.A. 50-18-71(4).Viviane Emnstes, Esq.
August 17, 2018
Page 2
am not aware of all the circumstances surrounding Ms. Davis’s request, and I am not assuming
‘the county violated the law. I would appreciate a response to this complaint within 10 business
days of the date of this letter.
Sincerely,
Dennifer Colanselo
Jennifer Colangelo
‘Assistant Attomey General
ce: Ms. Viola Davis
Enclosures