LEADERSHIP
among other information , the length of time for which such documents must be retained . If there is no legally adopted retention schedule , the Open Records Act provides that the agency must comply with the schedule established by the State Records Committee . These are known as the Local Government Records Retention Schedules , and are available through the Georgia Archives for the University System of Georgia . A search of these schedules revealed 91 entries relating to public safety records beginning with LG-19-001 , 911 “ Emergency Call Recordings ,” with a three-year retention period . The final entry in that schedule is LG-19-068A and LG- 19-068B , “ Video Footage from Bodycams / Dashcams / Dronecams .” That section currently requires retention of 180 days except if the recording is part of a criminal investigation , showing a vehicle accident , shows the detainment or arrest of an individual , or shows a law enforcement officer ’ s use of force , which requires retention for 30 months .
It should also be kept in mind that a request under the statute may be made orally or in writing . The agency should make the effort to ask that the request
12 FALL . 2020 be in writing , and provide a form on its website which can be completed and submitted electronically .
Perhaps the most important issue which we still continue to address involves the time frames for a response . For instance , we still get constant questions from law enforcement agencies , together with other departments of local governments , as to when records are required to be made available for inspection and copying . The succinct statutory answer is within a reasonable time , not to exceed three ( 3 ) business days , to be in compliance with the Act .
In our experience , there are far too many requests that are not filled or otherwise responded to within the time limits . Many times , we are consulted well after the three-day period has passed . We are given a good faith explanation , such as the clerk that usually fills such requests is on vacation , or there are just too many requests and too many documents that we have to find and copy . There are a lot of reasons we all have for non-timely production , but the fact is that they are no longer well received by any requestor . In times past , requestors would simply follow up with the agency and just ask , sometimes repeatedly , when they will be getting them . Then the law enforcement agency was criticized for ignoring the request and being too lazy or “ incompetent ” to produce the legally required documents . In these times , the tone has gotten considerably harsher , tending to include accusations that the agency is purposefully withholding the documents , hiding or even destroying them , and the agency is being reminded that violations of the Open Records Act is a misdemeanor . The media and the State Attorney General are notified .
But this situation can be easily avoided . The Act provides that where documents are not immediately available or the agency estimates it will cost more than $ 25 to produce them , the agency can send a letter to the requestor within the same three business days which contains a written description of the records available , the time when the documents will be able to be produced , and an estimate of the costs involved . If the estimate of costs is provided , the agency may wait for approval of the estimate before working to fill that request . This process must be conveyed to the requestor . This simple procedure provides a commonsense solution for both the requestor and the agency , but that response must be within three business days . And of course , the agency must move as quickly as possible to fill the request .