LEADERSHIP
produced , as there was no exemption to withhold production , resulting in a lawsuit by the subject of the photos . Agency officers and employees must understand the problems that “ cross-use ” of devices for personal and agency information can and often create .
Finally , as alluded to above , there is a wealth of information to assist you in complying with the Open Records Act and answering your questions . First and foremost is the city or county attorney with whom you work in representing and advising your agency . They will be knowledgeable not only of the Act and its interpretation by the Courts and other professionals in related fields , but of any local ordinances and policies which may give guidance . Both the Association of County Commissioners of Georgia and the Georgia Municipal Association have extensive publications that contain analyses of all provisions , commentary , frequently asked questions , and forms . Perhaps most importantly , the Georgia Association of Chiefs of Police has partnered with other law enforcement organizations as well as the Georgia Attorney General ’ s Office and the Georgia Press Association to publish “ A Law Enforcement Officer ’ s Guide to Open Records in Georgia ,” now in its third edition . This is extremely useful as a reference , and it is targeted to the functions of a law enforcement agency and is therefore not encumbered by all of the information pertaining to the numerous other local government operations .
The Attorney General ’ s Office has the Law Enforcement Guide posted on its website , as well as other valuable information . All of these publications contain extremely useful forms that can be utilized to facilitate compliance and access to public records , and can easily be adapted for your agency ’ s use .
Moreover , GACP has an approved training course on “ Open Records for Law Enforcement Executives .”
Compliance with the Open Records Act will continue to be a most important function of a law enforcement agency , and proper and timely responses will demonstrate transparency and build trust and public respect .
Richard “ Dick ” Carothers was appointed to the position of General Counsel for the Georgia Association of Chiefs of Police upon the retirement of our esteemed counsel Michael Caldwell . A graduate of Emory University School of Law , he has practiced local government law in Georgia for 40 years . He served as an Assistant City Attorney for the City of Atlanta , as County Attorney for Gwinnett County , and has been City Attorney for a number of cities over the years . He is a member of the Georgia and Ohio Bar Associations .
Dick also serves as insurance defense counsel for cities and counties including their officers and employees throughout Georgia in state and federal courts . His firm is currently defending cases representing numerous law enforcement officers and first responders . He is admitted to practice in all Georgia appellate courts , the Northern and Middle District federal courts , the 11th Circuit Court of Appeals , and in the United States Supreme Court . Dick has represented a Georgia city in a case and argued before the Supreme Court .
Dick is the Past President of the Local Government Section of the State Bar of Georgia and serves as a Special Assistant Attorney General for the Georgia Department of Transportation . His firm , Carothers & Mitchell , is located in Buford , Georgia .
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