Request for records under Georgia Open Records Act - Ryan Teague
Content
Monday, July 28, 2014 OPEN RECORDS ACT REQUEST Via Fax Transmission to (404) 656-5948 & via First Class Mail William Ryan Teague, Esq. Executive Counsel Office of the Governor 201 State Capital Atlanta, Georgia 30335 RE: Request for records under Georgia Open Records Act Dear Mr. Teague: The Open Records Act, O.C.G.A. § 50-18-70 et seq., requires that all documents, papers, letters, maps, books, tapes, photographs, or similar material that is maintained, prepared, or received by the Office of Governor in the course of its operation be open for inspection by any citizen at a reasonable time and place. In accordance with the Open Records Act, I am requesting an opportunity to review and copy the following materials:
1.
All written communication between you and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that you may use, messages sent to or from all private e-mail address you may use (including but not limited to [email protected]), and messages sent to or from any private instant- messaging service you may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (you) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). PLEASE ALSO NOTE that you cannot claim that the attorney-client privilege exempts these requested records from disclosure. The attorney-client privilege protects from disclosure communications BETTERGEORGIA.COM
between a lawyer and that lawyer’s client. Ms. LeBerge is not your client. 2. All written communication between you and Nathan Deal regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that you may use, messages sent to or from all private e-mail address you may use (including but not limited to [email protected]), and messages sent to or from any private instant- messaging service you may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (you) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). PLEASE ALSO NOTE that you cannot claim that the attorney-client privilege exempts these requested records from disclosure. The attorney-client privilege protects from disclosure communications between a lawyer and that lawyer’s client. You are the Governor’s Executive Counsel. That is a position in state government created by statute. See O.C.G.A. § 45-12- 55. Your client is the Office of the Governor, not the man Nathan Deal. Any communication between you and Nathan Deal regarding alleged personal misconduct by him would not be covered by the attorney-client privilege because he is not your client; the Office of the Governor is. You are paid to provide legal counsel to Nathan Deal regarding his official actions when he as acting in his official capacity as Governor of the State of Georgia. You are not paid by the State of Georgia to provide counsel to the man Nathan Deal related to his personal conduct, conduct that does not involve his exercise of the official powers of the Office of the Governor. 3. All written communication between Chris Riley and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and BETTERGEORGIA.COM
all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that Mr. Riley may use, messages sent to or from all private e-mail address Mr. Riley may use, and messages sent to or from any private instant-messaging service that Mr. Riley may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (Mr. Riley) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). 4. All written communication between any employee of the Office of the Governor and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone, messages sent to or from all private e-mail address, and messages sent to or from any private instant-messaging service. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (Mr. Riley) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). I believe that none of the material that I am requesting is covered by the exemptions specified in O.C.G.A. § 50-18-72. If you disagree, please provide a detailed written description of the material that you contend is exempt from disclosure. Please also identify the statutory provision that you contend authorizes you to refuse to produce the material for inspection and copying so that I can evaluate the reasonableness of your denying access to the information. The Open Records Act guarantees the right of citizens to reproduce records, subject to a payment of costs based upon the most economical means available for providing copies of records. If the cost for obtaining copies of the requested records does not exceed $500, please copy the records and mail them to me (Better Georgia, P.O. Box 1982, Athens, GA 30603-1982) with an invoice and I will promptly send payment for the costs. Otherwise, please advise me of any costs that you plan to assess to respond to my request and state the basis for computing the charges utilizing the method specified in O.C.G.A. § 50-18-71 and wait for my approval before incurring any costs. BETTERGEORGIA.COM
I eagerly anticipate receiving these records within three business days in accordance with O.C.G.A. § 50-18-71(b). Thank you for your assistance. Sincerely, Bryan Long
Executive Director Better Georgia
BETTERGEORGIA.COM
1.
All written communication between you and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that you may use, messages sent to or from all private e-mail address you may use (including but not limited to [email protected]), and messages sent to or from any private instant- messaging service you may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (you) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). PLEASE ALSO NOTE that you cannot claim that the attorney-client privilege exempts these requested records from disclosure. The attorney-client privilege protects from disclosure communications BETTERGEORGIA.COM
between a lawyer and that lawyer’s client. Ms. LeBerge is not your client. 2. All written communication between you and Nathan Deal regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that you may use, messages sent to or from all private e-mail address you may use (including but not limited to [email protected]), and messages sent to or from any private instant- messaging service you may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (you) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). PLEASE ALSO NOTE that you cannot claim that the attorney-client privilege exempts these requested records from disclosure. The attorney-client privilege protects from disclosure communications between a lawyer and that lawyer’s client. You are the Governor’s Executive Counsel. That is a position in state government created by statute. See O.C.G.A. § 45-12- 55. Your client is the Office of the Governor, not the man Nathan Deal. Any communication between you and Nathan Deal regarding alleged personal misconduct by him would not be covered by the attorney-client privilege because he is not your client; the Office of the Governor is. You are paid to provide legal counsel to Nathan Deal regarding his official actions when he as acting in his official capacity as Governor of the State of Georgia. You are not paid by the State of Georgia to provide counsel to the man Nathan Deal related to his personal conduct, conduct that does not involve his exercise of the official powers of the Office of the Governor. 3. All written communication between Chris Riley and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and BETTERGEORGIA.COM
all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone that Mr. Riley may use, messages sent to or from all private e-mail address Mr. Riley may use, and messages sent to or from any private instant-messaging service that Mr. Riley may use. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (Mr. Riley) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). 4. All written communication between any employee of the Office of the Governor and Holly LaBerge regarding or related in any way to any complaint against Nathan Deal that has or had been filed with the Georgia Government Transparency and Campaign Finance Commission, commonly called the Ethics Commission, related to Nathan Deal’s 2010 campaign for Governor. The material requested includes all written communication, regardless of its form, including letters and similar paper correspondence as well as e-mails (and all attachments to any e-mails), text messages, and instant messages (such as Apple’s iMessage service). Material responsive to this request also includes messages sent to or from any private cell phone, messages sent to or from all private e-mail address, and messages sent to or from any private instant-messaging service. PLEASE NOTE that Governor’s Office’s records subject to disclosure under Georgia’s Open Records Act includes material prepared and maintained or received by a private person (Mr. Riley) in the performance of a service or function for or on behalf of the Office of the Governor. See O.C.G.A. § 50-18-70(b)(2). I believe that none of the material that I am requesting is covered by the exemptions specified in O.C.G.A. § 50-18-72. If you disagree, please provide a detailed written description of the material that you contend is exempt from disclosure. Please also identify the statutory provision that you contend authorizes you to refuse to produce the material for inspection and copying so that I can evaluate the reasonableness of your denying access to the information. The Open Records Act guarantees the right of citizens to reproduce records, subject to a payment of costs based upon the most economical means available for providing copies of records. If the cost for obtaining copies of the requested records does not exceed $500, please copy the records and mail them to me (Better Georgia, P.O. Box 1982, Athens, GA 30603-1982) with an invoice and I will promptly send payment for the costs. Otherwise, please advise me of any costs that you plan to assess to respond to my request and state the basis for computing the charges utilizing the method specified in O.C.G.A. § 50-18-71 and wait for my approval before incurring any costs. BETTERGEORGIA.COM
I eagerly anticipate receiving these records within three business days in accordance with O.C.G.A. § 50-18-71(b). Thank you for your assistance. Sincerely, Bryan Long
Executive Director Better Georgia
BETTERGEORGIA.COM
