McFrugal Rental of Riverdale, Inc. v. Garr, S92A0509
| Decision Date | 16 July 1992 |
| Docket Number | No. S92A0509,S92A0509 |
| Citation | 262 Ga. 369,418 S.E.2d 60 |
| Parties | McFRUGAL RENTAL OF RIVERDALE, INC. v. GARR, et al. |
| Court | Georgia Supreme Court |
Rebecca Speir Merry, Gainesville, for McFrugal Rental of Riverdale, Inc.
Steven M. Fincher and David J. Worley, Glaze, Glaze, Fincher & Brakefield, P.C., Jonesboro, for Garr, et al.
McFrugal Rental of Riverdale, Inc. sought to inspect the minutes of the Riverdale City Council meetings, zoning maps, and ordinances of the City of Riverdale. 1 Gerald B. Garr, the Riverdale City Manager, responded that McFrugal would be allowed to inspect the records upon payment of a $13.62 per hour fee to cover the cost of a temporary employee to supervise McFrugal. McFrugal then brought this action to enforce compliance with the provisions of the Open Records Act, OCGA § 50-18-70, et seq. ("The Act") The trial court determined that McFrugal had not met its burden of proof and denied all relief. For the reasons that follow, we vacate the judgment and remand for further proceedings.
The purpose of the Open Records Act is to encourage public access to government information and to foster confidence in government through openness to the public. Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980). There is no dispute that the records sought by McFrugal are public records as defined by the Act. 2 None of the Act's exceptions to the disclosure requirement apply. See OCGA § 50-18-72.
OCGA § 50-18-71 makes provisions for the custodian of public records to charge a fee to members of the public who seek access to public records. By its nature, any fee imposed pursuant to OCGA § 50-18-71 constitutes a burden on the public's right of access to public records. Therefore, the statute must be narrowly construed. As we construe the statute, the imposition of a fee is allowed only when the citizen seeking access requests copies of documents or requests action by the custodian that involves an unusual administrative cost or burden. Thus, a fee may not be imposed under OCGA § 50-18-71 when a citizen seeks only to inspect records that are routinely subject to public inspection, such as deeds, city ordinances or zoning maps. Further, the custodian of the records must bear the burden of demonstrating the reasonableness of any fee imposed. Compare Napper v. Georgia Television Co., 257 Ga. 156, 356 S.E.2d 640 (1987) ().
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...and structure, this Court in a number of cases had described the right as a “public right.” See, e.g., McFrugal Rental of Riverdale v. Garr, 262 Ga. 369, 369, 418 S.E.2d 60 (1992) (“public's right of access to public records”); Bd. of Regents of the Univ. System of Ga. v. Atlanta Journal, 2......
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