ATLANTA — A former city communications director faces criminal charges for open records violations.

It is the first criminal Sunshine Law investigation in Georgia.

Jenna Garland, former Atlanta Mayor Kasim Reed’s then press secretary, was issued two citations for violations of the Georgia Open Records Act by Attorney General Chris Carr. 

The citations state that on two separate occasions Garland told the director of communications for the City of Atlanta Department of Watershed Management to drag out a records request response to a news agency. This is a direct violation of the Open Records Act that states it is a misdemeanor to knowingly and willingly attempt to frustrate access to records.

Garland’s attorney has publicly denied the allegations. 

Carr said in a statement that openness and transparency in government are vital to upholding the public trust. 

“I am confident that this action sends a clear message that the Georgia Open Records Act will be enforced,” Carr said. “I commend the Georgia Department of Law’s Prosecution Division and the Georgia Bureau of Investigation for their work on this first of its kind prosecution.”

The first citation said the Department of Watershed Management received an open records request for billing, payment and usage records from WSB-TV for a specific address on March 7, 2017. 

The citation alleges Garland instructed the director of communications for the City of Atlanta Department of Watershed Management to “(d)rag this out as long as possible (a)nd provide information in the most confusing format available.” 

A second citation was issued for another WSB-TV open records request on March 21, 2017, for certain billing records.

Several days later on April 21, 2017, Garland told the director of communications to “(h)old all” documents responsive to the request until the requester asked for an update.

This case first came to the attention of the office of the attorney general following a news story, which aired March 8, 2018 on WSB-TV. 

The story alleged open records violations by then-mayoral press secretary Jenna Garland and potentially others. The attorney general asked the Georgia Bureau of Investigation to open an investigation into the matter. 

These citations are the product of that investigation.

CNHI Deputy National Editor Jim Zachary, who is vice president of the Georgia First Amendment Foundation and the foundation’s open government trainer, said this is a landmark development when it comes to open government in Georgia.

“While open government advocates are encouraged by the attorney general’s call for a criminal investigation and a finding of criminal activity in violating the state’s Open Records Act, we also hope local governments throughout the state pause and think about the implications,” said Zachary, who is also director of the Transparency Project of Georgia and editor of The Valdosta Daily Times. 

He said the case is about the public’s right to know and that people should be aware of government business. 

“This turn of events shows there are teeth in the Georgia Sunshine Law,” Zachary said. “Every document held in government halls, whether it is at the city, county or state level, belongs to the public. Every piece of business that government does is the people’s business.”

Thomas Lynn is a government and education reporter for The Valdosta Daily Times. He can be reached at (229)244-3400 ext. 1256