2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 6 - Powers and Duties Generally
§ 45-6-6. Office Property Kept by Public Officers Subject to Inspection
All books, papers, and other office property kept by any public officer under the laws of this state may be copied or inspected subject to the requirements of Article 4 of Chapter 18 of Title 50.
(Laws 1831, Cobb's 1851 Digest, p. 196; Code 1863, § 16; Code 1868, § 14; Code 1873, § 14; Code 1882, § 14; Civil Code 1895, § 14; Civil Code 1910, § 14; Code 1933, § 89-601; Ga. L. 2012, p. 218, § 13/HB 397.)
Law reviews.- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012).
JUDICIAL DECISIONS
O.C.G.A.
§ 45-6-6 applicable to clerk of superior court. - This section does not specifically name the clerk of the superior court, but applies to the clerk as a public officer and the books in the clerk's office. Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 160 S.E. 620 (1931).
Clerk may not deny right of inspection.
- This section does not declare that the clerk shall have discretion to deny the right of inspection, but it makes it mandatory that the clerk shall afford such right to all under the conditions prescribed by the law. Baldwin v. Ariail, 232 Ga. 376, 207 S.E.2d 17 (1974).
Private corporation's right of inspection.
- This section does not exclude corporations operating for private gain from the benefits and protection of the recording Acts, but extends to "all the citizens of this State." Atlanta Title & Trust Co. v. Tidwell, 173 Ga. 499, 160 S.E. 620 (1931).
Unauthorized copying of official records prohibited.
- An attorney at law has not, either in the attorney's own right, or in behalf of a corporation represented by the attorney, the right, against the consent of the clerk of the superior court, and without paying the attorney's fees, to make copies of or abstracts from the books of record in the clerk's office for the purpose of compiling abstracts of titles to be used in a private abstract and land-title business carried on by such attorney or corporation. Booth v. Mitchell, 179 Ga. 522, 176 S.E. 396 (1934).
Records not included within section.
- The records and files of the Motor Vehicle Department listing all of the automobile owners of the state do not constitute "books" within the meaning of this section. Grizzard v. State Revenue Comm'n, 177 Ga. 845, 171 S.E. 765 (1933).
OPINIONS OF THE ATTORNEY GENERAL
Grand jury lists are public records which are open to inspection.
- Under Ga. L. 1959, p. 88, § 1 (see now O.C.G.A. §§ 45-6-6 and50-18-70), grand jury lists are public records and as such are matters which are open to inspection by citizens of this state at a reasonable time and place; any citizen, even a newspaper publisher, may copy the grand jury list and also publish those lists in a newspaper, if the publisher so desires. 1967 Op. Att'y Gen. No. 67-371.
Records of actions are public records.
- Actions on account, notes, mortgage foreclosures, and garnishments are "public records" within Ga. L. 1959, p. 88, § 1 (see now O.C.G.A. § 50-18-70) since they are required by law to be kept, as well as within former Code 1933, § 89-601 (see now O.C.G.A. § 45-6-6) since they are contained in books kept by a public officer under the laws of Georgia; therefore, as public records these matters should be open to inspection by citizens of this state at a reasonable time and place. 1967 Op. Att'y Gen. No. 67-340.
Licensing applications submitted to a state board are public records.- Licensure applications submitted to the State Board of Registration of Used Car Dealers and their necessary parts are public records and, therefore, applications and related material become state records open to public scrutiny when they are received by the board; financial statements submitted are a necessary part of this application and are, therefore, open for public inspection; and it would not be permissible for the board to return the financial statements to the applicant without subjecting them to public scrutiny. 1976 Op. Att'y Gen. No. 76-126.
When the board's duties include keeping the applications and related materials.- The mere fact that a document is deposited or filed in a public office, or with a public officer, or is in the custody of a public officer, does not make it a public record; the crucial aspect which makes applications and related materials subject to public scrutiny is the necessity for a board to keep these documents in the discharge of their proper duty. 1976 Op. Att'y Gen. No. 76-126.
It is not proper for a county tax commissioner to store tax records in the commissioner's home. 1975 Op. Att'y Gen. No. U75-75.
RESEARCH REFERENCES
Am. Jur. 2d.
- 66 Am. Jur. 2d, Records and Recording Laws, § 26 et seq.
C.J.S.- 76 C.J.S., Records, § 93 et seq.
ALR.- Restricting public access to judicial records of state courts, 84 A.L.R.3d 598.
Payroll records of individual government employees as subject to disclosure to public, 100 A.L.R.3d 699.
Warrantless search by government employer of employee's workplace locker, desk, or the like as violation of fourth amendment privacy rights - federal cases, 91 A.L.R. Fed 226.
