GEORGIA DEPARTMENT OF LAW

40 Capitol Square SW
Atlanta, Georgia 30334-1300
CHRISTOPHER M. CARR www.law.ga.gov
ATTORNEY GENERAL (404) 458-3600

Writer’s Direct Dial:

404-458-3252
jcolangelo@law.ga.gov
March 3, 2023

Via Email Correspondence: dburkoff@huntermaclean.com

David M. Burkoff, Esquire

HunterMaclean
P.O. Box 9848
200 E Saint Julian Street
Savannah, Georgia 31412

RE: Kevin Lang’s Open Records Act request to Camden County

Dear Mr. Burkoff:

I am writing to you in your capacity as an attorney for Camden County. Mr. Kevin Lang sent
our office a copy of the Open Records request that he sent to the County on February 9, 2023, as
well as a copy of the response you sent him on February 13, 2023. We have some concerns
about the county’s response to Mr. Lang’s request.

Under Georgia law, the Attorney General, as an independent constitutional officer, has the
discretionary authority to enforce the Open Records Act and the Open Meetings Act.
O.C.G.A. §§ 50-14-5(a) and 50-18-73(a). The Attorney General has chosen to exercise that
discretion by establishing a mediation program where citizens may raise issues and concerns
with us regarding the Acts, and we will attempt to resolve disputes between citizens and local
government. This office also reserves the right to pursue litigation in these matters where it
deems doing so is appropriate.

From your letter to Mr. Lang, it appears that the county is not planning to produce any records in
response to his request and is citing several exceptions in O.C.G.A. § 50-18-72 as the basis for
withholding the requested records: (a)(1), (a)(9), (a)(20)(A), (a)(41), and (a)(42). Although the
Open Records Act states “[t]he exceptions set forth in this article, together with any other
exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those
David M. Burkoff, Esq.
March 3, 2023
Page 2

portions of records addressed by such exception,”1 it appears from your letter that the county
intends to withhold all of the requested records in their entirety, rather than redacting only the
portions of the records that are covered by the exceptions you cited.

In addition, I am unclear on why O.C.G.A. § 50-18-72(a)(9) is cited as a basis for withholding

records, given the recent ruling by the Georgia Supreme Court in Camden County v. Sweatt, et
al., 2023 GA LEXIS (Feb. 7, 2023). In light of the Sweatt decision, it appears that one could
reasonably conclude that the proposed acquisition of real property has been “terminated” within
the meaning of (a)(9).

Your letter to Mr. Lang also mentions One Hundred Miles v. Camden County Georgia, et al.—
which is currently being litigated in Camden County Superior Court—and suggests that the
county cannot provide the requested records to Mr. Lang while that case is still pending. I am
not aware of any legal reason that the existence of that lawsuit would prevent the county from
providing records to Mr. Lang.

I would appreciate a response to our office within 10 business days that explains the county’s
positions on the issues I raised above. Thank you for your assistance.

Sincerely,

/s/ Jennifer Colangelo

Jennifer Colangelo
Senior Assistant Attorney General

cc: Mr. Kevin Lang (via email correspondence)

1
O.C.G.A. § 50-18-70(a).