Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 3 — Transparency

current as of 2026-05-29currency checked manuallyOfficialVerify with City of Atlanta ↗9 sections · full chapter

§ 3-1

Purpose of chapter.

Sec. 3-1. Purpose of chapter.

This chapter is enacted to ensure compliance with the requirements of the Georgia Open Records Act and also compliance with the spirit and intent of that Act to provide access to public records to "foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions" as described in O.C.G.A. § 50-18-70(a). (Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

§ 3-2

Compliance with chapter required.

Sec. 3-2. Compliance with chapter required.

All employees shall be subject to disciplinary action, up to and including dismissal, or termination of a contract, in conformance with the provisions of the Code of Ordinances of the City of Atlanta, Georgia for failure to comply with the requirements of this chapter. In addition, if applicable, violations of the requirements of this chapter by employees, vendors, or contractors may be referred to the appropriate authorities for criminal prosecution or civil enforcement. Any employee or official who properly reports that she or he has been directed to disregard the requirements of this chapter in violation of the Georgia Open Records Act shall be protected by the Georgia Whistleblower Act (O.C.G.A. § 45-14). (Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

§ 3-3

Designation of official records custodians; open records coordinators.

Sec. 3-3. Designation of official records custodians; open records coordinators.

(a)Pursuant to the authority provided by O.C.G.A. § 50-18-71(b)(1)(B)(2), the head of each city department, office, bureau or similar entity is hereby designated as the official custodian of that entity's records for the purposes of compliance with the requirements of the Georgia Open Records Act.

(b)Each official records custodian shall have the authority to designate a person or persons within their respective department, office, bureau or similar area of purview, as an open records coordinator whose responsibility it shall be to receive and respond to requests for public records with the assistance and oversight of the transparency officer.

(c)The mayor shall have the authority to designate a person or persons as an open records coordinator whose responsibility it shall be to receive and respond to requests for public records within the custody of the Office of the Mayor with the assistance and oversight of the transparency officer.

(d)The city council shall have the authority to designate a person or persons as an open records coordinator whose responsibility it shall be to receive and respond to requests for public records within the custody of the Atlanta City Council with the assistance and oversight of the transparency officer.

(e)The transparency officer is authorized to:

(1)update the list of records custodians and open records coordinators for each city department, office, bureau or similar entity, the mayor's office and the city council, as needed to ensure the information is current; and

(2)provide each updated list to the municipal clerk for publication in the legal organs for Fulton and DeKalb counties, in compliance with the requirements of the Georgia Open Records Act, O.C.G.A. Section 50-1871(b)(2); and

(3)provide each updated list to the chief information officer for updating of the City of Atlanta and Atlanta City Council websites, in compliance with the requirements of the Georgia Open Records Act, O.C.G.A. Section 50-18-71(b)(2).

(Ord. No. 2018-41(18-O-1266), § 1, 9-25-18; Ord. No. 2020-63(20-O-1631), § 1, 11-11-20)

§ 3-4

Receipt of record requests by the city.

Sec. 3-4. Receipt of record requests by the city.

(a)Electronic requests for records should be submitted through the portal on the city open records website or via email to the appropriate city open records coordinator.

(b)Written requests for records should be sent or delivered to the appropriate city open records coordinator.

(c)It is strongly encouraged that verbal requests for records be made to the appropriate city open records coordinator. (Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

Secs. 3-5—3-15. Reserved ARTICLE II. TRANSPARENCY OFFICER

§ 3-16

Authority of the transparency officer.

Sec. 3-16. Authority of the transparency officer.

There shall be created a transparency officer who shall have the authority to:

(1)Oversee and assist in enforcement of citywide compliance with the requirements of the Georgia Open Records Act.

(2)Hire assistant transparency officers as needed to fulfill the duties and responsibilities authorized in this Chapter.

(3)Promulgate policies and procedures for compliance with the Georgia Open Records Act.

a.Such policies and procedures shall be reviewed and updated as needed to ensure compliance with state law, or at minimum on an annual basis.

b.All updates or modifications to the policies and procedures shall be communicated to the mayor and the Atlanta City Council within 30 days after implementation.

(4)Promulgate policies and procedures regarding the use of private email accounts, private cellular devices, and private messaging applications by city employees and officials to conduct official business, including policies and procedures governing the retrieval and retention of such public records.

(5)Investigate allegations of non-compliance with the Georgia Open Records Act in consultation with the city attorney when necessary in accordance with section 2-398 of the Atlanta Code of Ordinances.

(6)Alert the appropriate appointing authority, department head, or other similar individual to any potential failure to comply with the policies and procedures established pursuant to this chapter or any violation of the Georgia Open Records Act, including any interference with the response to any records request.

(7)Evaluate the city's compliance with the Georgia Open Records Act and report the results of such evaluation to the mayor and council on a quarterly basis.

(8)Establish and implement a mandatory training program regarding Georgia Open Records Act compliance for all employees, elected officials, and council staff.

a.Mandatory training for current employees, elected officials, and council staff shall occur annually.

b.Mandatory training for new employees and council staff shall occur within the first 30 days of employment.

c.A record shall be kept of the name of each individual attending training and the date on which the training occurred.

(9)Establish and implement a mandatory training program regarding the Georgia Ethics in Government Act for all elected city officials and employees currently required to file disclosures of income and financial interests in accordance with section 2-814 of the Atlanta City Code of Ordinances.

(Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

§ 3-17

Transparency officer's power of appointment and removal of personnel; accountability; term; removal.

Sec. 3-17. Transparency officer's power of appointment and removal of personnel; accountability; term; removal.

(a)The transparency officer shall have the power of appointing and removing all or any of the assistant transparency officers.

TRANSPARENCY

(b)The transparency officer shall be appointed by the mayor and confirmed by council. It is the expectation that the transparency officer shall serve for period of at least three years.

(c)Removal of the transparency officer shall only be for cause by either (i) written recommendation of the mayor and a majority vote of the members of the city council or (ii) a vote of two-thirds of the members of city council. The reasons for a "for cause" removal shall be provided in writing to the transparency officer upon termination. (Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

§ 3-18

Qualifications.

Sec. 3-18. Qualifications.

An individual under consideration for the position of transparency officer must meet at least one of the following criteria:

(1)A Juris Doctor degree, at least three years of legal experience, and demonstrated knowledge of the Georgia Open Records Act; or

(2)At least five years of experience managing public records law compliance for a government agency.

(Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

Secs. 3-19—3-30. Reserved.

ARTICLE III. TRANSPARENCY WEBSITE

§ 3-31

City of Atlanta open records website.

Sec. 3-31. City of Atlanta open records website.

The city shall create and maintain a website dedicated to open records compliance, which shall include, but not be limited to:

(1)The name and contact information for the transparency officer and any assistant transparency officers;

(2)A list of all designated city records custodians and city records coordinators;

(3)Contact information, both telephone number and email, for all designated city records custodians and city records coordinators;

(4)An online form or portal for submitting a request for open records;

(5)A link to the most current open records policies and procedures as promulgated by the transparency officer;

(6)A copy of the city's internal Georgia Open Records Act compliance training materials;

(7)A link to the city hotline email and telephone number for reporting alleged violations of the Georgia Open Records Act;

(8)A link to the city's records retention schedule;

(9)A link to the website of the Georgia Attorney General's Office.

(10)Frequently asked questions related to requesting and receiving open records; and

(11)Copies of any reports, assessments, or evaluations generated by the transparency officer.

(Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

§ 3-32

Posting of responsive records on the City of Atlanta open records website.

Sec. 3-32. Posting of responsive records on the City of Atlanta open records website.

(a)A description of all requests for records received by the City of Atlanta, the date that each request was received, a link to the city's response to each requester, a description of any charges assessed for the fulfillment of each request, and all responsive records provided in response to each request shall be available on the City of Atlanta open records website.

(b)The items described in paragraph (a) above shall be available on the City of Atlanta open records website within 30 days of the fulfillment of each request. The uploading of information to the City of Atlanta open records website shall not interfere with the timely fulfillment of a Georgia Open Records Act request.

(c)The information described in paragraph (a) above related to all requests received in any manner other than electronically, included but not limited to, verbally, via hand delivery, via facsimile, or via US Mail, shall be added to the City of Atlanta open records website by the city open records coordinator who received the request. (Ord. No. 2018-41(18-O-1266), § 1, 9-25-18)

Secs. 3-33—3-50. Reserved.

Chapters 4, 5 RESERVED Chapter 6 ADVERTISING* Article 1. In General Sec. 6-1.

Use of interior of city hall in advertising.

Sec. 6-2.

Placing advertising matter in or upon motor vehicles.

Secs. 6-3—6-25. Reserved.

Sec. 6-26. Sec. 6-27.

Sec. 6-28.

Article II. Signs and Billboards Advertising of drug-related objects on billboards. Location of advertising structures near freeway or expressway system. Hearing objections to billboard erection, revoking permit.

’Cross references—Businesses, ch. 30; consumer protection, ch. 58. State law references—Constitutional grant of home rule powers, Ga. Const, art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; outdoor advertising, O.G.G.A. § 32-6-70 et seq.

CD6.1 ADVERTISING ARTICLE I. IN GENERAL