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Grorcia DEPARTMENT oF Law +40 Capitol Square SW Allanta, Georgia 30334-1300, wow law ga.gov (404) 656-3300 (CHRISTOPHER M. CARR ‘ATTORNEY GENERA Writer's Direct Dia: 400-656-4168 Fax 404-657-9932 August 17, 2018 Via email: vernstes(@dekalbcountyea.gov Viviane Emstes, Esq. DeKalb County Attorney ‘Manuel J. Maloof Center, Fifth Floor 1300 Commercial Drive Decatur, Georgia 30030 Re: Open Records Act complaint from Viola Davis Dear Ms. Emstes: Tam writing to you in your capacity as the County Attomey for DeKalb County. Ihave enclosed correspondence from Ms. Viola Davis concerning an Open Records request that she submitted to the county on July 5, 2018. She provided me with a copy of her request, a copy of the cost estimate that she received from the county, and copies of subsequent correspondence with the county about her request. Under Georgia law the Attomey 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), 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. It scems that the cost estimate and timeline sent to Ms. Davis on July 5 did not estimate the cost of fully responding to Ms. Davis’s request, and did not provide a timeline for when the records ‘would actually be available for her inspection. She was given a “retrieval cost” estimate of $135, which appears to include only the cost of locating and retrieving the requested records. The letter states that the cost estimate for reviewing and redacting the records would be provided later. However, it seems that Ms. Davis was asked to agree to pay the estimated costs, even ‘though the total estimated cost had not been provided to her within three days of her request as required by O.C.G.A. 50-18-71(4). Viviane Emnstes, Esq. August 17, 2018 Page 2 am not aware of all the circumstances surrounding Ms. Davis’s request, and I am not assuming ‘the county violated the law. I would appreciate a response to this complaint within 10 business days of the date of this letter. Sincerely, Dennifer Colanselo Jennifer Colangelo ‘Assistant Attomey General ce: Ms. Viola Davis Enclosures