I luntcrMaclean David M.

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(JI HunterMaclean Attorneys at I .aw Phone: 912.944.4680

2(10 East Saini Julian St reel Pax: 912.236.4936

ATTORNEYS
Post ( )l't’icc Box 9X48 www.hiintcnnaclc.in.com

Savannah. Georgia 31412-0048 l)Bin kolT@l lunicrMaclcan.com

February 1 3, 2023

V. Kevin Lang
Fortson. Bentley & Griffin. P.A.
2500 Daniell's Bridge Road. Bldg. 200. Suite 3A
Athens, GA 30606

RE: Open Records Act Request to Camden County

Dear Mr. Lang:

I write in response to your enclosed February 9. 2023 letter to Katie Bishop, in which you
request certain records under the Georgia Open Records Act. As I wrote in my January 24. 2022
response to your similar request sent to John Simpson early last year, records constituting or
relating to communications between Camden County and its Spaceport Camden consultants
remain the subject of ongoing litigation in the Camden County Superior Court. See One Hundred
Miles v. Camden County. Georgia, el al., No. SUCV201 90001 53 (the “lawsuit"). As you note in
your letter, it is the position of the County and its consultants that these records, which arc
voluminous, arc exempt from disclosure, al a minimum, under O.C.G.A. § 50-1 <8-72(a)(9). and
that certain of the records are also exempt from disclosure under O.C.G.A. §§ 50-72(a)( 1 ). -25(A).
and potentially other exemptions. Some of the records, including communications between the
County, its lawyers, and its consultants, arc also privileged and exempt from disclosure under
O.C.G.A. § 50-1 8-72(a)(41) and/or (42). fhe applicability of these exemptions is the subject of
defendants' pending motion to dismiss the claims asserted by the plaintiff in the lawsuit, and we
again refer you to the briefing on that motion, which is publicly available.

fhe County has notified the Superior Court of the recent Georgia Supreme Court opinion
referenced in your letter, and we await further direction from the Court. If you have other questions
about the current posture of the lawsuit, or about this response, please contact me directly.

Sincere!

Da v^id MJjLurko IT
Enclosure

Cc: Katie Bishop

John S. Myers, Esq.

4X69-49X6-9 1 36
 Fortson, Bentley and Griffin, P.A.
ELBERT N. WHITMIRE, III, C.P.A. ATTORNEYS AT LAW CHRISTOPHER W. COLLINS

&. MARCUS HODGE (GA & SC) 2500 DANIELL'S BRIDGE ROAD EMILY K. ESCOE
BUILDING 200, SUITE 3A
DAVID K. LINDER LINDSEY B. WOODARD
ATHENS, GEORGIA 30606
ROY E. MANOLL, III ABBEY J. DUHE

WALTER W. HAYS, JR, (706) 548-1 151 JOHNELLE SIMPSON, II

MICHAEL J. MCCLEARY

V. KEVIN LANG UPSHAW C. BENTLEY. JR.

(1924 - 2013)
TREVOR T, JONES (GA & AL)
EDWIN B. FORTSON

BRICKER S. DAUGHTRY (1913-2007)

JOHN E. GRIFFIN
DAVID F, ELLISON
(1 923-2002)

WADE A. SCHUENEMAN HERBERT T. HUTTO

(1933-1998)
GREGORY O. DEBACKER

PARKER C. MORGAN

ELINORE R. YOUNG
February 9, 2023

VIA EMAIL AND U.S. MAIL

Ms. Katie Bishop (kberry@co.camden, gams)

Open Records Officer
Camden County Board of Commissioners
P.O. Box 99
200 East Fourth Street
Woodbine, Georgia 31569

RE: Georgia Open Records Act Request

Dear Ms. Bishop:

Please accept this letter as a request for the following public records under the Georgia
Open Records Act:

(1) All emails from Steve Howard to Andrew Nelson during the period beginning
January 1, 2016 and ending January 31, 2023;

(2) All emails from Andrew Nelson to Steve Howard during the period beginning
January 1, 2016 and ending January 31, 2023;

(3) All emails from Steve Howard to John Simpson during the period beginning
January 1, 2016 and ending January 31, 2023 (please note that Mr. Simpson worked for Hope
Beckham in Atlanta until 2018, so please include Mr. Simpson’s Hope Beckham email in your
searches);

(4) All emails from John Simpson to Steve Howard during the period beginning
January 1, 2016 and ending January 31, 2023;

(5) All text messages from Steve Howard to Andrew Nelson during the period
beginning January 1, 2016 and ending January 31, 2023, which should include text messages sent
from all mobile telephones used by Mr. Howard during his tenure as County Manager;

01336374,1/011670-000004
Fortson, Bentley and Griffin
A PROFESSIONAL ASSOCIATION

(6) All text messages from Andrew Nelson to Steve Howard during the period
beginning January 1, 2016 and ending January 31, 2023, which should include text messages sent
to all mobile telephones used by Mr. Howard during his tenure as County Manager;

(7) All text messages from Steve Howard to John Simpson during the period beginning
January 1, 2016 and ending January 31, 2023, which should include text messages sent from all
mobile telephones used by Mr. Howard during his tenure as County Manager;

(8) All text messages from John Simpson to Steve Howard during the period
beginning January 1, 2016 and ending January 31, 2023, which should include text messages sent
to all mobile telephones used by Mr. Howard during his tenure as County Manager.

Please be advised that there is established caselaw in Georgia that text messages are public
records that are subject to disclosure under the Georgia Open Records Act. The text messages can
be obtained from Camden County’s and Mr. Howard’s wireless carrier.

Please let me know the reasonable costs associated with obtaining the requested records,
as I will pay the same in accordance with the requirements of the Georgia Open Records Act.

Finally, I am aware that Camden County Board of Commissioners has stonewalled

numerous Georgia Open Records Act requests asserting the exception for real estate transactions.
Even when there actually was an option contract in place between Camden County and Union
Carbide Corporation, Camden County has repeatedly abused the real estate exception to withhold
documents that are well outside the scope of the exception. The real estate exception is meant to
allow the County to withhold information that, if disclosed, would put the County at a competitive
disadvantage to a commercial buyer in connection with a transaction. Camden County has asserted
the exception to include virtually every record related to the spaceport project. Moreover, there is
clearly no longer a real estate transaction between Camden County and Union Carbide
Corporation. The Georgia Supreme Court has upheld the validity of a referendum that repeals
Camden County’s legal authority to purchase the Union Carbide property. In addition, Union
Carbide Corporation has publicly announced that it has no intention of selling its property to
Camden County. If this Georgia Open Records Act request is met with an assertion of the real
estate transaction exception, the County should be prepared to defend a lawsuit challenging that
assertion. If forced to file such a lawsuit, I will seek recovery all costs and attorneys’ fees incurred
in having to litigate with the County over the issue.

With best regards, I am

Res &

V. Kevin Lang

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