Local newspapers exist to inform, entertain and sometimes to facilitate “water cooler” conversations among members of the public, but the most important role for a newspaper is that of government watchdog.
Sometimes, in fulfilling that role, the press has the obligation to step beyond its role as a detatched observer and become an actor. In the case of the Georgia Open Records law, the Augusta Press owners and managers believe it is their responsibility to seek documents that will reveal information the public needs about its local governments and its boards. That is what is occurring with The Augusta Press v. Tara Conway.
Conway is the former chair of the Historic Preservation Commission, who resigned over claims of impropriety in the controversy surrounding the historic First Baptist Church building in downtown Augusta. That building is co-owned by TAP’s Publisher, Joe Edge.
We want to make it clear that this newspaper is not inserting itself into the controversy surrounding the building. The lawsuit came about over Conway’s refusal to follow the Georgia Open Records Law and turn over documents requested that are subject to the law. The documents are texts and emails, and yes, even those written on private accounts are subject to the law if they deal with city business. Many serving in Augusta’s government don’t seem to know that.
A person does not have to be an elected official or government employee to be the custodian of records covered by the statute. A non-paid volunteer board member, as was Conway’s role in the HPC, can be the custodian of records as well if that person serves on a government agency, or quasi-governmental agency, as is the HPC.
Conway received several requests for certain messages that came with explanations of the law and why she was subject to it. She should have been aware of these facts in any case. Instead, she decided to dig in her heels, which is the reason for the looming legal action.
Even though Conway is not an elected leader, she must be held to the same accountability standards as the mayor of Augusta when it comes to governmental records in her custody. Were we to give Conway a pass because of her volunteer status, we would be shirking our duty under the state Open Records law; if we failed to do our part in holding Conway accountable, it could embolden others to do the same.
Most people who are appointed to the various boards and commissions are given those seats as a sort of legal patronage for supporting a politician, and they may be ignorant of the law or think they are somehow shielded because of their volunteer status.
We highly recommend that individuals who are up for such an appointment take a moment to read the law lest they find themselves in violation and subject to accountability through the judicial system, which can be a costly affair even if they are only found liable for attorney’s fees.
