Tue 2 Dec 2025 19 09 33 0000 Your Open Records Act Requests To The City Of Brookhaven 19Ae078E¶

Ms. Zeeman, good afternoon.  I serve as City Attorney for the City of Brookhaven and write in response to your email below.  I have attached a copy of your two most recent requests – PRR 499 and PRR 647.

I have copied your litigation counsel on this email out of an abundance of caution so he is aware of this matter. I am happy to communicate directly through him if that is your request given that you are represented by counsel and it is unclear whether this matter relates to your current litigation.

First, to the extent possible, the City believes it has produced what it is able to discern from your requests.  The City has previously responded to requests PRR-303-2025, PRR-321-2025, and PRR-499-2025.

Second, regarding your request for records for work performed on the storm drain near Osborn Road and Grove Street, the City interpreted your request to refer to work performed on or after July 2025.  There was no work done on the storm drain there in July 2025 or since then.  Please let us know if your request sought records before July 2025.

Third, request PRR 499 asks the City “to clarify which storm drain Sean McCarthy is referring to.”  The Open Records Act is a means to producing public records, not engaging in dialogue.  If you have specific questions, please feel free to reach out to Sean directly.

Finally, I am happy to convene a call with the correct city officials to discuss and refine your request (perhaps even with specific search terms) so that the City can provide you with the public records you seek.

Thank you,
Jeremy


Jeremy Berry | Partner
CHILIVIS GRUBMAN
1834 Independence Square | Atlanta, Georgia  30338
Main: 404.233.4171 | Direct: 404.262.6507 | Cell: 404.798.6961| E: jberry@cglawfirm.com



From: Sarah Zeeman <szeeman@gmail.com<mailto:szeeman@gmail.com>>
Sent: Monday, December 1, 2025 5:23 PM
To: 8d99691d-f82b-430b-8bbb-9dc48d1c7365.BrookhavenGA@request.justfoia.com<mailto:8d99691d-f82b-430b-8bbb-9dc48d1c7365.BrookhavenGA@request.justfoia.com>; BrookhavenGA@request.justfoia.com<mailto:BrookhavenGA@request.justfoia.com>; Sandra Bryant <sandra.bryant@brookhavenga.gov<mailto:sandra.bryant@brookhavenga.gov>>
Subject: Re: Request Completed

December 1, 2025
Re: Deficient Production Under PRR-499-2025 / PRR-647-2025 – Formal Notice of Non-Compliance With the Georgia Open Records Act

Dear City Clerk, Public Works, and City Attorney:
This letter follows my Open Records Request originally submitted under PRR-499-2025 and later referenced in your November 21, 2025, “completion” notice as PRR-647-2025. After a detailed review of the documents provided, the production is incomplete and does not comply with the Georgia Open Records Act (“ORA”), O.C.G.A. § 50-18-70 et seq.
The Georgia Attorney General’s ORA Compliance Manual makes clear:

•       Agencies must contact and gather records from all custodians reasonably likely to possess responsive documents.

•       Deleted emails, metadata, and prior versions are subject to ORA if they existed at the time of the request.

•       When withholding any record, agencies must specify a legal exemption, provide an exemption log, and include a description. O.C.G.A. § 50-18-72(h).
No such explanations or exemption logs were provided.

Categories Missing, Incomplete, or Not Searched
Internal Public Works Records

•       Internal PW staff emails

•       Drafts, internal memos, and working papers

•       Internal Teams/Slack messages (if used)

•       Communications regarding the Osborne Rd./Grove St. storm drain investigation
2. Contractor/Consultant Communications

•       Emails with third-party contractors

•       Technical assessments, reports, or correspondence

•       Inspection findings and engineering notes
3. Deleted, Archived, or Metadata-Bearing Records

•       No deleted-record logs were provided

•       No metadata was produced

•       No indication that archived mailboxes were searched
4. Field Documentation

•       Inspector notebooks

•       Field notes or handwritten assessments

•       Photo logs

•       Daily reports

•       Field inspection sheets
5. Photos, Diagrams, Engineering Materials

•       Only partial images were produced.
6. Follow-Up Actions, Determinations, and Corrective Measures

•       No work orders

•       No repair recommendations

•       No engineering determinations

•       No SOP-required documentation of findings
II. Statutory Requirements Not Met Under O.C.G.A. §§ 50-18-71 and 50-18-72, the City must:
1. Conduct a full, meaningful, and good-faith search.
2. Provide written justification for each withheld document, including:

•       Specific statutory exemption

•       Description of each withheld record

•       Explanation of the exemption

•       Citation to O.C.G.A. § 50-18-72(h)
III. Demand for Compliance
Please provide the following within three (3) business days:
1. A Full Supplemen