SOUTH FULTON, Ga. — A proposed South Fulton ordinance could subject residents and city employees to jail time and fines if they are found to have improperly released confidential city information.
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The proposal, drafted by Councilman Jaceey Sebastian, would apply to the premature release of information the city considers confidential. That could include memos, documents, information about potential developments, proposed ordinances and other city business that has not been approved for public release.
Sebastian said the measure is intended to protect the city’s business and prevent confidential information from being released prematurely.
“This is all about the premature release of information,” Sebastian said.
During a City Council meeting, the city attorney said the ordinance was drafted around existing state and federal laws, including provisions under Georgia’s Open Meetings Act. The attorney also said the proposal does not violate the First Amendment, Georgia’s Open Records Act or the state’s whistleblower laws.
The proposal has drawn concerns from residents and some members of the City Council who question how the city would determine what information is confidential and whether the ordinance could discourage people from speaking out.
“I have concerns about it because I believe that is a violation of constitutional rights,” South Fulton resident Reshard Snellings said.
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Councilwoman Linda Pritchett also questioned the potential consequences during a council discussion.
“Are we really going to put accusations and litigation and criminal offenses on individuals for running their mouth?” Pritchett asked.
Under the proposal, an accusation of improperly releasing confidential information could be reported to South Fulton police for investigation before being referred to the city solicitor’s office. A judge could then consider penalties, including up to 30 days in jail, a $1,000 fine or work camp.
Pritchett questioned how the city would enforce the ordinance when allegations could come down to one person’s word against another’s. She also raised concerns about how officials would decide what information qualifies as confidential, noting that information deemed confidential at one point could later become public as the council moves forward with city business.
Snellings, who is in a legal dispute with the city over its public records policies, said he believes the ordinance could intimidate residents and whistleblowers.
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“It is an attempt to silence residents,” Snellings said. “They can’t control the Open Records Act, so they’re doing what they can to control residents.”
Sebastian said there have been previous instances in which residents and city employees released confidential information prematurely. He said he welcomes the council’s debate over his proposal.
“That’s how government works,” Sebastian said. “Four votes to get it done. If you don’t get it done, well, we move on to the next item.”
The South Fulton City Council is expected to take a final vote on the ordinance Tuesday.
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