Politics
South Fulton council weighs criminal penalties for sharing unreleased city information
A proposed ordinance would allow penalties of up to 30 days in jail, a $1,000 fine or work camp for improperly releasing information the city deems confidential. Residents and council members have questioned how that information would be defined and whether the measure could chill speech and whistleblowing.
South Fulton residents and city employees could face criminal penalties for releasing city information before it is approved for public disclosure under an ordinance proposed by Councilman Jaceey Sebastian. The City Council is expected to take a final vote Tuesday.
The proposal covers a broad range of material, including internal memos, documents, information about potential developments and proposed ordinances, as well as other city business not cleared for release. Sebastian said the goal is to prevent confidential information from becoming public prematurely and protect city operations.
Under the proposed process, a complaint could be referred to South Fulton police for investigation and then sent to the city solicitor’s office. A judge could impose up to 30 days in jail, a $1,000 fine or work camp.
The measure has prompted questions about who would decide what qualifies as confidential and how the city would handle information that later becomes public as council business advances. Councilwoman Linda Pritchett questioned whether criminal cases could hinge on conflicting accounts, and asked whether people could face prosecution simply for talking about city matters.
South Fulton resident Reshard Snellings said he fears the ordinance could discourage residents and whistleblowers from speaking out. Snellings is in a legal dispute with the city over its public-records policies. He characterized the proposal as an effort to silence residents.
During a council discussion, the city attorney said the draft was based on existing state and federal laws, including Georgia’s Open Meetings Act, and said it did not violate the First Amendment, Georgia’s Open Records Act or state whistleblower protections.
Sebastian said there had been earlier instances of residents and city employees releasing information prematurely. He welcomed council debate, saying the proposal would need four votes to pass.