Deal v. Coleman
294 Ga. 170
| Ga. | 2013Background
- Kia Motors opened a West Point facility; Technical College System provided Quick Start training to Kia workers.
- Four individuals requested records under Georgia Open Records Act; System refused on multiple grounds.
- 2012 Open Records Act amendment added OCGA § 50-18-72(a)(47) exempting certain Quick Start records from disclosure.
- Trial court denied motions to dismiss; held retroactive application might be unconstitutional in pending suit.
- Georgia Supreme Court held § 50-18-72(a)(47) applies and is constitutional; remanded to determine extent of exemption.
- Court distinguished public vs private rights to assess vesting and retroactive effect; case limited to pleadings stage for scope of exemption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 50-18-72(a)(47) apply on its face in this case? | Coleman-like plaintiffs argue exemption does not apply to records already requested. | System and Kia contend records relating to job applicants and proprietary practices are exempt. | Yes; statute applies to the records at issue. |
| Is retroactive application of the exemption constitutional? | Open Records Act rights vested as of request/lawsuit, so retroactive application harms vested rights. | Public-rights framework allows retroactive modification; retroactivity constitutionally permissible. | Retroactive application of § 50-18-72(a)(47) is constitutional; public rights may be modified. |
| What is the proper scope of dismissal on remand? | All requested records should be subject to the exemption. | Only records within the exempted categories should be dismissed; others may not be exempt. | Remand to determine extent to which specific parts of the requests are exempt; dismiss only to the extent records are shown to be exempt. |
Key Cases Cited
- Arby’s Restaurant Group, Inc. v. McRae, 292 Ga. 243 (2012) (statutory interpretation; plain meaning governs)
- Bullard v. Holman, 184 Ga. 788 (1937) (retroactive laws and vested rights)
- Jackson County Bd. of Health v. Fugett Constr., Inc., 270 Ga. 667 (1999) (retroactivity and public rights in retroactive amendments)
- Coastal Ga. Regional Dev. Center v. Higdon, 263 Ga. 827 (1994) (vested rights and retroactivity considerations)
- McFrugal Rental of Riverdale v. Garr, 262 Ga. 369 (1992) (public right of access to records)