*1 577 Examining light procedural 6. the entire charge events and — case overpowering the evidence which is as to Carter’s guilt give requested charge the failure to in the exact form re- error, quested probable was not highly harmful as it is error State, did contribute to the verdict in. the case. Johnson v. (230 869) (1976). Ga. 59 SE2d
Judgment All the Justices concur. affirmed. 29, 1990.
Decided November Knox, Knox, Swan, Jr., Knox & Bryant Robert E. W. appel- for lant. Sanders, Attorney, Bowers,
Dennis C. District Michael J. Attor- General, ney Grant, Leonora appellee.
S90A0821, (two S90X0822. DOOLEY et al. v. al. DAVIDSON et
cases). (397 922) SE2d Justice. Weltner,
1. newspapers request Two made a for documents to the Georgia, pursuant Open Act, (a), to the OCGA 50-18-70 as follows: request, individually
This letter is a formal made and on be- Constitution, half of The Atlanta Journal and The Atlanta inspect copy all records and documents associated coaches, particu- the income of all larly Hugh that of head basketball coach Durham. NCAA require job-related reported rules outside income be university president. The material should include but not be limited to: Informa- contracts, tion regarding camps, income from shoe endorse- ments, speaking engagements. TV-radio shows and Two coaches and the athletic director of the filed a complaint declaratory judgment to determine whether certain records, possession income, to their were to the Records Act. The coaches submitted 13 to the trial court inspection. eight camera The trial court found of the 13 documents were Records Act. Both appealed. sides Publishing Telegraph Regents, Co. In v. Bd. Macon (350 23) (1986), records the Ath- we held that certain SE2d Ga. *2 Open University Georgia of
letic Association Records
Act: [the Chairman of the of the Athletic Because tion], Board Associa- position virtue of his President of the as controlling Georgia, charged intercollegiate of sports the University, program at and because the the mainte- assets, liabilities, income, nance and gral of documents the sports expenses intercollegiate program is an of inte- the regardless thereof, that, of we conclude whether the prepared employees of documents are Association treasurer], [its it is clear that papers, prepared “documents, maintained in and records and office,” the of and are there- the course of “public [Id. Act. fore 445.] under Records at records” question “public The issue before us is whether the records in (a), provides § records” under OCGA 50-18-70 which follows: article, As in used the term record” shall papers, maps, tapes, pho- documents, letters, books, mean tographs, prepared and or similar material maintained or ceived in the course
agency.
(b) must be It follows each of the 13 documents before us “prepared reviewed tained sity determine it material and main- whether operation” in either of the univer- received the course “prepared or of that is main- the association. document operation” [such] tained or course received inspection copying. record,” must be A document offered that is the course so and maintained received operation” [such] record,” is not a and is not requirements Act. statutory terms,
agency,” light shows must be considered of what record concerning and the association. record discloses that: University System The Board of of all the submission of written
requires “activi- (as defined), “approval ties” the President.”1 (b) Additionally, contracts between the association contingent compliance requirements coaches are with all (NCAA).2 Collegiate National Athletic Association (c) The requires constitution the NCAA each coach to annually athletically “all related in income from sources outside the . through . . director stitution of athletics the institution’s chief executive officer.”3
(d) requires constitution NCAA also that no coach accept any compensation shall from the manufacturer of exchange ap- for the use of prior its without proval “the chief institutions’s executive officer.”4 Regents Policy provides: 802.1601D of the Board activities, except activities, single-occasion For all shall in writ- ing through proposed arrangements approval official channels and secure the prior designee engaging or his in the activities. Such in- activities consulting, teaching, speaking, participating clude business service enter- *3 prises. provides part: 802.1602 in § System adopt guidelines governing consulting Each unit of the tivities of shall ac- faculty following: members which shall include the plan reimbursing personnel, AA. the institution for use of the institution’s facili- ties, equipment charged groups materials consistent with or rates outside persons. procedure obtaining prior approval president designee. B. or his procedure defining prohibiting AC. conflicts of interest. provide part: Such contracts in party part agrees of the second and understands that he [the coach] suspended by time, party period of the first for a association] with- [the pay, employment may or out his if is found to in terminated he be involved regulations, Department policies, violations of NCAA or SEC or policies University’s programs. related to the conduct of the athletic 3 3-2-(g) requires of the NCAA athletic coaches to Constitution as follows: annually athletically The coach shall all income from sources outside related to, annuities, income, sports camps, (including, the institution but not limited hous- ing benefits, sales, programs complimentary-ticket and endorse- television and shoes, equipment apparel ment or with or consultation contracts athletic manufac- turers) through the director of athletics to the chief executive officer. institution’s 3-6-(i), See § as follows: accept, prior department Staff members of institution’s athletics shall member officer, receiving approval compensation from the institution’s chief executive shoe, gratuities whatsoever, directly indirectly, kind either from an athletic apparel during practice equipment exchange use of such manufacturer for the merchandise competition by the institution’s student-athletes. (e) policy requiring in 1985 university a written instituted equipment.5 relative athletic personal contracts review of Re- promulgation regulations, the Board of By the of these university operation” regulated the “course has gents acceptance by limit the such manner of the association other than their compensation from sources employees emoluments, require employees report its income received required that its university has athletic specified sources. The from to the donation athletic certain contracts relative director review requirement employees its the contractual of the NCAA. comply with the rules
(b) It follows that: (i) pertain employees Records the hands that re- ceipt apparel are records of athletic association, operation of the and of the late to the in the course of the and are records “received agency.” office or (ii) in connection with Records of outside income received association records “received agency.”
(iii) pre- that have been hands require- pared complying reporting for the specified income are records ments ... policy prescribes: provide immediately, Effective contracts which donation *4 etc.) (shoes, rackets, bats, annually by equipment given sport to a are to be reviewed the Athletic Director. by “whitening compensation may out” endorsement clause remain copy will indicated below statement on the submitted contract. measures given be careful consideration: currency 1. The of the contract. the items 2. The number and kind of each item will be ascertained include equipment inventory. by Manager Equipment each be as to who receives 3. will maintained coaches.) primarily piece equipment. (Equipment team members and for system equipment checking-out replacing will adhered to. 4. 5. Conversely, records in the hands of that reflect receipt not
the the income from outside sources are records” if payment upon activity to an an based of the em- ployee pub- that is not conducted of a agency.”6 or lic office understanding
With this of the Records Act and the re- quirements Board it becomes necessary to one examine each of the documents issue to determine whether it is a within six record.” that We find documents fall categories. reports by prepared 2, 1, Documents in and 3 are the preparation reports
coaches annual of outside income to university. the chief executive of the While themselves president, were submitted to the each was main- duty performing imposed upon tained” for the “in the coaches Hence of a office or they “public records,” are and must disclosed. (b) 5, 6, 7, 10, Documents and 13 are contracts between individ- sports suppliers apparel. ual coaches and The con- provide apparel tracts university will such be furnished to provide
athletes, and, contracts, in some that the coach quire encourage university or of athletes to use or wear these articles. required Some these contracts contracts that are be reviewed pursuant university. regulations the athletic director directly performance Each contract of official affects duties directly coach, and otherwise relates to the activities and of course association. Because are documents “received agency,” they of a records,” and must be disclosed.
(c) compensation Documents 8 9 are letters participating programs coaches broadcast before and after athletic events. The that the evidence indicates broadcasts part university’s rights sold radio stations as exclusive games, broadcast to listeners as broadcaster and are identified football basketball being part Bulldog “Georgia Network.” university; subjects of the broadcasts are examples employee: Plain income would be is received an as dividends stock; paid deposit; shares as interest on a bond or or from the real certificate of sale (not personal property; compensation prohibited) services otherwise of, involve, agency. are not a and do not *5 582 the is university; of the of broadcast
athletic events university. docu- programs of the Because these the athletic to foster they university, docu- of the are to an official function ments relate the ... in the course of “prepared and ments Hence, “public agency.” public office or operation of a records,” must be disclosed. and
(d) information relative to 11 concerns financial Document indicates that the television television broadcasts. evidence and university videotaped at facilities and are produced shows paid by promotional uni- the association. These activities the “Athletic versity copyrighted the name Association/Uni- relates to an func- versity Georgia.” Because this document official in the it is and maintained ... tion of the Hence, agency.” it is a of a office course record,” be “public and must disclosed.
(e) styled Appearance Agreement.” 4 It Document is “Consultant appearances on obligates only speaking the coach to make behalf alone, speak third Standing a contract on behalf of a manufacturer. — performance party not conflict with the unconnected private activity, “public is not duty relates to a an official a Hence, record,” “public it is not a and need not disclosed. record.” (f) producer 12 coach Document is a contract between a network, provide commentary agrees of a radio in which coach during games. certain To the extent broadcast of basketball authorizes, requires, commentary relating game the contract a participant, System which a unit of the is a activity coach’s would be conducted a rec- agency,”
a and the contract would be activity events ord.” To the extent that the relates to athletic coach’s University System Georgia, than involving other those units of the to such limited private is it would be conduct. contract operation of a a conduct not record “received course agency,” record.” There hence not involving no events evidence that Document relates Hence, record,” not Georgia. is not a and need it be disclosed.7 issue, Having current of each we note that concluded review university require reporting Regents directives of or of of the content the Board document, university. fact each either to the or to the athletic director of the filing certain has that neither the nor insisted board has term, statutory inquiry solely upon application “in the led us to conduct our based enforce, by We do undertake course office
judicial decree, any promulgated that has or the directive the Board of gone public agency unenforced itself. produced
The 13 documents before us are those the coaches in response discovery In applying requirements motions. Act, employed differing we have standard from that reason, of the trial court. For this the case will be remanded to the direction, trial court for such discovery for further additional appropriate compliance order full to assure with the Records Act. *6 Judgment in Case No. S90A0821 and case remanded. affirmed
Judgment part, S90X0822, No. reversed in Case affirmed concur, Clarke, All except case remanded. C. Justices J'. and Smith, J., P. dissent. who Justice, dissenting. Chief
Clarke, clearly I public believe the law should inform a as to which of which public his documents and records his own and majority opinion records Act. I fear the fails to afford clear guidance.
I Any required would establish this rule: record law or or- superior public agency der of a to be on file a becomes reports prepared record under the act. Those kept fall use do not under the act. Justice, Smith, Presiding dissenting. court,
I doing would trial in so remand case to the but would document, contract, direct as paper, court follows: Unless port, letter, memorandum, paper, or like or instrument was received University filed or the Association of University Georgia, opera- not be “in it would the course and, therefore, tion of public agency” to disclos- ure. per- To hold otherwise allow a invasion of would be to blatant privacy. sonal coaches,
To set out in label as records the prepare majority opinion, Division 6 used report all. Must annual is ridiculous. The annual tells sheets, computer produce adding tapes, coach work machine infor- his mation, etc., basis on the Depart- agency?” If and Athletic office filed,
ment it is no one are satisfied with the else’s annual business. appellees
Are the and or Athletic intimating that memos, private If up job? Association would cover and not do their today etc. Leave the are deemed records what tomorrow? possession or filed with the privacy. Papers coaches their not in the papers. Athletic Association are University 29, 1990. Decided November Cochran, Chilivis, Anthony L. Grindler, P. & Nicholas Chilivis appellants. General, George Shingler, P. Senior Bowers, Attorney J. Michael III, Hughes General, Hardin, Rogers & Hunter R. Attorney Assistant Albertson, Adamson, Canfield, C. B. Peter Dow, Terrence Lohnes & Demetry, appellees. A. James SERVICES, INC. v. METRO AIRLINE
S90G0513. PHOENIX AIRLINES, INC. et al. AIRLINES, et INC. al. v. METRO BRADY et al. S90G0514. AIRLINE AIRLINES, PHOENIX et al v. METRO INC. S90G0516. SERVICES, INC. et al. 699) (397 SE2d Smith, Presiding Justice. in Phoe- Appeals to the Court of granted
We a writ certiorari (390 Airlines, SE2d App. 194 Ga. Services v. Metro nix Airline 219) (1989) following: to decide the
(1) by creating Appeals misconstrue law Did the Court of new, against in a stockholder right non-derivative action officer, key employee corporation? an director or (2) appropriate damages Whether a new trial limited compensatory damage was introduced when no evidence of sum, damage verdict on support lump compensatory damages by multiple parties? multiple claims for different (3) proof charge burden jury Whether usurpation with the corporate conflicts establish a claim usurpation corporate claim? elements of a (4) damages? supported claim Whether the evidence case cited above. be found complete facts the case necessary to opinion all understanding For Ex- (employees) Metro key employees know is that officers and immediately imple- Inc., Express press, (Express), abruptly left Inc., (Airlink); voting I, all of Airlines mented the Inc., (Phoe- Services, by Phoenix Airlines Airlink are owned shares of em- by one of the nix), are owned Phoenix shares and almost (Airlines) Ex- Airlines, Inc., is the sole shareholder ployees. Metro employees, against filed action Express an press. Airlines