Macon Water Authority’s records roadblocks pile up

Getting records from the Macon Water Authority is more often than not a battle requiring dogged persistence and insistence that the agency comply with the Georgia Open Records Act.

Almost every request for public records The Melody has made to the authority this year involved some sort of back-and-forth with the authority’s attorney regarding the letter of the law. 

One of these requests stands out.

In an effort to investigate the authority’s billing practices, The Melody requested seven years worth of billing histories for seven companies. The Macon Water Authority estimated and charged $289 for that data, saying The Melody was responsible for the bill even though the authority began work before the newspaper agreed to pay for it. 

“It’s very concerning that the water authority sent the requester a fee estimate, the requester pushed back on the amount, and now the Water Authority is apparently claiming that the fee was ‘agreed to’ and must be paid in full,” open records attorney Joy Ramsingh wrote in an email to The Melody regarding MWA’s handling of the request.

“That’s not how estimates work— everyone needs to agree before the work is undertaken. It sounds like a ‘gotcha’ technique, and if used consistently, would probably have a chilling effect on people who might want to exercise their legal rights to file future requests.”

Ultimately, The Melody tendered a check in the interest of getting the records. But what MWA produced were records that hid the names of the companies, making it impossible to match the billing history with the industry.

What’s more, MWA insisted on charging a 10-cent per page fee for digital records even though the law says agencies may only charge the actual cost of the media on which the records are produced.

“If you want to take a copy (whether hard copy or electronic) with you the per page fee will be assessed,” MWA lawyer Jay Strickland said.

In other cases, the authority has failed to provide estimates or timelines for production of records within the three business days in accordance with the Open Records Act. One request was even for ready-to-release information that had already been prepared for another requestor.

The board also regularly votes to enter closed-door meetings without stating its reasons for doing so, an apparent violation of the Georgia Open Meetings Act. Though the reasons are reflected in the meeting notes, those aren’t made available until the next monthly meeting.

The Melody is committed to advocating for a transparent government that is accountable to the people it serves and it will continue pursuing public records in consultation with its attorney.