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Panel's closed session questioned
Press association attorney: LCDA violated open-meetings law
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The Liberty County Development Authority went into an unwarranted executive session Jan. 6, during a meeting and workshop, according to Georgia Press Association attorney David Hudson.
The Coastal Courier initially contacted Hudson over concerns about whether the subject matter that prompted the development authority to enter into closed session qualifies as being exempt from public disclosure under Georgia’s open-meetings/open-records act, also known as the Sunshine Law.
Hudson asserts the LCDA should not have closed the meeting to the public. The GPA legal advisor said the study cited as reason for the executive session does not qualify as being exempt from public view.
The development authority maintains its board members legally entered into a closed session to discuss an incentives study commissioned by Industrial Developments International. LCDA officials consider the study exempt from public disclosure, because they claim the document contains proprietary information.
“Prior to the meeting, (development authority attorney Kelly Davis) advised us verbally that going into executive session was the best way to handle board discussions of the incentives study commissioned by IDI (Industrial Developments International) and shared with us,” said Danielle Hipps, LCDA director of marketing and communications, in a Jan. 7 email. “The company regarded the study results as proprietary and has legal documentation declaring such, which therefore renders them exempt from public inspection.”
Hudson and Davis offered different interpretations of the Georgia open-meetings/open-records act, citing different sections of the code in several emails.
“The 2012 revisions to the Georgia Open Meetings Act expressly permit executive sessions when necessary to discuss a record — or portions thereof — exempt from public inspection under the Georgia Open Records Act (e.g. records containing trade secrets, proprietary information, etc.),” Davis said in a Jan. 7 email, citing O.C.G.A. § 50-14-3(b)(4). “While most public agencies regarded this exception as implied under prior law, the new revisions make this exception explicit.”
“It is correct that an agency may vote to meet in a closed session to discuss a document that would be exempt from public inspection,” Hudson said in a Jan. 7 email. “However, there is no exception that makes a study commissioned for the development authority by an outside consultant closed to the public. Even if the outside consultant declared the document proprietary, that would not defeat the right of the public to inspect documents that have been provided to a public agency concerning the business of the agency.”
Hudson said proprietary documents — or trade secrets — can only be kept from the public when these trade secrets are required by law to be submitted to the agency, along with an affidavit.  
“A study bought and paid for by the development authority and submitted to the authority would not qualify as an exempt document, and thus a closed meeting to discuss a non-exempt document would not be in compliance with the law,” he concluded.  
In a succeeding email dated Jan. 22, Davis referred to another section of the open records act, O.C.G.A. 50-18-72(a)(35), stating that the following is not required to be open to the public: “data, records or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of, or as a result of, study or research on commercial, scientific, technical or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records or information has not been publicly released, published, copyrighted, or patented.”  
Hudson countered the development authority attorney’s position in a Jan. 23 email, stating that this section of the code was “put in the law to protect academic research performed by or with a government education institution or other government agencies, on research projects of various types.”
“It is designed to prevent others from pirating the research work that is being conducted before that research is published or used by the owner,” he explained.  
Hudson said the study commissioned by the development authority was “undertaken specifically for the benefit of that public agency and to advise it on how it will conduct its affairs.”  
“It is not anything that has commercial use that could be marketed to others,” he added. “Thus, the exception relied upon by the authority, in my view, is not applicable.”  
Davis said the development authority strives for transparency, yet has a responsibility to protect its industrial clients.
“Like other government agencies devoted to economic development, the authority occasionally struggles with such matters, as it is sometimes difficult to weigh the paramount right of the public to access public records against the occasionally competing and legitimate interests of the authority and its industrial clients and development partners to safeguard valuable proprietary information,” he said. “At all times, however, the authority endeavors to fully comply with applicable law, including Georgia’s Sunshine Laws.”
Davis and development authority officials commented they were open to further discuss the issue with the Courier.


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GPA grows trade, market share
Intermodal volume up 20 percent
port photo
Rubber tired gantry cranes handle cargo at the Chatham Intermodal Container Transfer Facility at the Port of Savannah. The Georgia Ports Authority's Mason Mega Rail project will double rail lift capacity to 1 million containers per year by 2020 - photo by Provided

The Georgia Ports Authority achieved 14 percent growth in March container volumes, moving 355,208 20-foot equivalent unit (TEU) containers.

From July 2017 to March, TEU container trade grew by 9 percent, or 255,786 additional units for a total of 3.08 million, a new record for Savannah.

"Savannah's continued strength is a reflection of our customers' commitment, Georgia's leadership, and the many dedicated service providers, GPA employees and ILA members who come together every day to achieve great things," said GPA Executive Director Griff Lynch. "March marked our 17th consecutive month of business expansion thanks, in part, to a strong economy and growing market share."

Intermodal rail volumes jumped by 20 percent in March and 15.4 percent for the fiscal year to date, for a total of 318,454 containers handled over nine months – another record for the GPA.

"As the numbers show, our rail cargo is growing at a faster pace than our overall trade," GPA Chairman Jimmy Allgood said. "This is important because rail is playing a key role in our responsible growth strategy. We anticipate our rail infrastructure investments to take 250,000 trucks off the road each year by 2020."

The GPA recently broke ground on its Mason Mega Rail Terminal, on which the Port of Savannah will build 10,000-foot unit trains within its own footprint. From the expanded rail infrastructure at Garden City Terminal, Class I rail providers CSX and Norfolk Southern will provide direct rail service to major Southeast and Midwestern markets from Memphis to St. Louis, Chicago to Cincinnati.

An added benefit is that the Mason Mega Rail project will move all rail switching on terminal – improving vehicle traffic flow around the port.

In August, the GPA will open its Appalachian Regional Port in Murray County. Located in an industrial belt, including the production and export of carpet and flooring, automobiles and tires, the ARP will provide an alternative to all-truck transit to Northwest Georgia.

Each round-trip container moved via the Appalachian Regional Port will offset 710 truck miles on Georgia highways.

March was also a strong month for roll-on/roll-off auto and machinery units at the Port of Brunswick and Ocean Terminal in Savannah. Colonel's Island Terminal in Brunswick handled 66,144 cars, trucks and tractors, while Ocean Terminal added 4,050, for a total 70,194, a 17.2 percent increase.

"The global economy is thriving and our volumes are following suit," Lynch said. "As existing accounts grow their footprint in the expanding auto facility in Brunswick, Georgia's competitive logistical advantages are drawing additional business across all of our docks."

Lynch noted that for the fiscal year to date, Mayor's Point breakbulk terminal in Brunswick grew by 44 percent (34,515 tons) to reach 112,728 tons of forest products. At East River Terminal, bulk cargo expanded by 34 percent July-March (189,918 tons) for a total of 750,384 tons.

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