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Fulton DeKalb Hosp. Auth. v. Miller & Billips

The work product exclusion did not take records relating to a routine investigation into sexual misconduct by members of the hospital authority's HR departments, despite the involvement of the authority's legal department, since the investigation was a routine inquiry, which was not commenced in the expectation of litigation.

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The law firm of Miller & Billips sued the Fulton DeKalb Hospital Authority “the Authority” pursuant to the Georgia Open Records Act “the Act”,1 seeking disclosure of certain public records maintained by the Authority. Following a hearing, the trial court found that the records fell within the Act and ordered their disclosure. The Authority appeals, and for reasons that follow, we affirm. The records at issue were generated during an internal investigation into allegations of sexual misconduct by members of the Authority’s Human Resources “HR” Department. In early 2006, the Authority received several anonymous complaints alleging misconduct by HR Department employees. Tracy Sprinkle Dawson, an attorney in the Authority’s legal department, investigated the complaints “to assess the potential for litigation, analyze facts and defenses and prepare to defend possible lawsuits.”

During the investigation, Dawson and Larry Matthews, the Authority’s Manager of Security, interviewed numerous employees. Most of the interviews were tape-recorded, and Dawson also took notes. After pursuing various leads, Dawson prepared a written report for the Authority’s General Counsel that summarized key interviews and offered recommendations.

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