Sandy Springs Crier - October 12, 2023

This is the only account Sandy Springs Police provided about an incident that took place at an apartment complex last year. The document is coded “Person Dead” and includes the name of the victim and two suspects. It also includes the names of two others but doesn’t specify whether they were witnesses, victims or suspects. The report

Perimeter businesses feel grind of gridlock

does not identify the officers who responded to the call and provides no details on whether the incident was a homicide or an accident. It makes no mention of any arrests.

More about Appen Media’s campaign to inform Sandy Springs residents about crime in their city, Pages 3-10

“On 12/11/2022, I responded to a person shot at 1208 Cimarron Pkwy.”

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Traffic woes sting Perimeter market

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Sandy Springs, business group weigh efforts to revive district

By HAYDEN SUMLIN hayden@appenmedia.com

SANDY SPRINGS, Ga. — As if the COVID-19 pandemic and six years of construction at Ga. 400 and I-285 weren’t enough, the Perimeter market faces another headache.

Mass traffic congestion has grown even worse in Sandy Springs after a tractor trailer struck a bridge over I-285 on Mt. Vernon Highway Sept. 27.

Sandy Springs Mayor Rusty Paul said the Georgia Department of Transportation has reported the bridge will remain closed after inspecting five damaged support beams.

Some challenges stand in the way of resuming any sort of regular traffic flow in the city. Supply chain and delivery of support beams, as well as the safe movement of water lines across the damaged bridge, complicate repairs.

Reopening the Mt. Vernon Highway bridge by next summer is not the best option due to costs and construction time, Mayor Paul said.

The Georgia DOT is proposing to accelerate completion of another bridge over I-285 to the east of Mt. Vernon Highway, called the I-285 Westbound Auxiliary Lane project.

In the wake of these headwinds, the Perimeter Community Improvement Districts are pitching a rebranding effort to recapture interest in one of the busiest commercial areas of Metro Atlanta.

The CIDs are two adjoining, self-taxing commercial districts covering areas along the northern perimeter in Fulton and DeKalb County.

CIDs Executive Director Ann Hanlon brought several rebranding ideas with her to the Oct. 3 Sandy Springs City Council meeting.

Because of the fallout from the COVID-19 pandemic and remote work policies, the Perimeter market has lost some commercial real estate tenants, Hanlon said.

Midtown Atlanta and the Battery in Cumberland took some of Perimeter’s corporate tenants, including Enterprise Rent-A-Car.

Hanlon said many people surveyed during the PCIDs rebranding described the Perimeter market with words like “traffic, congested, clean and nice.”

Overall, the community perception of the Perimeter market is mixed, Hanlon said.

Residents and employees surveyed reported the experience of “construction fatigue” due to work underway at the Ga. 400/I-285 interchange.

For Hanlon, it’s the right time for a rebranding.

Hanlon has started pitching the rebranding to city councils and staff in Dunwoody, Brookhaven and Sandy Springs.

At the Oct. 3 council meeting, she unveiled a draft of the improvement district’s brand promise, “Where it all works.”

A brand promise is the value or experience a customer receives every time they interact with the brand. The PCIDs’ brand promise references the Perimeter market’s access to everything visitors need, and the “corporate playground” employers and employees want.

The City Council lauded the effort but had some criticisms.

“I think you’re right, there’s no real excitement around the Perimeter market today,” Mayor Paul said.

He suggested focusing on the Perimeter market’s proximity to the “best of Atlanta” and creating renewed excitement for the area.

Councilwoman Melissa Mular summarized the City Council’s remarks saying the rebranding effort seemed “more corporate,

than creative,” but all agreed on the need to market the Perimeter area.

“We definitely are facing headwinds, and we do want to create excitement,” Hanlon said. “That’s precisely what we want to create, and we all agree on that.”

The plan is to launch a social media campaign for the PCIDs rebranding in December, Hanlon said.

The Georgia DOT anticipates the Ga. 400/I-285 interchange to be “significantly completed” in 2024, Hanlan says there is urgency to begin marketing Perimeter as soon as possible.

“We’re all working on it together to try cast a fresh light on what Perimeter is,” Hanlon said.

Georgia DOT Commissioner Russell McMurry told Mayor Paul that the new bridge in the I-285 Westbound Auxiliary Lane project will be completed “much earlier” than the reconstruction of the Mt. Vernon Highway Bridge, which was slated for July.

The shift of traffic to other roads — such as River Valley Road, Heards Ferry Road and Abernathy Road — is creating unprecedented levels of congestion, Paul said.

The mayor encouraged residents to remain understanding of the situation and to organize ways for students to get to and from school.

“Even that is not a solution, it’s just helping,” Paul said.

Leaving early, anticipating traffic and traveling with patience are all suggestions from the mayor.

“We are trying to do everything we can, and GDOT is trying to do everything they can to remedy the situation,” Paul said.

HAYDEN SUMLIN/APPEN MEDIA

The Sandy Springs City Council listens to Public Works Director Marty Martin’s presentation Oct. 3 concerning site engineering contracts.

We are trying to do everything we can, and GDOT is trying to do everything they can to remedy the situation.”

RUSTY PAUL Mayor of Sandy Springs

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Why we pursue a case that never should have happened

This edition is dedicated to the citizens of Sandy Springs and our efforts on their behalf to protect their right to know how their tax dollars are being spent and how safe they are in their homes, at work and at their places of worship.

Our newsroom started covering Sandy Springs in October 2022 when we launched the Sandy Springs Crier online and delivered papers to 12,000 homes each week.

We have been in business since 1990 covering the cities of Alpharetta, Roswell, Johns Creek, Dunwoody, Milton and Forsyth County. Expanding our footprint to Sandy Springs was a natural next step for our business, and we intended to replicate the services provided by our newsroom to the residents.

Our focus has been and always will be local, local, local.

One of the pillars of that local coverage is public safety. We regularly make open records requests to police departments to find out where there have been home break-ins, car thefts, identity fraud, violent assaults and the like. Our experience is that people want to feel safe in their communities, and the first step to making that happen is to be educated about what public safety challenges exist and what is being done to remedy those challenges.

The greatest tool our newsroom has to begin to identify those challenges is the Georgia Open Records Act, a state law that outlines what public records must be made available to the public by government agencies responsible for keeping them.

Anyone, including reporters in our newsroom, can file an open records request to obtain copies of records in possession of law enforcement. Our newsroom does this every week with every city we cover to provide readers with information we think is important they know.

When we began making open records requests from Sandy Springs in October of last year to give its residents the same information we provide everyone else, we started to notice that something was off. The narratives, which are essentially a summary of what happened at the scene, were often one or two sentences long and contained little to no information.

This didn’t make sense. Reports from other city police departments we covered, involving the same alleged crimes, were paragraphs and sometimes pages long, and contained things missing from Sandy

Springs reports, like details of any crime, any arrests, any injuries and any sense of what happened.

So, we started asking questions. We asked the records administrators if there was missing information, or possibly supplemental reports that were not being provided. We were told that any additional information was part of an ongoing investigation and would not be disclosed.

Back to the Open Records Act

One exemption for law enforcement records is that a police agency may use discretion to withhold investigative records during a pending investigation.

Importantly, this exemption does not apply to initial incident or arrest reports.

We reminded the city about this and repeatedly provided support for our efforts from the Attorney General’s Office, Georgia Association of Chiefs of Police, Georgia Bureau of Investigation, Georgia Department of Law, Georgia First Amendment Foundation, Georgia Press Association, Georgia Public Safety Training Center, Georgia Sheriff’s Association, Georgia Department of Public Safety and Prosecuting Attorney’s Council of Georgia.

All of them agreed: Sandy Springs could not broadly withhold initial incident or arrest reports from the public.

The city’s response was that it would stand by its policy.

So we sued.

It was not a decision we took lightly or in haste. Again, we repeatedly tried to remedy the situation quietly and behind the scenes with the city. We believed at the time – and still do – that the city funda-

mentally does not understand what is required of them, but we were at an impasse and out of options.

Our motive for documents

To be clear, when we make open records requests, we are not seeking investigative notes or anything that would jeopardize the prosecution of a crime. We wouldn’t have any interest in publishing that information, anyway.

We seek, as we have for 33 years in Sandy Springs’ sister cities, basic information like when and where police resources were used, what crimes were potentially committed and whether anyone was arrested.

In this edition, we outline for all of our readers – everyone in Sandy Springs – what our lawsuit is all about. We are showing you the when, where, why and how, because we have nothing to hide and no ulterior motive.

In a couple of weeks, we will file a motion for summary judgment with the judge assigned to our case. We will ask her to compel the city to comply with the Open Records Act and begin to release information that is plainly available to a responding officer at the scene of a crime. We are also asking the city to reimburse us for our attorneys fees – to date about $12,000 –and not a penny more.

Our fear is that a different outcome would lead other public safety agencies across the state to follow the lead of Sandy Springs and err on the side of less transparency, not more.

Our hope is that you agree that this is a fight worth having.

HANS APPEN Publisher

ILLUSTRATION BY JACOB TOMBERLIN/APPEN MEDIA

The issue at hand 1

On May 9, 2023, Appen Media Group filed an open records request for the following:

Any and all incident reports, including arrests, draft reports, officer narratives, and supplemental reports, for the following arrestees: DEJAK, CHRISTIAN THOMAS; DURHAM, AMIRI SHAKIR; SARMEINTO GUILLEN, CARMEN G; MANSON, CHARLES WILSON; BRONSTED,

Let’s break it down:

• What we’re really seeking is the incident report, a full account of what happened. Due to previous responses from the city, we crafted the request to include any possible interpretations of that request.

• These are the names of people who have been recently arrested in the city. We find out about these charges through the city’s website, jail records from various counties who house Sandy Springs inmates and other sources.

THOMAS SILVIJE

We are filing this request for two reasons:

1. To find out more information about the cases

2. To secure primary source documents for our reporting. If Fulton County reports an arrest at the jail, we want to make certain the charges match those that Sandy Springs recorded. You may ask, “Why not just ask the police public information officer for this information?” We take that step, too. Oftentimes, the Sandy Springs PIO will respond “all available information is in the incident report.”

It is vital we have primary source documents for our reporting. We cannot and should not take a PIO’s word for something – we need to have the documents that back up those statements.

What is an initial incident report? 2 Response #1

An initial incident report includes all materials a reporting officer submits when initiating a case. Georgia Open Records Act guidance offers the following,

“Initial incident and police arrest reports are subject to the Act’s disclosure requirements, regardless of whether they are part of an active investigation. Additionally, any report, whether entitled a ‘supplemental report,’ ‘narrative report,’ or similar document name that is produced as part of an initial incident report or can be characterized as such, is likewise to be disclosed.’

The city provided this report in response to our request. The report is three pages long and includes one sentence about the incident, “On September 5, 2021, I responded to 6330 Peachtree Dunwoody Rd in reference to an animal call.”

Remember that the request was for arrest and incident reports associated with a list of names who we referred to as arrestees. One of the names we requested – Amiri Durham – is listed on the “Suspect List” of this report. The city provided this response, assumedly, because Durham was arrested in relation to the incident. However, the city did not provide any arrest reports for Durham.

TAKE NOTE: The case number for this report, listed in the top right corner, is 2021009499.

3

Request #2

“Any and all incident reports, including arrests, draft reports, officer narratives, and supplemental reports” for case No. 2021009499. This is the case number associated with the first request.

• The city has stopped investigating the case. In this scenario all additional information (such as supplemental reports) would be released upon request.

On June 30, about six weeks after the first request, Appen Media Group filed an open records request for the following information, including case numbers: 4

• The city has added or amended information in the initial incident report. For example if an officer later learns a phone number that belongs on the initial report they could go in and add it.

Response #2

The city provided this report in response to our second request. The report is eight pages long. One page contains seven paragraphs describing what the officer found at the scene. Subsequent sheets describe what steps the Police Department took to investigate the incident. A few other pages, titled “Secondary Investigative” reports, expand on the description.

her of his intentions at 12:00 she went to unit door, number 140, and knocked on the door. She advised that while her and Mr. Durham spoke about his intentions she did hear the dog bark from the bathroom. Later that day, Mr. Durham paid the hotel for an additional nights stay. On September 5, 2021, Mr. Durham again approached staff and requested a late check-out as he was unsure if he was going to be staying. He was granted a late check-out, but did eventually check-out of the hotel.

At approximately 1200 hours, Ms. Murray went to the room to check its condition for housekeeping and to ensure Mr. Durham had vacated the unit. She stated when she received no response at the door and did not hear the dog barking she entered the room. She stated the air conditioning was turned off and the room was warm. Furthermore, she noticed dog feces all over the floor so she turned on the air conditioning unit, opened a window to let it air out and left the room. At approximately 1255 hours, Ms. Murray stated she walked by the room and could smell the feces, so she entered the room and placed a pot on the stove which contained bleach and air freshener. While in the room she walked into the bathroom and noticed a deceased dog in the bathtub. She stated she immediately left the room without touching anything and notified police.

Ms. Murray was able to provide me with a print-out of the pet agreement and the drivers license copy for Mr. Durham. She also provided me with a written statement of her encounters with Mr. Durham during his stay. All documents will be submitted to property and evidence, as evidence in this case.

Sgt. McGinnis and I entered the room and noticed feces and urine all over the room. In the bathtub was the deceased dog with what appeared

5

It bears noting that this case was closed in April 2022, a full year before Appen requested the police report. The Georgia Open Records Act requires police agencies to release all reports associated with a case after it has been closed.

If the city was following the Open Records act, there would be only two reasons to have additional information provided in this response:

INVESTIGATING OFFICER NARRATIVE

A closer look...|

One defense the city has used is claiming some supplemental reports are exempt from release. Here’s City attorney Dan Lee to Appen Media via email May 15,

On 2 December 2022 at 1329 hours, I (Officer M. Bips #266) was dispatched to 1020 Hannover Park Road, Sandy Springs, Fulton County in reference to a criminal trespass call.

Upon arrival, I was met by Property Manager, Ms. Angel Suber (Reporting Party). Ms. Suber stated that on or about 1 December at 1334 hours, unknown offenders entered the vacant residences at 1008, 1012 and 1020 Hannover Park Road. Ms. Suber stated that individuals can sign up for self-guided tours of the properties and enter the townhomes.

Ms. Suber stated that the security latch or `hotel lock` was locked from the inside at 1020 Hannover Park Road and the garage remote had been stolen. Ms. Suber stated that the battery packs from the `smart home systems` locks were stolen from 1008 and 1012 along with the garage remotes. No surveillance cameras were observed on the property.

Ms. Suber was issued a case card and Victim Rights Pamphlet. Ms. Suber can be reached at or

“The law clearly allows that initial incident reports are to be disclosed and any supplements to the initial reports. There are no supplements to initial reports that have not been disclosed. The supplemental reports you are mentioning in this complaint are the notes and investigative information dealing with open investigations.”

INVESTIGATING OFFICER NARRATIVE

In a signed affidavit filed June 21, Sandy Springs Police Captain Norman Vik attests to the following,

Offense CRIMINAL TRESPASS/TRESPASSING

“Sandy Springs police officers sometimes write supplemental reports, which are utilized for logging additional information gained after completion of an initial incident and/or initial arrest reports. These supplemental reports are not part of initial incident or arrest reports.”

Let’s explore how this defense plays out.

BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED

On Dec. 13, 2022, Appen filed a request for, “Any and all incident reports, including arrests, draft reports, officer narratives, and supplemental reports,” for case number 2022013635. This incident was a trespassing call dated Dec. 2, 2022. The city provided a report with one sentence, that the officer went to the location.

hours, I (Officer M. Bips #266) was dispatched to 1020 Hannover Park Road, Sandy reference to a criminal trespass call.

On May 30 Appen filed the same request.

The case closed in January, between the first request and the second request. Using the city’s guidance, any additional information or reports should then become available. Sure enough, the city provided two additional pages in response to the second request. One page contains investigative notes made in January as a detective followed up with the case.

But the other page contains a full narrative of what occurred on December 2. This supplemental information is marked as having been filed the same day and the same time as the skeleton report sent to the newspaper. This report should have been provided in response to the first request.

Property Manager, Ms. Angel Suber (Reporting Party). Ms. Suber stated that on or about unknown offenders entered the vacant residences at 1008, 1012 and 1020 Hannover Park individuals can sign up for self-guided tours of the properties and enter the townhomes. security latch or `hotel lock` was locked from the inside at 1020 Hannover Park Road and stolen. Ms. Suber stated that the battery packs from the `smart home systems` locks were along with the garage remotes. No surveillance cameras were observed on the property. card and Victim Rights Pamphlet. Ms. Suber can be reached at or This practice continues to the present day.

A free society depends on public access to government officials and the records they create doing the public’s business. The Georgia First Amendment Foundation urges the Sandy Springs Police Department to honor the principles enshrined in the Georgia Open Records Act, and supports Appen Media’s lawsuit on behalf of government transparency. In the words of the late Georgia Supreme Court Justice Charles L. Weltner, “Because public men and women are amenable ‘at all times’ to the people, they must conduct the public’s business out in the open.”

- Ken Foskett President, Georgia First Amendment Foundation

Other cities’ incident reports

October 2022

– first edition of Sandy Springs Crier published

Timeline of lawsuit

November 2022 – Appen discusses police report Open Record responses with police department, city attorney’s office and city staff

February 2023 – Appen Media legal counsel sends letter of concern to Sandy Springs officials. City attorney’s office reiterates their position.

December 2022 – Appen Media discusses complaint with state Attorney General’s office. Assistant Attorney General Jennifer Colangelo sends the following:

Our office doesn't have an official opinion on this - but the interpretation that we strongly urge is that "initial incident report" should not be treated as "magic words." So a page should not be treated as separate from an initial incident report just because it has a different title, like "supplemental report," at the top of the page. A common-sense interpretation of "initial incident report" is that anything written at the same time as the first part of the report is part of the initial incident report.

So in the sample you sent me that has the long report, the first page shows it was created on 11/17 at 4:33 am. The 4th page, "reporting officer narrative," also says 11/17 at 4:33 am. That should be considered part of the initial incident report. A later page, titled "supplemental," has a later date/time so it wouldn't have to be included in the initial incident report.

Wasn't there a lawsuit about this pretty recently with Sandy Springs? Maybe it was another suburb that agreed to stop playing the "supplemental report" game.

Colangelo volunteers to write, “a letter from our office to the city attorney, letting them know we received a complaint from y’all and we think they need to release any other ‘narrative’ or ‘supplemental’ reports written at the same time, regardless of what they have labeled them at the top of the page.”

April 2023 – Appen Media legal counsel sends draft complaint to Sandy Springs officials, making a final appeal to mediate the situation before taking legal action. City attorney’s office reiterates their position.

June 2023 – City of Sandy Springs files an answer to the complaint and calls to depose Director of Content and Development Carl Appen.

August 2023 –Carl Appen and Sandy Springs City Clerk Raquel Gonzalez face depositions at City Hall. City and Appen Media have a case management hearing with Superior Court Judge Kimberly Adams.

May 2023 –Appen Media files suit against the city in Fulton County Superior Court.

September 2023 – Sandy Springs Police Captain Norm Vik faces an online deposition.

See solution Page 15

DEATH NOTICES

Mary Abernathy, 76, of Roswell, passed away on October 1, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Frances Alston, 98, of Roswell, passed away on September 27, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Jennifer Tatum Fredette, 36, of Alpharetta, passed away on September 30, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Dr. Jan Hines, 84, of Alpharetta, passed away on September 28, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Patricia McGarry, 79, of Alpharetta, passed away on September 30, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Sharon Newman, 90, of Milton, passed away on September 25, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Mabel Scott, 91, of Roswell, passed away on September 29, 2023. Arrangements by Northside Chapel Funeral Directors & Crematory.

Insulation

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To view the entire listing visit https://nfcchelp.org/ work-at-nfcc/. To apply, please submit resume to Carol Swan at cswan@nfcchelp.org.

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JOIN THE FIGHT

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Contribute to Appen Media’s Legal Fund to ensure that Sandy Springs residents have access to all police records subject to disclosure under the Georgia’s Open Records Act.

NEWS TIPS

HANS APPEN Publisher

Contact reporters directly or send story ideas to newsroom@appenmedia.com.

LETTERS, EVENTS AND ANNOUNCEMENTS

Send your letters, events and community news to newsroom@appenmedia.com. See appenmedia.com/submit for more guidance.

ADVERTISING

For information about advertising in the Sandy Springs Crier or other Appen Media properties, email advertising@appenmedia.com or call 770-442-3278.

CIRCULATION

Appen Media has already incurred legal fees of $12,211 as it heads toward trial with the City of Sandy Springs over alleged violations of state open records laws. We are a small business – just like many of you – and these bills have put a strain on operations. Help us keep going by chipping in $5, $10 or whatever you can afford to contribute. It would mean the world to us and go a long way toward making sure that we don’t run out of money before we are able to state our case at trial.

To start, pause or stop delivery of this newspaper, email circulation@appenmedia.com or call 770-442-3278.

TO CONTRIBUTE

Go to appenmedia.com/openrecords or scan this QR Code:

You can also mail a check to Appen Media, C/O Sandy Springs Lawsuit Fund, 319 North Main Street, Alpharetta, GA 30009

100% of every dollar given will be used to pay legal bills and expenses.

If you have any questions please contact Publisher Hans Appen at 770-442-3278 or hans@appenmedia.com