Birth Certificate Appeal.

[When I did not receive any satisfactory answers to my questions about the birth certificate issued in my name, I sent this Appeal. You might want to pursue a similar path.]


From: Thomas Murrell Thornhill III
c/o Box 1755 U.S.P.S.
Nevada City, California
United States of America
June 15, 2000.

To: GEORGIA DEPARTMENT OF HUMAN RESOURCES
DIVISION OF PUBLIC HEALTH
MICHAEL R. LAVOIE(?), STATE REGISTRAR AND CUSTODIAN
VITAL RECORDS UNIT, Room 217-H
47 Trinity Avenue, S.W.
Atlanta, Georgia 30334-5600

FORWARD AND ADDRESS CORRECTION REQUIRED

Dear Mr. Lavoie(?) [I cannot read your imprinted signature]:

NOTICE OF APPEAL OF DENIAL OF ACCESS TO RECORDS.

ADMINISTRATIVE AND JUDICIAL NOTICE REQUIRED.

1. I was delivered a new copy of my birth certificate from your organization via United States Postal Service on or about June 5, 2000 in response to my letter requesting a copy of my birth certificate of May 25, 2000, (identified as Certified Mail # 7099 3220 0001 7631 7588), copy attached and incorporated herein. It is NOT hand certified by a clerk as the previous copy had been. Have your regulations changed to no longer require hand-certification of Certified copies or is this document (identified as your number [omitted], [date omitted]) an un-Certified copy? Enclosed is my personal check in the amount of $10.00 as payment in full as promised for one properly Certified copy of my birth certificate. If your organization has, in fact, already delivered such copy, please accept my payment: if not, please try again.

2. For reason(s) unknown to me, your employee(s) failed or refused to deliver any document(s) in response to my request for document(s) included within said letter. For that reason I am making this Appeal to you in your Official capacity under The Georgia Government Documents Act, Official Code of Georgia (OCG), sections 50-18-50 et seq. and under OCG 31-10-25(c), which reads, in relevant part: "Appeals from decisions of custodians of vital records ... who refuse to disclose information or to permit inspection or copying of records ... shall be made to the state registrar whose decisions shall be binding upon such custodians." (my emphasis added).

3. I believe your organization to be a "agency" of the State of Georgia as defined in OCG, section 50-14-1(a)(1)(A) or 50-14-1(a)(1)(D) and, hence, subject to OCG, section 50-18-50 et seq.

4. I believe each and every document(s) I requested is a "public record" "prepared and maintained or received in the course of the operation of a public office or agency." per OCG, section 50-18-70(a).

5.a. I have no reason to believe that any document(s) I requested is(are) covered by the exemptions of OCG, section 50-18-72.
5.b. Even if said document(s) were exempt, your organization has failed to timely nor properly claim any such exemption(s).

6. OCG, section 50-18-70(b) reads, in relevant part: "All public records of an agency as defined in subsection (a) of this Code section, ..., shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse the privilege to any citizen."

7.a. OCG, section 50-18-71(a) reads, in relevant part: "In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records [etc.] for the purpose of making photographs or reproductions of the same ...".

7.b. I request that you personally act as my limited agent in this matter to locate and copy said requested document(s), and deliver said copies to me via mail. (Should you not personally know the whereabouts nor the contents of any of the requested document(s), it would seem that you, from enlightened self-interest, should probably find and read them.) I specifically Reserve and do not Waive my right of actual physical personal inspection of said record(s).

8. I promise to pay a reasonable sum not to exceed the total sum of twenty dollars ($20.00) for the search, copying, and delivery of the requested information.
Please deliver the requested information to me via United States Postal Service to the mailing location shown at the top left of this letter.

Sincerely,

Thomas Murrell Thornhill III

END


The non-responsive silence was deafening!

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