Under a new law, elected officials, such as Augusta Commission members, must sign affidavits when they hold a closed meeting, explaining why the meeding did not violate the law. MICHAEL HOLAHAN/STAFF

Meetings' legality questioned

Newspaper editor sues commissioners because he says their closed-door sessions were against state's sunshine laws

Web posted December 15, 1999

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By Pamela E. Walck
Savannah Morning News

CLAXTON, GA. -- Mitchell Peace hired an attorney and incurred a five-figure legal bill in defense of Georgians' right to know.

``I didn't want to be the first one to file a suit,'' he said. ``I'm not doing it for myself or the newspaper, but for the public we serve.''

Mr. Peace is editor of the Claxton Enterprise in southeast Georgia. He and the paper are in the middle of the first test of Georgia's newest open government law, suing the Evans County Commission for what Mr. Peace says were two illegally closed meetings.

A statewide newspaper survey found that counties generally are making public records available, but the debate over open meetings is far from over.

Gov. Roy Barnes helped write a law that went into effect July 1 requiring elected officials to sign affidavits explaining their reasons for meeting behind closed doors.

State Rep. Glenn Richardson, R-Dallas, cast the lone vote against the legislation.

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``These are commissioners not attorneys,'' Mr. Richardson said. ``The affidavit requires the chairman to say `We complied,' but what if there is an inadvertent remark made?''

In Mr. Richardson's view, the change in the law represents little more than feel-good legislation.

``The public still doesn't have any more reason to trust than before,'' Mr. Richardson said. ``If boards were willing to violate the law before, then what difference does it make now? If they were willing to breach the public's trust then, why not breach it again?''

False swearing is a felony punishable by up to five years in prison. Failure to sign the affidavit, meanwhile, is a misdemeanor. It's a legal tightrope that Georgia's elected officials have walked since July.

``We try to be very careful to discuss in executive session only the three items the law allows,'' said Cobb County Attorney Dorothy Bishop. ``Our chairman signs the affidavits. I hate that he has to do that.''

Others say an affidavit is a good idea.

``Many of these elected officials want what's best for their community,'' said state Rep. Tom Bordeaux, D-Savannah. ``They're not in it to make a buck, but sometimes they are ignorant of the law or forget. An affidavit requirement is a constant reminder.''

Mr. Bordeaux, vice chairman of the House Judiciary Committee, supports the new measures, calling them ``bedrock principles (that) take Georgia further than most states toward open government.''

In Claxton, Mr. Peace filed a complaint against the commissioners in July after the board retreated behind closed doors during a budget workshop.

Chairman Marty Todd said it was to discuss ``possible pending litigation'' involving an employee, but the county attorney wasn't at the meeting.

Mr. Peace protested, but the commission closed the meeting and then failed to comply with the new law requiring an affidavit, he said.

Five days later, at a regularly scheduled meeting, Mr. Todd announced that he had been mistaken.

``Our error was that the county attorney was not present when stating it, and we should have stated it for personnel reasons. ... It is not our intentions to try and violate the open records laws.''

Once again, the board went into a closed session ``to discuss personnel.''

Mr. Peace protested again. ``Even with their attorney present, it didn't change the fact that it was a budget matter, not a personnel issue,'' he said.

Mr. Peace hired attorney Glen A. Cheney to file a complaint against the Evans County Commission.

``It all boils down to this: If I let you run me out this time, it will only make it easier for you to do the same thing the next time,'' said Mr. Cheney. ``So am I going to let you run me out every time or am I going to invoke the open records laws?''

In late November, Superior Court Judge Charles P. Rose Jr. ruled that the first closed session was a violation of the law, and the subsequent closed session was not. A hearing on Friday has been schedule to determine sanctions and attorney fees.