Affidavit law poses no problem

Some area leaders call requirement paperwork; some refer to it as an aggravation

Web posted December 15, 1999

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By Sylvia Cooper
Staff Writer

The new open meetings law that requires the mayor or chairman to sign an affidavit after a public meeting has been closed to discuss topics such as personnel, litigation or real estate has posed no major problems to many Augusta area officials.

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Just more paperwork.

And to some, aggravation.

``It's somewhat of an affront,'' McDuffie County Attorney Sammy Fowler said. ``The law only allows for meetings to be closed for certain reasons, and now they want you to (sign) an affidavit. It's sort of offensive.''

Georgia law already mandates that members of a public body can't discuss topics behind closed doors except those outlined in the law, Mr. Fowler said.

``But now I've got to swear an affidavit to say that I didn't,'' he said.

Commissioners in some other Georgia counties have decided to resign rather than sign affidavits about everything that went on in executive session, Mr. Fowler said. But McDuffie County commissioners haven't had that problem.

``It's just more unnecessary paperwork,'' Mr. Fowler said. ``It's just something else you've got to do. Now, if you don't file this affidavit, somebody's going to imply something was going on.''

Thomson Mayor Bob Knox Jr. said the law hasn't affected him at all.

``Frankly, we've never had a closed meeting since the law went into effect,'' the mayor said. ``We don't have closed meetings. We really don't. We've just never had the need for it.

``Even in the last 10 years, I'll bet we haven't had two or three closed meetings, and they were mostly for real-estate purchases -- that kind of thing. I haven't executed one of those affidavits. I know what the law says, but we've never done it.''

Washington Mayor Frank Thomas said he doesn't have a problem with the new requirement.

``We really abided by the old law and what I considered the open records most of the time, anyhow,'' Mr. Thomas said. ``Some of the rules changed a little bit, like you used to just say `personnel' and any personnel matter could be discussed. Now it's just certain items.''

The law requires all members of some county commissions and city councils to sign the affidavit, swearing that topics discussed in the closed meeting were those allowed by law. But not in Washington, Mr. Thomas said.

``I'm not sure (that) if I was a councilman I'd want to sign it because the difference, as I understand it, is that a council person is subject to a $100 fine as a misdemeanor,'' Mr. Thomas said. ``If I sign a lie on an affidavit, I'm subject to a $500 fine and imprisonment as a felony. As a councilman, why would I want to put myself in that position?''

Augusta City Attorney Jim Wall said some commissioners and board members have reservations about serving as chairman. And some are hesitant about going into executive session although it clearly is legally justified because they don't want to put themselves at risk.

Mr. Wall has recommended to Augusta commissioners and boards he represents that after a closed session the members vote to authorize the presiding officer to sign the affidavit.

``That confirms on the record by everyone who participated that topics discussed in the meeting were devoted to matters that fall within the legal parameters,'' Mr. Wall said.

Participating in an illegal meeting is a misdemeanor, he said, but false swearing is a felony.

Reach Sylvia Cooper at (706) 823-3228.