With county
attorney Mitch Powell acting as a teacher, members of the
Coweta County Commission and other committee members were
schooled in the new Open Meetings Law Tuesday morning.
The new law
takes effect July 1 and is a lot stricter than the
previous law, Powell said.
The new law
states that if a quorum of any government is present at a
location and public matters are being discussed, the
gathering constitutes a meeting.
Commission
Chairman Lawrence Nelms was succinct in his appraisal of
the new law.
"That's
almost a violation of our civil rights," he said.
Powell said
he believes the law may be challenged on the basis of
individuals exercising their right to speak out on a
subject.
Commissioner
Vernon "Mutt" Hunter offered a simple solution
to staying within the boundaries of the new law.
"We
just have to stay away from each other," he said.
Another
aspect of the law requires the chairman of the governing
body to sign an affidavit after an executive session
stating that only matters of personnel, litigation or
real estate were discussed during the session.
If the
chairman is found to be in violation of the law, he can
face up to five years in prison on a felony charge.
The law
also makes significant changes to the Open Records Law.
Previously, the county's staff had three days to respond
to a request for a record. Now, the staff will actually
have to produce the document within three days.
"It's
really going to penalize the taxpayer since we're going
to have extra staff to do this research," Nelms
said.
Hunter
agreed with Nelms and said the new law would lead to less
openness in government since many governments would try
to find a way around the law.
"Somebody's
adopting laws who hasn't plowed the mule," he said.
The county
attorney said electing officials was based on public
trust, and the effects of this law would be public
distrust.
He added
the law applied to all elected government officials and
any committees that were formed.
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