The

Citizen Newspapers filed suit Monday seeking to

force the city of Fayetteville to release records

concerning former city manager Michael Bryant's

recent month-long suspension. The suit also

questions the legality of the council's hearing

of any complaints and any evidence against Bryant

in executive session, closed to the public.

"The

City Council's refusal to release any information

about Bryant's suspension and subsequent

resignation amounts to a cover-up, and we want

the city to stop the cover-up," said Citizen

publisher Cal Beverly. "We're sure it's

embarrassing for the council to have this happen

to the man they hired to run the city, but

embarrassment is no excuse to cover up public

officials' conduct in public office."

Bryant

resigned last week following City Council's

unanimous approval of a negotiated separation

agreement. He will receive 14 weeks' pay, retain

his family's medical insurance for six months,

and receive his accrued vacation. Both Bryant and

the city agreed to file no future legal action

concerning his termination.

City

Council suspended Bryant with pay Jan. 12,

following discussion in a closed session. Council

members have steadfastly declined to reveal the

reason for the action, except to say that at

least one city employee had brought complaints,

and Bryant was suspended pending an

investigation.

lawyer hired by city attorney David Winkle to

investigate the matter was scheduled to take

depositions from witnesses Feb. 14, but over the

weekend lawyers for the city and Bryant worked

out a separation agreement, making the

depositions unnecessary.

"At

the present time, City Council has not considered

matters described [as] ... evidence or hearing

argument on charges filed to determine

disciplinary action or dismissal of a public

officer or employee," wrote Mayor Kenneth

Steele in a Feb. 16 reply to The Citizen's

request to see records in the case.

"To

this point the City Council has only received

information described in O.C.G.A. 50-18-72 e

1," Steele wrote. That section of the state

Open Meetings law refers to the

"attorney-client privilege," the right

of confidentiality given to particular kinds of

communications between a lawyer and the client.

"It

is The Citizen's contention that the portion of

the Jan. 12 meeting in which council was told the

nature of complaints against the city manager

should have been conducted in public," said

Beverly, "as well as any other meetings in

which council heard any information about the

complaints." State law allows governments to

meet in private to discuss hiring, promotion,

discipline or firing of employees, but

fact-finding concerning complaints are required

to be public.

"Does

anyone seriously believe that council members

suspended and then forced the resignation of the

top city official - the man they themselves

hired - without even knowing any details of

the charges against the man hired to run the

city?" Beverly said. An editorial about the

suit on Page 4A asks the same question and

concludes that if the council members heard any

details involving Bryant, they should have heard

the information in open, public session.

The

newspaper company also is asking for any records

that pertain to the suspension, arguing that by

law those records should be public. The firm also

is seeking reimbursement of its legal fees, as

provided by state law.

The

Citizen is represented by Fayetteville attorney

Don Johnson.

Council

members this week declined to comment on The

Citizen's suit, but in response to a formal

written request for records last week, Mayor

Kenneth Steele cited the potential for lawsuits

and the right of attorneys and clients to consult

in private as reasons the meeting was conducted

in closed session and the records could not be

released.

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