Reversing its
previous stance, Peachtree City's Ethics Board has agreed to always deliberate
in open session on ethics complaints against city officials.
The board,
which is compiling recommended changes to the city's ethics ordinance,
had originally planned to suggest to the City Council that it be allowed
to deliberate in private before voting on a matter in public. The theory
at the time was that board members would feel able to speak more candidly
in private than if the discussion took place in front of the public.
At the board's
last meeting, however, board member Rob Williams convinced his cohorts
that debating the matter in public is best for all involved.
"People
want it done out in the open; anything less is unacceptable," said
Williams, who is an attorney in private practice. "It's the impression
it makes to the public, that there are never going to be any back door
deals .... I know it's uncomfortable, but that's what we signed up for."
Board member
Iola Snow said she changed her mind after hearing Williams' take on the
matter. While Snow thinks keeping the deliberations public will still
stifle some board members from speaking freely, she agreed taking the
discussion behind closed doors might create the wrong impression with
the public.
"Ethics
should be up front and out in front," Snow said.
Ethics board
members are not required to comment during the deliberation process.
"I'm a
little bit disappointed that we won't be deliberating in private,"
said board member Frances Meaders. "You can get more things in the
open and get more on the table that way."
Board member
Terry Garlock agreed that while deliberating in private could lead to
discussion that might "help us individually come to a vote we believe
in after challenging our own thoughts," the board unanimously agreed
to "deliberate in public even if the law permits otherwise and even
if it is uncomfortable."
The ethics
board's powers are limited since it can only administer a reprimand, publicly
censure the officials or recommend the person resign or be recalled or
be prosecuted in city court for a possible criminal violation.
Georgia law
allows certain government entities to deliberate in private for specific
reasons such as potential real estate matters and legal matters.
Agencies may
also deliberate in private (closed) session to consider the appointment,
compensation, hiring, disciplinary action, dismissal or periodic rating
of a public officer or employee. All evidence or argument for disciplinary
actions or dismissal of a public employee must be heard in public and
the vote on said matter must also be conducted in public, according to
the law.
Meaders said
she thought the law supported the board going into private deliberations.
Although an
opinion from City Attorney Ted Meeker argued that the board might be allowed
to legally deliberate in private, Meeker determined the ethics board "may
not deliberate in executive, or closed session after hearing evidence,
and prior to voting, in a case. It is paramount that in order to uphold
the 'public's confidence in its officials,' erring to the side of 'openness'
is preferred, particularly when the city's ethics ordinance is at issue."
Meaders said
she wants the city council to petition state legislators for a new law
on the matter or a clarified stance on the existing open meetings statute.







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