Judge: If in doubt, open the meeting

News
Share this Post

Judge: If in doubt, open the meeting

News
Share this Post

In an order allowing for attorney's fees to be sought by The Citizen,

Fayette Superior Court Judge Christopher Edwards reminds the Peachtree City

City Council about guidelines for when meetings can be closed.

In his order, which was filed Friday, Edwards noted an appellate decision

that requires any claimed exception to the state's open meetings law

to be "strictly construed."

Edwards also quoted Norman S. Fletcher, Chief Justice of the Georgia Supreme

Court, who once ruled: "The practical side ... is to point out that

if there is the slightest doubt, or any question whatsoever, as to whether

a matter can be the subject of a closed meeting, DO NOT CLOSE."

Two weeks ago, Edwards ruled in the newspaper's favor, saying a meeting

between the council and attorneys for a shopping center developer and a nearby

homeowner's association could not be closed. The meeting was planned

to hash out details of the development plan for the Kedron Target and other

retail stores that will be added to the retail center in north Peachtree

City.

The council could meet with its own attorneys and staffers in closed session,

but that is solely for matters that must be protected by the council's

own attorney-client privilege, Edwards said.

The proposed meeting between the council, attorneys for shopping center

developer Faison Corporation and a nearby homeowner's association would

not carry such protection and therefore it must be held in the open, Edwards

ruled.

Laurel Henderson, an attorney representing Peachtree City, had argued the

meeting was deemed necessary because negotiations using attorneys as go-betweens

hadn't proven fruitful.

The plan for the Target store was ultimately approved at last Thursday night's

meeting of the City Council, but not before the matter was discussed in closed

session by the council for roughly an hour and a half.

If it wishes to seek attorney's fees in the case, The Citizen must

file a brief with the clerk of court no later than Thursday, Edwards ruled.

Stay Up-to-Date on What’s Fun and Important in Fayette

Newsletter

Latest Comments

VIEW ALL
Newsletter
Scroll to Top