Paper sues council for its handling of City Manager Mike Bryant's suspension, resignation; alleges open meetings, open records laws have been violated. Council still says, 'No comment'

By DAVE HAMRICK
dhamrick@thecitizennews.com

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.

A 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.