Wednesday, January 16, 2002

Why a lawsuit? Because taxes and government should be open to the public

By CAL BEVERLY
Publisher

As reported on this page, The Citizen has taken legal steps to let the sunshine in on judge-ordered secret tax talks among the governing bodies in Fayette County.

We thought you, the taxpaying public, might want to know what we are up to in taking this action on your behalf.

First of all, we mean to impugn no motives of any person, official or group involved in the current mediation talks involving the question of tax equity. We believe all are sincerely attempting to work out differences as mandated by state law.

It is state law, in fact, that we are concerned about specifically, the time-tested laws requiring open meetings and open records of governing bodies. We think that in this case the judicial process has overlooked, even ignored, the plain requirements laid out in the law about open government.

Visiting Judge Stephen E. Boswell of Clayton County late last year ordered the councils of Peachtree City, Fayetteville and Tyrone and the Fayette County Commission to gather together, with quorums present from each, to begin a series of negotiations aimed at resolving tax disputes between the cities and the county.

Judge Boswell further ordered the meetings, with all members of all boards present, to be conducted in secrecy and imposed a rigid gag order so that none of the elected officials may comment on the ongoing talks.

We believe Judge Boswell's order ignored both statutory and case law pertaining to quorums (the minimum number of members present to do official business) of governing bodies.

For us, the question is simple Can a judge ignore one state law while implementing provisions of another law, this one on mandatory mediation? Put another way, can judicial procedure and legal custom trump state law?

For us the answers are obvious.

We believe anytime an elected body talks about taxes, such talk should be open to the taxpayers and subject to their scrutiny. We believe Judge Boswell has made a legal error, one that can be corrected only through court action.

His error, we believe, has an impact upon every citizen of Fayette County, whether in or outside of a city.

Thus we have asked the court to stop the current secret proceedings and bring all such proceedings into the clear light of public scrutiny.

Also, we intend to file Open Records law requests on all parties to produce any and all records that may have been used or produced so far in the secret tax negotiations. We intend to tell you, the public, what those records contain.

We regret that in trying to overturn the judge's order, judicial procedure requires us to in effect sue all the governments involved. We are not alleging that any of the governing bodies wants to meet in secret. We presume they are doing so only because a superior court judge has ordered them to do so.

We think Judge Boswell is wrong. And we intend to take our case as far as required to see open meetings and open records laws vindicated and restored in Fayette County.

Back to Opinion Home Page | Back to the top of the page