The Fayette Citizen-News Page

Wednesday, August 7, 2002

Charges of 'election politics' brandished by all sides in open meetings dispute

By JOHN THOMPSON
jthompson@TheCitizenNews.com

Fayette County primary election politics, timing and the Georgia open meetings law collided last week, leaving a Tyrone councilman fuming and a state court solicitor framing the issue as political rather than legal.

Fayette County Solicitor Steve Harris ruled late last week that county officials did not violate the state's open meetings law when they voted multiple times in executive session at commission meetings.

"This issue is far from over," said Tyrone Councilman Ronnie Cannon, who asked Harris to investigate the county.

The issue now moves to the Georgia Attorney General's office, since Cannon also asked for a ruling from the state's top legal officer.

In his opinion, Harris chided Cannon for bringing the issue to the media's attention on the same day Cannon asked Harris to conduct an investigation.

"I feel as if my office is being used for political purposes, which I resent," Harris said.

But Cannon countered Harris is the one playing politics.

Cannon didn't receive the news that Harris had issued an opinion until early Friday morning after the solicitor had disseminated the opinion to the media and to County Commission Chairman Greg Dunn.

"This is a matter between a private Fayette County citizen and the solicitor's office. Why did he feel it necessary for Dunn to know his decision before me?" Cannon said.

Dunn said he got the ruling from Harris and immediately sent it to the local media.

"Harris's ruling is consistent with how we do business. We are just following our attorney's advice on the matter," he said.

Dunn also said that despite Cannon supporting his opponent and Commissioner Linda Wells' opponent, he was not going to question Cannon's motives.

Cannon dismissed any political motives that would discredit the current commissioners.

"It's true I don't like Greg Dunn and Linda Wells. They are the only people who have discredited themselves," he said.

Cannon had asked Harris to investigate the county, and despite Harris's ruling, Cannon still maintains the county was in the wrong.

He cites a 1998 unofficial opinion from the Attorney General which states "all votes, even on privately discussed matters, must be taken in public."

The councilman maintains the County Commission violated the open meetings act 21 times in 2001 and 10 times so far this year by voting in executive sessions.

Cannon originally started his quest by looking for the vote by the County Commission to sue Tyrone over its sewer deal with Fairburn.

When he couldn't find the vote in the regular minutes, Cannon did an open records request for the executive session minutes.

He discovered the county had voted Sept. 5 to sue the county, with only Commissioner Herb Frady voting against the motion.

Dunn said he was not aware of the 1998 unofficial decision from the Attorney General's office.

"We would have to reconsider how we do business in executive session if the Attorney General rules that way," he said.

County attorney Bill McNally's only comment was that the county always operates in a lawful manner.