Wednesday, August 21, 2002
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Wednesday, August 21, 2002 |
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Judge to decide if cities, county violated open meetings law during secret mediations
By JOHN
MUNFORD
Attorneys for local governing bodies argued in court last week that open meetings laws weren't violated when they met in closed mediation discussions that began last year over alleged tax inequities. But an attorney for The Citizen countered that the law which required the mediation to take place does not specify the talks should be done in secret. "The legislature did not say they (the mediation hearings) had to be private," said Citizen attorney Don Johnson. The two sides argued before Fulton County Superior Court Judge John S. Langford Thursday, but a ruling may not be forthcoming for weeks. Attorneys for Fayette County, Peachtree City, Fayetteville and Tyrone are seeking for the case to be dismissed. The mediation talks were ordered by Superior Court Judge Stephen Boswell of Jonesboro, who is named as a defendant in the open meetings action. In his December 14 order, Boswell restrained all parties from talking about the negotiations until the case is resolved. The mediation was ordered as the cities filed a complaint against the county, alleging that its citizens pay for certain county services they don't receive. The amount of tax funds allegedly in question total over $1 million. "Taxing issues affect every citizen in the county," Johnson told the court, adding that the "gag" order from Boswell "is unlawful in respect to the open meetings act." Peachtree City City Attorney Rick Lindsey said the mediations have since ceased with no resolution, and therefore there is no relief available to The Citizen. He added that mediation was extended after The Citizen filed its suit on the matter in January. Also, Superior Court rules require mediation talks to take place in secret, Lindsey said. "The parties had no choice but to go through mediation," Lindsey argued. This is interesting and, to me, cutting edge stuff," Langford said. The cities and county argue that the only time a quorum was present from each agency was at the initial mediation hearing, as required. Subsequent meetings were attended by individual representatives including council members, commission members and their respective staff and attorneys, they have indicated in court briefs. Michelle Youngblood, an attorney representing the city of Fayetteville, said the initial mediation gathering was "merely procedural to set up the framework so the actual mediation could be conducted." "No one present was authorized to take any official action on behalf of the parties," Youngblood said. Phil Grant, an attorney representing Fayette County officials, said the county had hoped to avoid mediation entirely but was forced into the matter by the cities. "To say that these meetings had to be public is, say, an extreme step," said Brad Sears, an attorney representing Tyrone officials. Earlier this year, an injunction was issued against the county and cities, ordering them to refrain from participating in more secret mediation hearings.
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