The Fayette Citizen-News Page

Wednesday, October 9, 2002

AG opinion: County is wrong to vote in secret

By JOHN THOMPSON
jthompson@TheCitizenNews.com

The state's senior assistant Attorney General has sided with Tyrone's Ronnie Cannon in his claim the Fayette County Commission violated the state's Open Meetings Act.

Cannon had contacted the Attorney General's office earlier this year after he discovered the County Commission had voted on several real estate and legal matters in closed session.

Cannon, along with Tyrone Town Attorney Brad Sears asked the state's top legal official for an opinion on the issue.

In a letter dated Oct.3, senior assistant Attorney General Kathryn Allen said she understood that the Georgia Municipal Association, the Fayette County Attorney and the Fayette Solicitor disagreed with the position that votes must take place in open session.

"This office continues to believe that votes on matters that may be discussed in executive session should be held in the open portion of the meeting, except where there is a specific statutory exception for the votes," Allen wrote.

She pointed out the exception is specific for personnel items, but "the absence of a specific provision in the real estate or attorney advice exception does not mean that those votes must be held in secret."

County attorney Bill McNally could not be reached for comment on Allen's interpretation of the law.

Cannon discovered the violations when he started looking for the meeting where the county decided to sue Tyrone over its sewerage contract with Fairburn.