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Judge: If in doubt, open the meeting

By JOHN MUNFORD
jmunford@thecitizennews.com

In an order allowing for attorney’s fees to be sought by The Citizen, Fayette Superior Court Judge Christopher Edwards reminds the Peachtree City City Council about guidelines for when meetings can be closed.

In his order, which was filed Friday, Edwards noted an appellate decision that requires any claimed exception to the state’s open meetings law to be “strictly construed.”

Edwards also quoted Norman S. Fletcher, Chief Justice of the Georgia Supreme Court, who once ruled: “The practical side ... is to point out that if there is the slightest doubt, or any question whatsoever, as to whether a matter can be the subject of a closed meeting, DO NOT CLOSE.”

Two weeks ago, Edwards ruled in the newspaper’s favor, saying a meeting between the council and attorneys for a shopping center developer and a nearby homeowner’s association could not be closed. The meeting was planned to hash out details of the development plan for the Kedron Target and other retail stores that will be added to the retail center in north Peachtree City.

The council could meet with its own attorneys and staffers in closed session, but that is solely for matters that must be protected by the council’s own attorney-client privilege, Edwards said.

The proposed meeting between the council, attorneys for shopping center developer Faison Corporation and a nearby homeowner’s association would not carry such protection and therefore it must be held in the open, Edwards ruled.

Laurel Henderson, an attorney representing Peachtree City, had argued the meeting was deemed necessary because negotiations using attorneys as go-betweens hadn’t proven fruitful.

The plan for the Target store was ultimately approved at last Thursday night’s meeting of the City Council, but not before the matter was discussed in closed session by the council for roughly an hour and a half.

If it wishes to seek attorney’s fees in the case, The Citizen must file a brief with the clerk of court no later than Thursday, Edwards ruled.