In December 1997, Woody Shellnut, Debbie Condon, Connie Hale, Dr. Bob Todd, and Darryl Chaney conducted a meeting of the [Fayette County] Board of Education to review the school superintendent.

I investigated the meeting and concluded that it was in violation of the Open Meetings Act of the State of Georgia.

As a result thereof I prepared and have ready for filing, accusations charging each participant with three violations of the state open meeting law.

I was very concerned at the time with some public comments of some of the members and the apparent callous attitude and indifference exhibited towards compliance with the Open Meetings Act by some of the members. Since that time, the following have occurred:

1. Two of the five board members have been replaced through the election process. Each new member ran on a platform of conducting open meetings consistent with the law and the best interests of the citizens of Fayette County;

2. In the summer of 1998, Woody Shellnut opened a meeting to discuss redrawing some school attendance lines, when the meeting could lawfully have remained closed;

3. In 1998 Debbie Condon prevented the board from going into executive session to discuss an issue, even when faced with the advice of counsel that the issue could be held in executive session, reportedly prompting counsel's resignation;

4. The board of education has given notice, and is compliant this December with the Open Meetings Act in reviewing the status of the superintendent;

5. In the settlement of the declaratory judgement action, the board has committed in writing with compliance with the Open Meetings Act consistent with my interpretations of the same.

My interest has always been to procure compliance with state law, and to seek justice through the enforcement of the laws, when necessary. I have always believed that to be a government of the people, by the people, and for the people, the government should always be open, direct, and honest with the citizens.

At no time have I ever personally nor professionally believed that any board member had any malevolent motives towards Fayette County and their responsibilities. Indeed I believe that they are honorable men and women.

While I personally object to the board members using school system monies, i.e., tax monies, to reimburse Fayette County for the costs of my attorney in the civil action, I hod no professional authority to dictate otherwise.

Therefore, I have concluded that it is in the best interests of the Fayette County schools, and the citizens of Fayette County that the charges against the individual board members previously mentioned be held in abeyance and not filed at this time.

The charges may be filed at any time within two years from the date of the offense, if it becomes in the best interests of the citizens of Fayette County to do so.