Georgia Open Meetings Act
From Sunshine Review
Contents |
Which government meetings are open to the public? All meetings of all public bodies where business will be discussed or action will be taken is considered open to the public. There are a few exceptions when the public body can close the meeting from the public.[1]
[edit] Meeting process
The public must always have access to open meetings and are allowed to use visual, sound, and visual and sound recording during open meetings.
Notice
Every agency must post the time, place, and dates of regular meetings which needs to be available to the general public in a conspicuous place that the public has access to where the meetings will be.
The agenda of all matters expected must be available upon request and must be posted at the meeting site, as far in advance of the meeting as possible. It must be posted at some time during the two-week period immediately prior to the meeting. Anything not included on the agenda which is addressed during the meeting cannot be considered or acted upon.[1]
[edit] Exceptions
When a meeting of an agency is closed to the public the agency must provide the specific reasons and record them in the official minutes. The meeting may only be closed to the public by a vote of the present body and the minutes must record who voted which way. This part of the minutes must be available to the public, just as are all minutes. The only parts of the closed meeting that are not to be available to the public through minutes are the items that closed the meeting in the first place.
During a closed meeting the chairperson or other presiding person must take and file a notarized affidavit stating under oath that the subject matter indeed qualified the meeting to be closed. The reason must then be identified and this must be filed with the minutes.
The exceptions that could close a meeting after a public body's vote:
- Staff meetings held for investigative purposes under duties or responsibilities imposed by law
- The deliberations, voting, or receiving of information or evidence of the State Board of Pardons and Paroles
- Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings
- County commission meetings must be open to the public unless personnel matters will be discussed.
- Meetings when any agency is discussing the future acquisition of real estate
- Meetings of the governing authority of a public hospital or any related committee when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law
- Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argument on charges. Any votes on this must be taken in public.
- "Adoptions and proceedings related thereto"
- Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing investment securities trading or investment portfolio positions and composition
- Meetings when discussing any records that are exempt from public inspection or disclosure
- Meetings between the public body and its attorney that are sensitive and timely enough to be closed
- Meetings about tax matters which are otherwise made confidential by state law.[1]
[edit] If violated
Any person, firm, corporation, or other entity may file suit against a public body or its members if they feel the Open Meetings Act has been violated, as long as it is within 90 days of the meeting in question. The Attorney General has the authority to enforce, either civil or criminal, actions in the event of a violation. The superior courts can grant injunctions or other equitable relief if a member of a public body or a public body violates the Open Meetings Act.
The court must determine that an agency violated the act without substantial justification. If this happens without "special circumstances," the court assesses reasonable attorney's fees and other litigation costs incurred, paying back the party that brought suit against the guilty body or member. The record as a whole will determine whether the complaint was substantially justified.
Any agency or person who brings information about a violation to light will not be liable in any action on account of the information they provided.[1]
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of all open meetings lawsuits in Georgia. For more information go the page or go to Georgia sunshine lawsuits. For more specific criteria, see our lists of education institution related lawsuits and municipalities related lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
[edit] Education
[edit] Municipal bodies
[edit] See also
[edit] External links
[edit] References
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