(Code 1981, §50-14-4, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1999, p. 549, § 3; Ga. L. 2012, p. 218, § 1/HB 397.)
The 2012 amendment, effective April 17, 2012, designated the existing provisions of subsection (b) as paragraph (b)(1), and, in paragraph (b)(1), deleted "chairperson or other" preceding "person presiding" and inserted "or, if the agency's policy so provides, each member of the governing body of the agency attending such meeting,"; and added paragraph (b)(2).
Law reviews.- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 256 (1999).
JUDICIAL DECISIONS
Compliance with requirements as to minutes.
- Trial court erred in holding that minutes complied with the requirements of O.C.G.A. § 50-14-4(a) since the minutes did not reflect "the names of the members present and the names of those voting for closure," but only indicated the names of commissioners moving and seconding a motion to go into closed session. Moon v. Terrell County, 249 Ga. App. 567, 548 S.E.2d 680 (2001).
Filing of minutes and affidavits.
- Because minutes and affidavits are required to be timely recorded and made open to public inspection so that the general public knows when and where to find an official accounting of the business that transpired, the trial court erred in failing to find that the failure of the county board of commissioners to timely file an affidavit and minutes pertaining to a particular meeting constituted a violation. Claxton Enter. v. Evans County Bd. of Comm'rs, 249 Ga. App. 870, 549 S.E.2d 830 (2001).
Open Meetings Law does not apply to judicial branch.
- Legislature did not intend for the Open Meetings Law, O.C.G.A. Ch. 14, T. 50, to apply to the judicial branch of government. Therefore, a judicial commission is not subject to that chapter. Fathers Are Parents Too, Inc. v. Hunstein, 202 Ga. App. 716, 415 S.E.2d 322 (1992).
Act not violated when subsequent meeting was open.
- Because a bond and a supplemental resolution to the bond were considered at a subsequent meeting at which no closed executive session occurred, and the bond action was discussed and acted upon at the subsequent open meeting, the contentions regarding problems with the prior meeting did not affect the validity of the airport authority's ultimate decision to issue the revised bond, and the airport authority did not violate the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq. Avery v. State of Ga., 295 Ga. 630, 761 S.E.2d 56 (2014).
Cited in Atlanta Journal v. Babush, 257 Ga. 790, 364 S.E.2d 560 (1988).
OPINIONS OF THE ATTORNEY GENERAL
Notice provisions for closed meetings.
- Agency must comply with the notice provisions of the Open Meetings Law, O.C.G.A. Ch. 14, T. 50, when a meeting, as defined in the law, is to be held in closed session. Minutes available to the public are limited to the reasons for closure, the names of the members present, and the names of those voting for closure. 1988 Op. Att'y Gen. No. U88-30.
Closure of meetings held by Drug Utilization Review Board.
- Drug Utilization Review Board may close the Board's meetings in accordance with the procedures outlined in O.C.G.A. § 50-14-4. That being said, it is up to the Department of Community Health to make the decision regarding whether to close any Board meeting. The decision to close a meeting, however, must be made on a case-by-case basis and supported both by the facts of the particular situation and the affidavit of the presiding officer justifying the closure. 2010 Op. Att'y Gen. No. U10-1.
RESEARCH REFERENCES
ALR.
- Emergency exception under state law making proceedings by public bodies open to the public, 33 A.L.R.5th 731.