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2018 Georgia Code 50-14-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 50-14-2 Case Law from Google Scholar Amendments to OCGA 50-14-2

TITLE 50 STATE GOVERNMENT

Section 14. Open and Public Meetings, 50-14-1 through 50-14-6.

ARTICLE 2 OFFICE OF STATE ADMINISTRATIVE HEARINGS

50-14-2. Certain privileges not repealed.

This chapter shall not be construed so as to repeal in any way:

  1. The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and
  2. Those tax matters which are otherwise made confidential by state law.

(Code 1981, §50-14-2, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 2012, p. 218, § 1/HB 397.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, the subsection designation "(a)" was deleted since this Code section contains no subsection (b).

Editor's notes.

- Ga. L. 2012, p. 218, § 1/HB 397, effective April 17, 2012, reenacted this Code section without change.

Law reviews.

- For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).

JUDICIAL DECISIONS

Attorney-client exception.

- Closed meeting of the board of county commissioners with the county attorney about zoning litigation came within the attorney-client exception of O.C.G.A. § 50-14-2. Schoen v. Cherokee County, 242 Ga. App. 501, 530 S.E.2d 226 (2000).

Meeting may not be closed to discuss potential litigation under the attorney-client exception unless the governmental entity can show a realistic and tangible threat of legal action against it or its officer or employee. The threat must go beyond a mere fear or suspicion of being sued. Claxton Enter. v. Evans County Bd. of Comm'rs, 249 Ga. App. 870, 549 S.E.2d 830 (2001).

Grand jury presentments questioning the propriety of certain policies of county commissioners did not amount to pending or potential litigation so the attorney-client privilege did not apply to a meeting conducted to fashion a response to the presentments, and the commissioners violated O.C.G.A. § 50-14-1(b) by conducting an executive session concerning the presentments. Decatur County v. Bainbridge Post Searchlight, Inc., 280 Ga. 706, 632 S.E.2d 113 (2006).

Cited in Mullis Tree Serv. v. Bibb County, 828 F. Supp. 53 (M.D. Ga. 1993).

RESEARCH REFERENCES

ALR.

- Attorney-client exception under state law making proceedings by public bodies open to the public, 34 A.L.R.5th 591.

Cases Citing Georgia Code 50-14-2 From Courtlistener.com

Total Results: 2

Decatur County v. Bainbridge Post Searchlight, Inc.

Court: Supreme Court of Georgia | Date Filed: 2006-07-06

Citation: 632 S.E.2d 113, 280 Ga. 706, 2006 Fulton County D. Rep. 2191, 34 Media L. Rep. (BNA) 2468, 2006 Ga. LEXIS 468

Snippet: employee may be directly involved .... OCGA § 50-14-2 (1). The Commissioners contend that the trial court

Local Division 732 v. Metropolitan Atlanta Rapid Transit Authority

Court: Supreme Court of Georgia | Date Filed: 1983-05-11

Citation: 303 S.E.2d 1, 251 Ga. 15, 1983 Ga. LEXIS 686, 114 L.R.R.M. (BNA) 3628

Snippet: protect the attorney-client privilege. OCGA § 50-14-2 (Code Ann. § 40-3303). In addition, at the time