Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448No vote in executive session to acquire, dispose of, or lease real estate, or to settle litigation, claims, or administrative proceedings, shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the property and the terms of the acquisition, disposal, or lease are disclosed before the vote or where the parties and principal settlement terms are disclosed before the vote;
(Code 1981, §50-14-3, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1992, p. 1061, § 3; Ga. L. 1997, p. 44, § 2; Ga. L. 2003, p. 880, § 1; Ga. L. 2006, p. 560, § 4/SB 462; Ga. L. 2012, p. 218, § 1/HB 397.)
The 2012 amendment, effective April 17, 2012, rewrote this Code section.
- Pursuant to Code Section 28-9-5, in 1992, "paragraph" was substituted for "subsection" in paragraph (6).
- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992).
There is no exception for pending criminal investigations. Kilgore v. R.W. Page Corp., 261 Ga. 410, 405 S.E.2d 655 (1991).
- O.C.G.A. Ch. 14, T. 50 is not applicable when the dismissal of a public officer is under consideration. Brennan v. Chatham County Comm'rs, 209 Ga. App. 177, 433 S.E.2d 597 (1993).
Coroner does not constitute a "law enforcement agency" within the meaning of O.C.G.A. § 50-14-3(3). Kilgore v. R.W. Page Corp., 261 Ga. 410, 405 S.E.2d 655 (1991).
- When the county commission discussed an employee's job performance at meetings and did not take any vote or other official action on the employee's employment, the commission did not violate the Open Meetings Law, O.C.G.A. Ch. 14, T. 50. Camden County v. Haddock, 271 Ga. 664, 523 S.E.2d 291 (1999).
Open Meetings Law, O.C.G.A. Ch. 14, T. 50, applied to a meeting of county commissioners called to determine whether a deputy warden of a corrections institute would continue to be employed because the board acted pursuant to a letter from the DOC, which was clearly considered because it was the stated basis for the warden's termination. Moon v. Terrell County, 249 Ga. App. 567, 548 S.E.2d 680 (2001).
- County equalization board held an open meeting to take evidence on the disputed tax assessment value of property but then violated the Georgia Open Meetings Act, O.C.G.A. § 50-14-3, when the board closed the meeting and deliberated and voted in private. Bryan County Bd. of Equalization v. Bryan County Bd. of Tax Assessors, 253 Ga. App. 831, 560 S.E.2d 719 (2002), cert. denied, 537 U.S. 1190, 123 S. Ct. 1260, 154 L. Ed. 2d 1023 (2003).
- In a firefighter's suit against a city and officials alleging violation of the Open Meetings Act, O.C.G.A. § 50-14-1, et seq., summary judgment under O.C.G.A. § 50-14-1(b) was proper as to three officials appointed more than 90 days before the firefighter's suit was filed; as to a fourth official, as to whom suit was timely, because the city failed to hold any public vote on the official's interim position, summary judgment was improper. Martin v. City of College Park, 342 Ga. App. 289, 802 S.E.2d 292 (2017).
- Trial court did not err in dismissing the citizens' action alleging that a county board of commissioners violated the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq., by voting in closed meetings to pursue the acquisition of land because the complaint failed to aver any violation of the Act; because the exception to the open meetings requirement, O.C.G.A. § 50-14-3(4), does not specifically provide that a vote on the excepted issue must be taken in public, a vote can be taken in closed session. Johnson v. Bd. of Comm'rs, 302 Ga. App. 266, 690 S.E.2d 912 (2010).
Cited in Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980); Saleem v. Snow, 217 Ga. App. 883, 460 S.E.2d 104 (1995); Wiggins v. Bd. of Comm'rs, 258 Ga. App. 666, 574 S.E.2d 874 (2002); City of Baldwin v. Woodard & Curran, Inc., 293 Ga. 19, 743 S.E.2d 381 (2013).
- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1972, p. 575, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section (decided under former Ga. L. 1972, p. 575).
Applicability of O.C.G.A. Ch. 14, T. 50. - Provisions on open and public meetings was not meant to apply and does not apply to every governmental entity. 1979 Op. Att'y Gen. No. 79-25.
Provisions on open and public meetings did not apply to entities within the judicial branch of state government as nothing in the law contradicted this conclusion; the law contained no reference to the judicial branch, any of its parts, or any judicial function. 1979 Op. Att'y Gen. No. 79-25 (decided under former Ga. L. 1972, p. 575).
- There is no statutory provision in O.C.G.A. § 50-14-3 or the Georgia Administrative Procedure Act, O.C.G.A. Ch. 13, T. 50, which would authorize the State Ethics Commission to deliberate in closed session after hearing evidence in a contested case. 1989 Op. Att'y Gen. No. 89-6.
- Provisions on open and public meetings did not apply to Board of Court Reporting or any other agency of the judicial branch of government. 1979 Op. Att'y Gen. No. 79-25 (decided under former Ga. L. 1972, p. 575).
Advisory Committee on Area Planning and Development is subject to Georgia's Open Meetings Law, O.C.G.A. Ch. 14, T. 50. 1985 Op. Att'y Gen. No. U85-42 (decided under former Ga. L. 1972, p. 575).
- Portion of Subsequent Injury Trust Fund Board meetings in which the medical and rehabilitation records of an individual are discussed are not subject to the Open Meetings Law, O.C.G.A. Ch. 14, T. 50. 1991 Op. Att'y Gen. No. 91-8.
Portions of the Subsequent Injury Trust Fund Board meetings in which personnel matters are discussed are not subject to the Open Meetings Law, O.C.G.A. Ch. 14, T. 50, unless the board is conducting an evidentiary hearing or entertaining argument in a disciplinary proceeding. 1991 Op. Att'y Gen. 91-8.
- Prior public notice that a portion of a properly advertised open meeting will be closed is not required. 1998 Op. Att'y Gen. No. U98-3.
- Portions of the official meeting may be closed or conducted in "executive" sessions under specific circumstances if the proper procedures are followed. 1998 Op. Att'y Gen. No. U98-3.
There is no limitation on who may be invited into executive sessions. 1998 Op. Att'y Gen. No. U98-3.
County board can discuss or deliberate on the appointment of a county attorney, county physician, or county administrator in closed session, but must vote on the appointment in public. 1998 Op. Att'y Gen. No. U98-3.
Provisions as to executive sessions apply to cities and to public hospital authorities when those entities are conducting "strategic planning sessions." 1998 Op. Att'y Gen. No. U98-3.
There are no requirements regarding the taking of minutes of proceedings in an executive session. 1998 Op. Att'y Gen. No. U98-3.
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2018-08-27
Citation: 818 S.E.2d 620, 304 Ga. 488
Snippet: appointment of a public officer or employee, see OCGA § 50-14-3 (b) (2), Martin had "demonstrated a legal and evidentiary
Court: Supreme Court of Georgia | Date Filed: 2013-05-20
Citation: 293 Ga. 19, 743 S.E.2d 381, 2013 Fulton County D. Rep. 1551, 2013 WL 2150827, 2013 Ga. LEXIS 441
Snippet: public after due notice “shall not be binding”); § 50-14-3 (b) (same for votes on matters initially allowed
Court: Supreme Court of Georgia | Date Filed: 1999-10-18
Citation: 523 S.E.2d 291, 271 Ga. 664, 99 Fulton County D. Rep. 3778, 1999 Ga. LEXIS 787
Snippet: provided in employee handbook). [9] See OCGA § 50-14-3(6) (excluding meetings where disciplinary action
Court: Supreme Court of Georgia | Date Filed: 1991-07-03
Citation: 405 S.E.2d 655, 261 Ga. 410, 19 Media L. Rep. (BNA) 1063, 1991 Ga. LEXIS 340
Snippet: inquest falls within an exception enumerated in § 50-14-3. 1. Contrary to Kilgore's argument, we conclude
Court: Supreme Court of Georgia | Date Filed: 1989-04-25
Citation: 378 S.E.2d 305, 259 Ga. 214, 17 Media L. Rep. (BNA) 1670, 1989 Ga. LEXIS 184
Snippet: reference to the open meetings law. OCGA § 50-14-3 (6). OCGA § 50-14-3 (6) excludes from the open meetings requirement