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Call Now: 904-383-7448Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this chapter against any person who negligently violates the terms of this chapter in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date that the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions.
(Code 1981, §50-14-6, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 2012, p. 218, § 1/HB 397.)
The 2012 amendment, effective April 17, 2012, substituted "$1,000.00" for "$500.00" at the end of the first sentence and added the second through fourth sentences.
- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012).
- Portion of a citizen's complaint seeking to impose criminal liability on city council members for the members' violation of the Open Meetings Act, O.C.G.A. § 50-14-1(e)(2), was properly dismissed because the citizen lacked standing to initiate criminal prosecution; at most, only the Act, O.C.G.A. § 50-14-6, is subject to a strict construction. Cardinale v. City of Atlanta, 290 Ga. 521, 722 S.E.2d 732 (2012).
- City councilmembers' claims against a mayor under the Open Meetings Act for a civil penalty under O.C.G.A. § 50-14-6 were subject to dismissal because the complaint only named the mayor in the mayor's official capacity; § 50-14-6 recognized that decisions to comply with the Act were made by individuals, or "persons". The claim for attorney's fees, O.C.G.A. § 15-14-5(b), was in essence against the city and was not subject to dismissal. Lue v. Eady, 297 Ga. 321, 773 S.E.2d 679 (2015).
- Trial court erred in dismissing an action by the taxpayers alleging violations of the Open Meetings Act, O.C.G.A. § 50-14-1, et seq., by a local airport authority in planning and submitting an FAA application because the limitation period in O.C.G.A. § 50-14-1(b)(2) pertained only to suits to invalidate public agency actions, and the taxpayers sought only declaratory relief, injunctive relief, attorney fees, and civil penalties. Avery v. Paulding County Airport Auth., 343 Ga. App. 832, 808 S.E.2d 15 (2017).
- 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, and remand was required for a determination of relief under O.C.G.A. §§ 50-14-5 and50-14-6. Martin v. City of College Park, 342 Ga. App. 289, 802 S.E.2d 292 (2017).
Cited in Wiggins v. Bd. of Comm'rs, 258 Ga. App. 666, 574 S.E.2d 874 (2002); Heiskell v. Roberts, 342 Ga. App. 109, 802 S.E.2d 385 (2017).
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