The state attorney general’s office says four Fulton County commissioners broke the open meetings law when they presided over a room full of residents railing against GOP efforts to reshape the county government.
But the state won’t seek fines if they’ll fess up and promise not to do it again, according to correspondence obtained by The Atlanta Journal-Constitution and Channel 2 Action News.
Whether they will comply remains to be seen. Commissioner Bill Edwards — one of the four — said that if the county attorney advises him to go along, “I would take that into consideration.”
In February, Edwards and commissioners Emma Darnell, Joan Garner and Robb Pitts all showed up at a town hall meeting at a west Atlanta senior center and sat at tables at the front of the room, along with Interim County Manager David Ware. Darnell hosted the forum to raise awareness about several bills introduced by north Fulton’s state lawmakers, most of which passed during the legislative session and are awaiting Gov. Nathan Deal’s signature.
North Fulton Commissioner Liz Hausmann later raised questions about whether they formed a quorum at a meeting that was publicized through press releases, but not formally advertised as an official commission meeting as the law requires. Hausmann asked the four to report their violation to the state to avoid action against the board, but they refused.
That refusal is included on a list of missteps that Assistant Attorney General Kelly Campanella wants them to admit. She wants the four to sign a memorandum of understanding saying that next time they will either have one commissioner leave, or will avoid discussing public business or giving the appearance of presiding over the meeting.
The commissioners involved have bristled at the accusation, saying the public was well-aware of the meeting and nothing happened in secret. The forum was even filmed by Fulton Government Television.
Interim County Attorney Larry Ramsey has conceded that a technical violation occurred, but he called it “accidental.” He said in an email Wednesday that he could not answer questions about what he will advise the officials to do.
Under Georgia law, Attorney General Sam Olens enforces sunshine law compliance and can prosecute alleged infractions. First-time violations are punishable by fines of up to $1,000.
Campanella’s proposed agreement says the four would be considered first-time offenders, and if they break the law again within the next year, they could be fined up to $2,500.
Olens spokeswoman Lauren Kane said negotiations are ongoing and she could not comment on what the state might do if the commissioners refuse.
Pitts said Ramsey may seek to adjust some of the language in the statement. He called the whole affair “silly.”
“I obviously will abide by whatever the law is,” Pitts said, “but I think this whole situation is much ado about nothing.”
Darnell and Garner did not return messages seeking comment.
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