The State Transportation Board held two meetings in recent weeks without notifying the public or even all of its own members.
Some board members held a telephone conference on March 23 and met on Tuesday of this week to talk over a personnel matter. But several members complained they were not notified and learned of the discussions after the fact.
The discussions may violate Georgia’s Open Meetings Act, which requires notice of public meetings.
VIDEO: In other Transportation news
The issue sparked a contentious discussion at a board committee meeting in Macon on Wednesday. Board member Mark Burkhalter questioned why he and three other colleagues had not been invited to participate.
Later Wednesday and Thursday, the full board met behind closed doors again about the personnel matter. It was unclear what personnel matter is involved, though Georgia Department of Transportation Commissioner Russell McMurry – who reports to the board – was called into both closed sessions.
The 14-member board oversees GDOT and its nearly $2 billion annual budget. Its monthly meetings are usually congenial, sleepy affairs at which members discuss and approve various road construction projects.
Chairman Jamie Boswell said Wednesday he had intended to discuss the personnel matter with board members individually. And he said there was no quorum at either meeting. That prompted a sharp response from Burkhalter and others who were not invited.
“The Open Meetings Act of Georgia specifically says, if you invite a majority of the board, that constitutes a meeting, whether you had a quorum or not,” Burkhalter said. “We have to be very mindful of that. I know the attorney general would be mindful of it.”
Under Georgia law, a public body can meet behind closed doors to discuss personnel issues and other matters exempt from public disclosure. But the law requires public notice of the meeting. The law also requires minutes of closed sessions to be recorded, though Boswell said there were no minutes of the meetings in question.
At Thursday’s meeting, Boswell read a statement meant to address concerns about the unpublicized gatherings.
“Yesterday, several members expressed concern that there had been a meeting or discussion about a personnel matter that had not been brought to the attention of all of our members,” he said. “I want to assure everyone that no actions were taken or decisions were made as part of any discussions that were had.
“As chairman, personnel issues are sometimes brought to my attention first,” he said. “In this case, I made an effort to gather information prior to bringing it before the entire board. I contacted several members who had previous experience and insight into this issue to gather information so that the full board could then fully consider the issue.”
Burkhalter and other members declined to elaborate on their concerns. But board member Dana Lemon – who was not invited to the disputed meetings – told The Atlanta Journal-Constitution she’s satisfied that the incident won’t be repeated.
About the Author
