June 20, 2006

Honorable Joe Macon, Mayor

East Point City Council

2777 East Point Street

East Point, GA 30344

VIA FACSIMILE (404) 765-6723

Dear Mayor Macon:

The Georgia First Amendment Foundation is a non-profit organization that seeks to advance the cause of open government and monitors freedom of information issues throughout the state. This is to express our concern regarding your possible failure to comply with the mandates of Georgia’s open meetings act, that the general rule is openness and exemptions from disclosure must be narrowly construed. See Kilgore v. R.W. Page Corp., 261 Ga. 410, 411 (1991).

It was brought to our attention that the East Point City Council may have improperly closed meetings, claiming that the attorney client privilege applies. The city’s action may be contrary to the decisions of the courts of our state, as well as contrary to public policy. As you know, public meetings can be closed only when there is “a realistic and tangible threat” of legal action. See O.C.G.A. § 50-14-2; Claxton Enterprises v. Evans County Board of Commissioners, 249 Ga. App. 870, 874 (2001).

I have enclosed a copy of “Georgia’s Sunshine Laws: A Citizen’s Guide to Open Government,” 3^rd edition, which discusses the Open Meetings Act as well as other open government issues pertinent to your work. Similarly, this foundation would be pleased to visit with you and conduct a workshop on the mechanics of both the Open Meetings and Open Records laws.

We would appreciation an explanation from you as to what will be done to remedy any violations that go against the interests of the public. Thank you.

Sincerely,

Hollie Manheimer

Executive Director

Enclosure

cc: Nina Hickson, Esq., City Attorney