August 31, 1999



Jere Wood, Mayor
City of Roswell
Roswell City Hall
38 Hill Street
Roswell, GA 30075

Dear Mayor Wood:

     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 and disappointment over recent comments by the Roswell City Council regarding the Georgia Open Meetings Act, O.C.G.A. 50-14-1 et seq.

     The language of the Open Meetings Act is clear and unambiguous: the presumption is that all meetings of public agencies "shall be open to the public."  O.C.G.A. 50-14-1(b)(emphasis aded).  This wording is not discretionary or optional; it is not something that can be disregarded at an agency's whim.  It is binding Georgia law that imposes a mandatory obligation to open agency meetings -- including committee meetings -- to the public.

     We understand that this obligation may be on some occasions seem burdensome to you.  The fact that you may find this Act to be inconvenient or bothersome, however, is not a valid reason to ignore it.  As the Supreme Court has stated:

We are mindful that openness in sensitive proceedings is sometimes unpleasant, difficult, and occasionally harmful.  Nevertheless, the policy of this state is that the public's business must be open, not only to protect against potential abuse, but also to maintain the public's confidence in its officials.

Red and Black Publishing Co. v. Board of Regents, 262 Ga. 848, 854 (1993) (emphasis added).  See also Steele v. Honea, 261 Ga. 644 (1991) (Fletcher, J., concurring) ("... if there is the slightest doubt, or any question whatsoever, as to whether a matter can be the subject of a closed meeting, DO NOT CLOSE.").

      An open and accessible government is a paramount virtue of our democratic system, and the Open Meetings Act is a critical tool for achieving this ideal.  The failure to comply with the Act will only lower the public's esteem of its government and raise concerns over its secret inner-workings.  The fact that this secrecy results from a decision to ignore binding legal authority makes it all the more troubling.

     We further question the message that your noncompliance will send to the public at large as they contemplate their own behavior.  If the public sees that their local lawmakers are willing willfully to violate the laws of this State, they may very well feel less obligated to follow those laws that they themselves feel inconvenient.  Although we are certain that this is not the result you intend, it remains a very real possibility nonetheless.

     Thank you in advance for your attention to these very important matters.

                                                   Sincerely,



                                                   Hollie Manheimer
                                                   Executive Director

cc:  GFAF Board of Directors