OPEN MEETINGS ACT

The Georgia Open Meetings Act was amended in 2012. The latest version, enacted in March 2012, is below. An earlier version of the act follows.

O.C.G.A. § 50-14-1

GEORGIA CODE
Copyright 2012 by The State of Georgia
All rights reserved.

The Open Meetings Act

50-14-1.

(a) As used in this chapter, the term:

(1) ‘Agency’ means:

(A) Every state department, agency, board, bureau, office, commission, public

corporation, and authority,

(B) Every county, municipal corporation, school district, or other political subdivision of this

state;

each such county, municipal corporation, or other political subdivision of the state;

(D) Every city, county, regional, or other authority established pursuant to the laws of this state;

and

(E) Any nonprofit organization to which there is a direct allocation of tax funds made by

the governing body of any agency as defined in this paragraph which constitutes more

than 33 1/3 percent of the funds from all sources of such organization; provided, however,

that this subparagraph shall not include hospitals, nursing homes, dispensers of

pharmaceutical products, or any other type organization, person, or firm furnishing

medical or health services to a citizen for which they receive reimbursement from the state

whether directly or indirectly; nor shall this term include a subagency or affiliate of such a

nonprofit organization from or through which the allocation of tax funds is made.

(2) ‘Executive session’ means a portion of a meeting lawfully closed to the public.

(3)(A) ‘Meeting’ means:

(i) The gathering of a quorum of the members of the governing body of an agency at

which any official business, policy, or public matter of the agency is formulated,

presented, discussed, or voted upon; or

(ii) The gathering of a quorum of any committee of the members of the governing

body of an agency or a quorum of any committee created by the governing body at

which any official business, policy, or public matter of the committee is formulated,

presented, discussed, or voted upon.

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(B) ‘Meeting’ shall not include:

(i) The gathering of a quorum of the members of a governing body or committee for

the purpose of making inspections of physical facilities or property under the

jurisdiction of such agency at which no other official business of the agency is to be

discussed or official action is to be taken;

(ii) The gathering of a quorum of the members of a governing body or committee for

the purpose of attending state-wide, multijurisdictional, or regional meetings to

participate in seminars or courses of training on matters related to the purpose of the

agency or to receive or discuss information on matters related to the purpose of the

agency at which no official action is to be taken by the members;

(iii) The gathering of a quorum of the members of a governing body or committee for

the purpose of meeting with officials of the legislative or executive branches of the

state or federal government at state or federal offices and at which no official action is

to be taken by the members;

(iv) The gathering of a quorum of the members of a governing body of an agency for

the purpose of traveling to a meeting or gathering as otherwise authorized by this

subsection so long as no official business, policy, or public matter is formulated,

presented, discussed, or voted upon by the quorum; or

(v) The gathering of a quorum of the members of a governing body of an agency at

social, ceremonial, civic, or religious events so long as no official business, policy, or

public matter is formulated, presented, discussed, or voted upon by the quorum.

This subparagraph’s exclusions from the definition of the term ‘meeting’ shall not apply if

it is shown that the primary purpose of the gathering or gatherings is to evade or avoid

the requirements for conducting a meeting while discussing or conducting official business.

(b)(1) Except as otherwise provided by law, all meetings shall be open to the public. All votes at

any meeting shall be taken in public after due notice of the meeting and compliance

with the posting and agenda requirements of this chapter.

(2) Any resolution, rule, regulation, ordinance, or other official action of an agency adopted,

taken, or made at a meeting which is not open to the public as required by this chapter shall

not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other

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formal action of an agency based on an alleged violation of this provision shall be

commenced within 90 days o f the date such contested action was taken or, if the meeting was

held in a manner not permitted by law, within 90 days from the date the party alleging the

violation knew or should have known about the alleged violation so long as such date is

not more than six months after the date the contested action was taken.

(3) Notwithstanding the provisions of paragraph (2) of this subsection, any action under this

chapter contesting a zoning decision of a local governing authority shall be

commenced within the time allowed by law for appeal of such zoning decision.

pursuant to subsection (b) of this Code section. Visual and sound recording during open

meetings shall be permitted.

(d)(1) Every agency subject to this chapter shall prescribe the time, place, and dates of regular

meetings of the agency. Such information shall be available to the general public and a notice

containing such information shall be posted at least one week in advance and maintained in a

conspicuous place available to the public at the regular place of an agency or committee

meeting subject to this chapter as well as on the agency’s website, if any. Meetings shall be

held in accordance with a regular schedule, but nothing in this subsection shall preclude an

agency from canceling or postponing any regularly scheduled meeting.

(2) For any meeting, other than a regularly scheduled meeting of the agency for which notice

has already been provided pursuant to this chapter, written or oral notice shall be given at

least 24 hours in advance of the meeting to the legal organ in which notices of sheriffs sales

are published in the county where regular meetings are held or at the option of the agency to a

newspaper having a general circulation in such county at least equal to that of the legal

organ; provided, however, that, in counties where the legal organ is published less often than

four times weekly, sufficient notice shall be the posting of a written notice for at least 24

hours at the place of regular meetings and, upon written request from any local broadcast

or print media outlet whose place of business and physical facilities are located in the

county, notice by telephone, facsimile, or e-mail to that requesting media outlet at least 24

hours in advance of the called meeting. Whenever notice is given to a legal organ or other

newspaper, that publication shall immediately or as soon as practicable make the information

available upon inquiry to any member of the public. Upon written request from any local

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broadcast or print media outlet, a copy of the meeting’s agenda shall be provided by

facsimile, e-mail, or mail through a self-addressed, stamped envelope provided by the

requestor.

(3) When special circumstances occur and are so declared by an agency, that agency may hold

a meeting with less than 24 hours’ notice upon giving such notice of the meeting and subjects

expected to be considered at the meeting as is reasonable under the circumstances,

including notice to the county legal organ or a news paper having a general circulation in the

county at least equal to that of the legal organ, in which event the reason for holding the

meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Such

reasonable notice shall also include, upon written request within the previous calendar year

from any local broadcast or print media outlet whose place of business and physical facilities

are located in the county, notice by telephone, facsimile, or e-mail to that requesting media

outlet.

(e)(1) Prior to any meeting, the agency or committee holding such meeting shall make available

an agenda of all matters expected to come before the agency or committee at such meeting.

The agenda shall be available upon request and shall be posted at the meeting site as far in

advance of the meeting as reasonably possible, but shall not be required to be available more

than two weeks prior to the meeting and shall be posted, at a minimum, at some time

during the two-week period immediately prior to the meeting. Failure to include on the

agenda an item which becomes necessary to address during the course of a meeting shall not

preclude considering and acting upon such item.

(2)(A) A summary of the subjects acted on and those members present at a meeting of any

agency shall be written and made available to the public for inspection within two

business days of the adjournment of a meeting.

(B) The regular minutes of a meeting subject to this chapter shall he promptly recorded

and such records shall be open to public inspection once approved as official by the

agency or its committee, but in no case later than immediately following its next regular

meeting; provided, however, that nothing contained in this chapter shall prohibit the

earlier release of minutes, whether approved by the agency or not Such minutes shall, at a

minimum, include the names of the members present at the meeting, a description of

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each motion or other proposal made, the identity of the persons making and

seconding the motion or other proposal, and a record of all votes. The name of each

person voting for or against a proposal shall be recorded. It shall be presumed that the

action taken was approved by each person in attendance unless the minutes reflect the

name of the persons voting against the proposal or abstaining.

public. Such minutes shall specify each issue discussed in executive session by the

agency or committee. In the case of executive sessions where matters subject to the

attorney-client privilege are discussed, the fact that an attorney-client discussion

occurred and its subject shall be identified, but the substance of the discussion need not be

recorded and shall not be identified in the minutes. Such minutes shall be kept and

preserved for in camera inspection by an appropriate court should a dispute arise as to the

propriety of any executive session.

(f) An agency with state-wide jurisdiction or committee of such an agency shall be authorized to

conduct meetings by teleconference, provided that any such meeting is conducted in compliance

with this chapter.

(g) Under circumstances necessitated by emergency conditions involving public safety or the

preservation of property or public services, agencies or committees thereof not otherwise

permitted by subsection (f) of this Code section to conduct meetings by teleconference may meet

by means of teleconference so long as the notice required by this chapter is provided and means

are afforded for the public to have simultaneous access to the teleconference meeting. On any

other occasion of the meeting of an agency or committee thereof, and so long as a quorum is

present in person, a member may participate by teleconference if necessary due to reasons of

health or absence from the jurisdiction so long as the other requirements of this chapter are met.

Absent emergency conditions or the written opinion of a physician or other health professional

that reasons of health prevent a member’s physical presence, no member shall participate by

teleconference pursuant to this subsection more than twice in one calendar year.

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50-14-2.

This chapter shall not be construed so as to repeal in any way:

(1) The attorney-client privilege recognized by state law to the extent that a meeting

otherwise required to be open to the public under this chapter may be closed in order to

consult and meet with legal counsel pertaining to pending or potential litigation,

settlement, claims, administrative proceedings, or other judicial actions brought or to be

brought by or against the agency or any officer or employee or in which the agency or any

officer or employee may be directly involved; provided, however, the meeting may not be

closed for advice or consultation on whether to close a meeting; and

(2) Those tax matters which are otherwise made confidential by state law.

50-14-3.

(a) This chapter shall not apply to the following:

(1) Staff meetings held for investigative purposes under duties or responsibilities

imposed by law;

(2) The deliberations and voting of the State Board of Pardons and Paroles; and in

addition such board may close a meeting held for the purpose of receiving information or

evidence for or against clemency or in revocation proceedings if it determines that the receipt

of such information or evidence in open meeting would present a substantial risk of harm or

injury to a witness;

(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement or

prosecutorial agency in the state, including grand jury meetings;

(4) Adoptions and proceedings related thereto;

(5) Gatherings involving an agency and one or more neutral third parties in mediation of a

dispute between the agency and any other party. In such a gathering, the neutral party

may caucus jointly or independently with the parties to the mediation to facilitate a

resolution to the conflict, and any such caucus shall not be subject to the requirements of this

chapter. Any decision or resolution agreed to by an agency at any such caucus shall not

become effective until ratified in a public meeting and the terms of any such decision or

resolution are disclosed to the public. Any final settlement agreement, memorandum of

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agreement, memorandum of understanding, or other similar document, however

denominated, in which an agency has formally resolved a claim or dispute shall be subject to

the provisions of Article 4 of Chapter 18 of this title;

(6) Meetings:

(A) Of any medical staff committee of a public hospital;

(B) Of the governing authority of a public hospital or any committee thereof when

performing a peer review or medical review function as set forth in Code Section

31-7-15, Articles 6 and 6A of Chapter 7 of Title 31, or under any other applicable

federal or state statute or regulation; and

granting, restriction, or revocation of staff privileges or the granting of abortions under

state or federal law is discussed, considered, or voted upon;

(7) Incidental conversation unrelated to the business of the agency; or (8) E-mail

communications among members of an agency; provided, however, that such

communications shall be subject to disclosure pursuant to Article 4 of Chapter 18 of this title.

(b) Subject to compliance with the other provisions of this chapter, executive sessions shall be

permitted for:

(1) Meetings when any agency is discussing or voting to:

(A) Authorize the settlement of any matter which may be properly discussed in executive

session in accordance with paragraph (1) of Code Section 50-14-2;

(B) Authorize negotiations to purchase, dispose of or lease property;

estate;

(D) Enter into a contract to purchase, dispose of, or lease property subject to approval in a

subsequent public vote; or

(E) Enter into an option to purchase, dispose of, or lease real estate subject to approval in

subsequent public vote.

No vote in executive session to acquire, dispose of, or lease real estate, or to settle

litigation, claims, or administrative proceedings, shall be binding on an agency until a

subsequent vote is taken in an open meeting where the identity of the property and the terms

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of the acquisition, disposal, or lease are disclosed before the vote or where the parties and

principal settlement terms are disclosed before the vote;

(2) Meetings when discussing or deliberating upon the appointment, employment,

compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a

public officer or employee or interviewing applicants for the position of the executive head

of an agency. This exception shall not apply to the receipt of evidence or when hearing

argument on personnel matters, including whether to impose disciplinary action or dismiss a

public officer or employee or when considering or discussing matters of policy regarding

the employment or hiring practices of the agency. The vote on any matter covered by this

paragraph shall be taken in public and minutes of the meeting as provided in this chapter

shall be made available. Meetings by an agency to discuss or take action on the filling of a

vacancy in the membership of the agency itself shall at all times be open to the public as

provided in this chapter;

(3) Meetings of the board of trustees or the investment committee of any public

retirement system created by or subject to Title 47 when such board or committee is

discussing matters pertaining to investment securities trading or investment portfolio

positions and composition; and (4) Portions of meetings during which that portion of a record

made exempt from public inspection or disclosure pursuant to Article 4 of Chapter 18 of this

title is to be considered by an agency and there are no reasonable means by which the agency

can consider the record without disclosing the exempt portions if the meeting were not

closed.

50-14-4.

(a) When any meeting of an agency is closed to the public pursuant to any provision of this

chapter, the specific reasons for such closure shall be entered upon the official minutes, the

meeting shall not be closed to the public except by a majority vote of a quorum present for the

meeting, the minutes shall reflect the names of the members present and the names of those

voting for closure, and that part of the minutes shall be made available to the public as any other

minutes. Where a meeting of an agency is devoted in part to matters within the exceptions

provided by law, any portion of the meeting not subject to any such exception, privilege, or

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confidentiality shall be open to the public, and the minutes of such portions not subject to any

such exception shall be taken, recorded, and open to public inspection as provided in subsection

(e) of Code Section 50-14-1.

(b)(1) When any meeting of an agency is closed to the public pursuant to subsection (a) of this

Code section, the person presiding over such meeting or, if the agency’s policy so provides,

each member of the governing body of the agency attending such meeting, shall execute and

file with the official minutes of the meeting a notarized affidavit stating under oath that

the subject matter of the meeting or the closed portion thereof was devoted to matters

within the exceptions provided by law and identifying the specific relevant exception.

(2) In the event that one or more persons in an executive session initiates a discussion that

is not authorized pursuant to Code Section 50-14-3, the presiding officer shall immediately

rule the discussion out of order and all present shall cease the questioned conversation. If one

or more persons continue or attempt to continue the discussion after being ruled out of order,

the presiding officer shall immediately adjourn the executive session.

50-14-5.

(a) The superior courts of this state shall have jurisdiction to enforce compliance with the

provisions o f this chapter, including the power to grant injunctions or other equitable relief. In

addition to any action that may be brought by any person, firm, corporation, or other entity, the

Attorney General shall have authority to bring enforcement actions, either civil or Griming, in his

or her discretion as may be appropriate to enforce compliance with this chapter.

(b) In any action brought to enforce the provisions of this chapter in which the court determines

that an agency acted without substantial justification in not complying with this chapter, the court

shall, unless it finds that special circumstances exist, assess in favor of the complaining party

reasonable attorney’s fees and other litigation costs reasonably incurred. Whether the position of

the complaining party was substantially justified shall be determined on the basis of the record

as a whole which is made in the proceeding for which fees and other expenses are sought.

requirements of this chapter shall not be liable in any action on account of having provided access

to such information.

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50-14-6.

Any 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.’

Following is an earlier version of the act.

O.C.G.A. § 50-14-1

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-1 (2007)

§ 50-14-1. Meetings to be open to public; limitation on action to contest agency action; recording; notice of time and place; access to minutes; telecommunications conferences

(a) As used in this chapter, the term:

(1) ”Agency” means:

(A) Every state department, agency, board, bureau, commission, public corporation, and authority;

(B) Every county, municipal corporation, school district, or other political subdivision of this state;

(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;

(D) Every city, county, regional, or other authority established pursuant to the laws of this state; and

(E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made.

(2) ”Meeting” means the gathering of a quorum of the members of the governing body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which any public matter, official business, or policy of the agency is to be discussed or presented or at which official action is to be taken or, in the case of a committee, recommendations on any public matter, official business, or policy to the governing body are to be formulated, presented, or discussed. The assembling together of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final official action is to be taken shall not be deemed a “meeting.”

(b) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must be commenced within 90 days of the date such contested action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision.

(c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted.

(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. “Due notice” shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff’s sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ; provided, however, that in counties where the legal organ is published less often than four times weekly “due notice” shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or facsimile to that requesting media outlet at least 24 hours in advance of the called meeting. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours’ notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone.
(e)(1) Prior to any meeting, the agency holding such meeting shall make available an agenda of all matters expected to come before the agency at such meeting. The agenda shall be available upon request and shall be posted at the meeting site, as far in advance of the meeting as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting and shall be posted, at a minimum, at some time during the two-week period immediately prior to the meeting. Failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item.

(2) A summary of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes. In the case of a roll-call vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining.

(f) An agency with state-wide jurisdiction shall be authorized to conduct meetings by telecommunications conference, provided that any such meeting is conducted in compliance with this chapter.

HISTORY: Code 1981, § 50-14-1, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1992, p. 1061, §§ 1, 2; Ga. L. 1993, p. 784, § 1; Ga. L. 1999, p. 549, §§ 1, 2.

O.C.G.A. § 50-14-2

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-2 (2007)

§ 50-14-2. Certain privileges not repealed

This chapter shall not be construed so as to repeal in any way:

(1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and

(2) Those tax matters which are otherwise made confidential by state law.

HISTORY: Code 1981, § 50-14-2, enacted by Ga. L. 1988, p. 235, § 1.

O.C.G.A. § 50-14-3

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-3 (2007)

§ 50-14-3. Excluded proceedings

This chapter shall not apply to the following:

(1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law;

(2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the receipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness;

(3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;

(4) Meetings when any agency is discussing the future acquisition of real estate, except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; provided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated;

(5) Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law;

(6) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee. The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter;

(7) Adoptions and proceedings related thereto;

(8) Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition; and

(9) Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 15-16-10.

HISTORY: Code 1981, § 50-14-3, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1992, p. 1061, § 3; Ga. L. 1997, p. 44, § 2; Ga. L. 2003, p. 880, § 1; Ga. L. 2006, p. 560, § 4/SB 462.

O.C.G.A. § 50-14-4

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-4 (2007)

§ 50-14-4. Procedure when meeting closed

(a) When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.

(b) When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception.

HISTORY: Code 1981, § 50-14-4, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1999, p. 549, § 3.

O.C.G.A. § 50-14-5

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-5 (2007)

§ 50-14-5. Jurisdiction to enforce chapter

(a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person, firm, corporation, or other entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this chapter.

(b) In any action brought to enforce the provisions of this chapter in which the court determines that an agency acted without substantial justification in not complying with this chapter, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney’s fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought.

(c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information.

HISTORY: Code 1981, § 50-14-5, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1992, p. 1061, § 4; Ga. L. 1998, p. 595, § 1.

O.C.G.A. § 50-14-6

*** Current through the 2007 Regular Session ***

TITLE 50. STATE GOVERNMENT
CHAPTER 14. OPEN AND PUBLIC MEETINGS

O.C.G.A. § 50-14-6 (2007)

§ 50-14-6. Violation of chapter; penalty

Any 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 $500.00.

HISTORY: Code 1981, § 50-14-6, enacted by Ga. L. 1988, p. 235, § 1.