Three appointed Gwinnett County officials quietly settled a Taser-related wrongful-death lawsuit by paying $100,000 to a victim's family without a public vote or discussion.

According to the settlement, obtained this week by The Atlanta Journal-Constitution through open-records laws, the county barred the victim's family and lawyers from telling the public or news media about the payout or even that a settlement occurred.

The nondisclosure language is typical, county attorney Karen Thomas said.

But Hollie Manheimer, executive director of the Georgia First Amendment Foundation, questioned the secret nature of spending public money. "Decisions have to be made in public," she said.

Thomas and Board of Commissioners Chairman Charles Bannister cited a county ordinance that allows settlements of $100,000 or less to be decided by the county attorney, county administrator and county risk manager, as long as the chairman, an elected official, approves.

The settlement ended the wrongful-death lawsuit brought by the family of Ray Charles Austin, who died in September 2003 after being shocked repeatedly with a Taser at the jail. Austin, 25, had been in a fight in which he bit off part of a deputy's ear.

In December, county officials agreed to pay Austin's family $100,000 to dismiss the lawsuit. According to the settlement papers, the only public statement that could be made about the deal was that "the case has been resolved to the satisfaction of all parties."

County Administrator Jock Connell declined to comment on the matter even though his signature is on the settlement papers and the check sent to Austin's family. He referred questions to Thomas, the county attorney.

"I wouldn't classify it as secret," Thomas said. "That is typical language in settlements. We put that language in it because we have another Taser case pending."

The pending case involves a lawsuit over the 2004 Taser-related death of Frederick Williams.

Last month another man, Carlos Rodriguez, died after being shocked with a Taser.

Another lawsuit could be coming in that case — the victim's family was recently on television news asking for a lawyer.

When asked why the Austin settlement was not openly voted on, Bannister said, "We did not have to vote on it at a public meeting. Anything $100,000 and under does not have to be voted on."

Connell did not rule out that there may be a settlement in the other pending Taser-related wrongful death lawsuit.

"As of right now the case is pending and we are working on it," said Connell. "At this point, I don't know if we are going to settle on that one."

Gwinnett Sheriff Butch Conway said he agreed such settlements should be handled discreetly, saying it could save money.

"I think it is to the benefit of taxpayers to do it that way," said Conway. "If the county advertises that they settled a case, it will invite more people to sue."

Reprinted with permission from the Atlanta Journal-Constitution, 08/16/07.