Official Code of Georgia
Title 50. State Government
Chapter 14. Open and
Public Meetings
§ 50-14-1. Meetings of departments,
agencies, boards, etc., to be open to public; notice of meetings and agenda
(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;
(C) Every department,
agency, board, bureau, office, 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 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.
(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.
(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 formal action of an agency based on an alleged violation of
this provision shall be commenced within 90 days of 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.
(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 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 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 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
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 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. 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 be 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 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.
(C) Minutes of executive sessions shall also be recorded but
shall not be open to the 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.
