Claxton Enterprise v. Evans County Board of Commissioners

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Claxton Enterprisevs.Evans County Board of Commissioners
Number: 249 Ga.App. 870
Year: 2001
State: Georgia
Court: {{{Court}}}
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Other lawsuits in 2001
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Claxton Enterprise v. Evans County Board of Commissioners was a case before the Georgia Supreme Court in 2001 concerning open meetings laws.

Background

Claxton Enterprise v. Evans County Board of Commissioners , 249 Ga.App. 870 (2001) (Ellington, J.): Board invoked the attorney-client exception to Act to discuss “probable litigation” concerning employee. Newspaper objected as there was no evidence employee had taken any legal action against the county at that time. Board later amended its stated reason to “personnel matters.” A week later, Board again invoked attorney-client exception to close meeting to discuss possible litigation concerning same employee, as the employee had now made reference to litigation.

Held that Act must be construed broadly and exceptions construed narrowly.

Court of Appeals found that employee's threat to sue was idle and should not be construed as potential litigation for purposes of the Act. To invoke attorney-client exception, the governmental entity must show a realistic and tangible threat of legal action, beyond mere suspicion or fear of being sued.[1]


See also

References

  1. Synopsis of Georgia Open Meetings Act Cases