Become part of the movement for unbiased, accessible election information. Donate today.
Jersawitz v. Fortson
This Ballotpedia article needs to be updated.
This Ballotpedia article is currently under review by Ballotpedia staff as it may contain out-of-date information. Please email us if you would like to suggest an update.
This Open Records and Transparency Project article is a sprout. You can help us collect information about this case, and other important FOIA cases across the country, by expanding this article. |
| |||||||||||||||||||||||||||
Sunshine Laws |
How to Make Records Requests |
Sunshine Litigation |
Sorted by State, Year and Topic |
Sunshine Nuances |
Deliberative Process Exemption |
Jersawitz v. Fortson was a case before the Georgia Supreme Court in 1994 concerning open meetings laws and its application to municipalities.
Background
Jersawitz v. Fortson, 213 Ga. App. 796 (1994) (Blackburn, J.), cert. applied for: Suit alleging violation of Open Meetings Act by the Atlanta Housing Authority's Olympic Task Force Selection Committee. The trial court (Langham, J.) held that the meeting did not fall within the purview of the Open Meetings Act. The Court of Appeals reversed, holding that the committee "acted as a vehicle for AHA to carry out its responsibility to review the proposals submitted to the agency, and because of the responsibility assumed by this committee with the knowledge and full acquiescence of the agency, the agency cannot hide behind the committee and assert that its governing body did not create it." The court also found that AHA did not substantially comply with the Act by providing the plaintiff with a videotape of the meeting after the fact, because viewing a videotape was not "as adequate substitute" for having the opportunity to give input to the decision-makers.[1]