The Georgia Supreme Court upheld Monday a Bulloch County court ruling requiring the City of Statesboro pay the legal costs of citizens who sued the city for violating the state’s Open Meetings Act.
    Each of the court’s Justices concurred with the September 2010 ruling by Judge John R. Turner, which requires the city pay $4,250 in legal expenses to the plaintiff — a group of private citizens that includes Earl Dabbs, Charles Oliff, Raybon Anderson, Jody Stubbs, Ray Hendley and Ellis Wood.
    “This appeal involves the manner in which a superior court may enforce the provisions of the Open Records Act against a municipality,” said Justice Harold Melton, who issued the ruling.
    The unanimous decision rejected an appeal by the city to waive owed fees, as well as a cross-appeal by plaintiffs to receive the full amount of moneys originally requested ($8,626.80). 
    City officials asserted that the trial court could not grant an award of attorney fees to the plaintiff because the group did not provide advance notice to the city that they would seek to recoup to the charges. The defendant cited a code (OCGA § 36-33-5) within the Georgia Tort Claims Act to support its position.
    However, the statute “applies to tort claims regarding injury or property damage, not violations of the Open Records Act,” said Melton. “Therefore, contrary to the City’s argument, OCGA § 36-33-5 does not apply to the Plaintiffs’ request for attorney fees, and the Open Records Act explicitly authorizes the assessment of attorney fees.”
    In regard to the cross appeal, “plaintiffs provided no evidence that the trial court abused its discretion by determining that this amount, not the amount for which they asked, was reasonable under the circumstances of this case,” said Melton’s ruling. “Accordingly, the trial court’s award of $4,250 in attorney fees and expenses will not be disturbed by this Court.”
    The group of citizens filed the lawsuit against the City of Statesboro on June 29, 2010, arguing that two city meetings held at the Gateway Pond House (April 1 and 19), instead of City Hall’s council chambers, violated Georgia law because they were not properly advertised and minutes of the meetings were not made available to the public.
    City officials asserted that notice was posted on the front door of City Hall, but conceded no minutes were recorded — according to then City Manager Shane Haynes, the city historically did not prepare minutes for meetings in which no action was taken.
    As part of his ruling, in addition to requiring Statesboro pay the plaintiffs’ legal fees, Turner ordered the city to publish the full agenda for the April 1 and April 19 meetings and hold the meetings again “where the subject matter for the April 1, and April 19, 2010 meetings is discussed in an open and public forum.”
    The meetings were held earlier this year.
   
    Jeff Harrison can be reached at (912) 489-9454.