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Commissioner questions legality of special-called meeting notice before executive session
Summary
Commissioner Leonard Burse raised concerns that the Dec. 31 special called meeting had not been advertised; Assistant County Attorney Jennifer Herzog said the legal organ must be notified and noted that website posting plus awareness by the paper could satisfy notice; the commission voted to enter executive session.
During the Dec. 31 special called meeting, Commissioner Leonard Burse asked whether the meeting had been properly advertised before the commission moved into executive session to discuss personnel.
Interim County Manager Melinda Brooks acknowledged the meeting had not been advertised and said the omission was an oversight. Assistant County Attorney Jennifer Herzog responded that Georgia's rules for the county—s legal organ require notification at least 24 hours before a special called meeting; because the county—s legal organ (newspaper) publishes weekly, Herzog said notifying the paper and posting the notice on the county website can satisfy the notice requirement. "Because the meeting was advertised on the website, and if the newspaper (legal organ) was aware of the meeting like three of the Commissioners have stated, then the meeting would be considered legal," Herzog said.
Commissioner Timmy Lucas moved to enter executive session to discuss personnel; Commissioner Sammy Hendricks seconded. The roll call showed Commissioner Leonard Burse voting NO and Commissioners Jerry Pope, Timmy Lucas, Sammy Hendricks and Chairman Elmer Thrift voting AYE. The commission entered executive session at 10:08 a.m. and returned later the same day.
The minutes record the exchange as a clarification of notice requirements, with Herzog offering the county attorney's interpretation; no enforcement action or external legal opinion is recorded in the minutes.
