2020 Georgia Code
Title 50 - State Government
Chapter 14 - Open and Public Meetings
§ 50-14-6. Penalty for Violation; Defense
Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this chapter against any person who negligently violates the terms of this chapter in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date that the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions.
(Code 1981, §50-14-6, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 2012, p. 218, § 1/HB 397.)
The 2012 amendment, effective April 17, 2012, substituted "$1,000.00" for "$500.00" at the end of the first sentence and added the second through fourth sentences.
Law reviews.- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012). For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).
JUDICIAL DECISIONS
Citizen lacked standing to initiate criminal prosecution.
- Portion of a citizen's complaint seeking to impose criminal liability on city council members for the members' violation of the Open Meetings Act, O.C.G.A. § 50-14-1(e)(2), was properly dismissed because the citizen lacked standing to initiate criminal prosecution; at most, only the Act, O.C.G.A. § 50-14-6, is subject to a strict construction. Cardinale v. City of Atlanta, 290 Ga. 521, 722 S.E.2d 732 (2012).
Suit for civil penalty to be brought against individual.
- City councilmembers' claims against a mayor under the Open Meetings Act for a civil penalty under O.C.G.A. § 50-14-6 were subject to dismissal because the complaint only named the mayor in the mayor's official capacity; § 50-14-6 recognized that decisions to comply with the Act were made by individuals, or "persons". The claim for attorney's fees, O.C.G.A. § 15-14-5(b), was in essence against the city and was not subject to dismissal. Lue v. Eady, 297 Ga. 321, 773 S.E.2d 679 (2015).
Citizen had standing to request civil penalty.
- Plaintiff, as an individual, had standing to request that a civil penalty be imposed against the commissioners under the Open Meetings Act, O.C.G.A. § 50-14-1 et seq., because the provision plainly contemplated that a private person (or firm, corporation, or other entity) can bring an action to enforce the Act to protect the public from closed-door politics. Williams v. DeKalb County, 308 Ga. 265, 840 S.E.2d 423 (2020).
Impact on type of damages sought.
- Trial court erred in dismissing an action by the taxpayers alleging violations of the Open Meetings Act, O.C.G.A. § 50-14-1, et seq., by a local airport authority in planning and submitting an FAA application because the limitation period in O.C.G.A. § 50-14-1(b)(2) pertained only to suits to invalidate public agency actions, and the taxpayers sought only declaratory relief, injunctive relief, attorney fees, and civil penalties. Avery v. Paulding County Airport Auth., 343 Ga. App. 832, 808 S.E.2d 15 (2017).
Cited in Wiggins v. Bd. of Comm'rs, 258 Ga. App. 666, 574 S.E.2d 874 (2002); Heiskell v. Roberts, 342 Ga. App. 109, 802 S.E.2d 385 (2017).
CHAPTER 15 PUBLIC LAWSUITSSec.
- 50-15-1. Definitions.
- 50-15-2. Petition by political subdivision for posting of bond by opposing party or intervenor; hearing; dismissal upon failure to file bond; appeal.
- 50-15-3. Expeditious hearing and determination of lawsuits and appeals.
- 50-15-4. Commencement of subsequent actions.
- Reimbursement of expenses of state officers generally, § 45-7-20 et seq.
Law reviews.- For annual survey article on local government law, see 52 Mercer L. Rev. 341 (2000).
