2021 Georgia Code
Title 50 - State Government
Chapter 14 - Open and Public Meetings
§ 50-14-4. Procedure When Meeting Closed

1. When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1.
2. 1. When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the person presiding over such meeting or, if the agency's policy so provides, each member of the governing body of the agency attending such meeting, shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception.
   2. In the event that one or more persons in an executive session initiates a discussion that is not authorized pursuant to Code Section 50-14-3, the presiding officer shall immediately rule the discussion out of order and all present shall cease the questioned conversation. If one or more persons continue or attempt to continue the discussion after being ruled out of order, the presiding officer shall immediately adjourn the executive session.

(Code 1981, §50-14-4, enacted by Ga. L. 1988, p. 235, § 1; Ga. L. 1999, p. 549, § 3; Ga. L. 2012, p. 218, § 1/HB 397.)

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012). For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 256 (1999).

JUDICIAL DECISIONS

Compliance with requirements as to minutes.

- Trial court erred in holding that minutes complied with the requirements of O.C.G.A. § 50-14-4(a) since the minutes did not reflect "the names of the members present and the names of those voting for closure," but only indicated the names of commissioners moving and seconding a motion to go into closed session. Moon v. Terrell County, 249 Ga. App. 567, 548 S.E.2d 680 (2001).

- Because minutes and affidavits are required to be timely recorded and made open to public inspection so that the general public knows when and where to find an official accounting of the business that transpired, the trial court erred in failing to find that the failure of the county board of commissioners to timely file an affidavit and minutes pertaining to a particular meeting constituted a violation. Claxton Enter. v. Evans County Bd. of Comm'rs, 249 Ga. App. 870, 549 S.E.2d 830 (2001).

- Legislature did not intend for the Open Meetings Law, O.C.G.A. T. 50, C. 14, to apply to the judicial branch of government. Therefore, a judicial commission is not subject to that chapter. Fathers Are Parents Too, Inc. v. Hunstein, 202 Ga. App. 716, 415 S.E.2d 322 (1992).

- Because a bond and a supplemental resolution to the bond were considered at a subsequent meeting at which no closed executive session occurred, and the bond action was discussed and acted upon at the subsequent open meeting, the contentions regarding problems with the prior meeting did not affect the validity of the airport authority's ultimate decision to issue the revised bond, and the airport authority did not violate the Georgia Open Meetings Act, O.C.G.A. § 50-14-1 et seq. Avery v. State of Ga., 295 Ga. 630, 761 S.E.2d 56 (2014).

Cited in Atlanta Journal v. Babush, 257 Ga. 790, 364 S.E.2d 560 (1988).

OPINIONS OF THE ATTORNEY GENERAL

Notice provisions for closed meetings.

- Agency must comply with the notice provisions of the Open Meetings Law, O.C.G.A. T. 50, C.14, when a meeting, as defined in the law, is to be held in closed session. Minutes available to the public are limited to the reasons for closure, the names of the members present, and the names of those voting for closure. 1988 Op. Att'y Gen. No. U88-30.

- Drug Utilization Review Board may close the Board's meetings in accordance with the procedures outlined in O.C.G.A. § 50-14-4. That being said, it is up to the Department of Community Health to make the decision regarding whether to close any Board meeting. The decision to close a meeting, however, must be made on a case-by-case basis and supported both by the facts of the particular situation and the affidavit of the presiding officer justifying the closure. 2010 Op. Att'y Gen. No. U10-1.

RESEARCH REFERENCES

ALR.

- Emergency exception under state law making proceedings by public bodies open to the public, 33 A.L.R.5th 731.