Friday, July 3, 2009

The sketchy chronology

I'm still working through the non-quorum story and wrestling with some of the suggestions ...

"(T)hey were lucky that they did not have a quorum and thus the Open Records Act was not triggered," Augusta media lawyer David Hudson, the Athens Banner-Herald's attorney, said in an e-mail. "Nevertheless, the very notion of having such a meeting without giving notice and admitting the public is terrible public policy."

It's not as if that's not a noble sentiment, it's just that it's not grounded in reality. Having elected officials meet in private, as long as it's not enough to form a quorum, is perfectly permittable by existing state law. Therefore, the suggestion that a meeting like this one, which lacked a quorum, should be applicable to the law is more than a reach to me.

Hudson is developing a standard that doesn't currently exist.

Granted, there's a logical argument to make about advertising a meeting where all commissioners are invited, but Athens-Clarke County District One Commissioner Doug Lowry is on the record as saying he felt the step was unnecessary given that he had advance notification that they would not have a quorum for the meeting. Considering that, according to multiple sources, this meeting had been scheduled for some time, and that Lowry had considerable advance knowledge of who would and would not attend, the meeting was exempt from the state's Sunshine Law.

But I'm also trying to piece together some additional parts of the chronology here ...

Chamber President Doc Eldridge, a former commissioner and mayor, urged organizers to postpone the meeting because it violated the spirit of the law and schedule another publicized meeting when he found out Tuesday that the entire commission was invited.

Even the appearance of a secret meeting reflects badly on the chamber and the county government, Eldridge said, citing recent criticisms of the Oconee County Commission for conducting business outside the public eye.


Let's suppose seven commissioners showed up, and Eldridge pointed out there was a quorum and that violated the state sunshine law. Lowry would, based on the tone of his comments to the Athens Banner-Herald, suggest the meeting either not take place or suggest that one or more of the commissioners leave, thus resulting in there not being a quorum.

Furthermore, Eldridge urged the commissioners to postpone the meeting based on the fact that all of the commissioners were invited, thus meaning it violated the spirit of the law (even though, in practice, in did not). However, Georgia Sunshine Law states that only 24 hours of public notification is required.

I've got messages out for Lowry and Eldridge, but I'm getting curious about one thing.

The article states that Eldridge was made aware of the invitation being extended to all the commissioners on the morning of the meeting and, because of that, he urged them to postpone the meeting. However, if Eldridge was invited to the meeting - and even unlocked the building to let them in - then shouldn't he have had advance knowledge of who was coming?

And wouldn't he - or shouldn't he - have expressed this concern prior to the morning of?