Atlanta Journal v. Hill
Atlanta Journal v. Hill
Opinion of the Court
The Atlanta Journal and The Atlanta Constitution and their managing editor, Glenn McCutchen (collectively referred to as the “Newspaper”) appeal from the denial of their complaint for injunctive relief seeking access to meetings of the Administrative Review Panel, appointed by Atlanta Mayor Young (the “Mayor”).
Appellees (collectively referred to as the “Panel”), are nine private citizens, sued in their capacity as members of the Administrative Review Panel, a group established by the Mayor by Executive Order on April 20, 1987 to “conduct a confidential review and evaluation of actions by City officials and employees following allegations concerning several prominent Atlantans which were filed with the Atlanta
Two provisions of the Act are pertinent here. OCGA § 50-14-1 (c) states “All meetings of any agency at which proposed official action is to be discussed or at which official action is to be taken shall be open to the public at all times.” OCGA § 50-14-1 (a) (1) (C) defines “agency” under the Act to include “[e]very department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state.” We note that the Act was enacted in the public interest to protect the public — both individuals and the public generally — from “closed door” politics and the potential abuse of individuals and the misuse of power such policies entail. Therefore, the Act must be broadly construed to effect its remedial and protective purposes.
However, it was not intended that the Act cover groups which, although they function on behalf of government, have no official authority. In McLarty v. Bd. of Regents of University System of Ga., 231 Ga. 22 (200 SE2d 117) (1973), cited as controlling by both sides to this appeal, we stated that the Act “applies to the meetings of the variously described bodies which are empowered to act officially for the State and at which such official action is taken. Official action is action which is taken by virtue of power granted by law, or by virtue of the office held, to act for and in behalf of the State. The ‘Sunshine Law’ does not encompass the innumerable groups which are organized
The Newspaper argues that the Panel is not merely an advisory group, such as those described in McLarty, because in addition to its charge to meet, inquire, discuss and recommend, it also has powers which are distinctly official, to-wit: the authority to require sworn testimony before a court reporter, to compel by subpoena the attendance of witnesses and the production of documents, and to punish by criminal contempt for failure to comply with any subpoena. We agree with the Newspaper that these powers can only be described as official. However, the determinative issue in this case is whether the Panel has authority to take lawful official action, that is, action “taken by virtue of power granted by law, or by virtue of the office held, to act for and in behalf of the State.” Id. Although none of the parties to this appeal attacks the validity of the powers granted the Panel, we view this question as determinative of the issue in this case — whether the Panel is subject to the Act. In our opinion, the Panel has no authority to take lawful official action because the official powers purportedly granted to the Panel were unconstitutionally delegated. Rogers v. Medical Assn. of Ga., 244 Ga. 151, 153 (2) (259 SE2d 85) (1979). Here, the official powers in question were purportedly delegated to the Panel — a group of private citizens, not under any oath and not accountable to anyone — by the Atlanta City Council, by amendment to the City Charter. Our State Constitution provides that: “ [t]he people of this state have the inherent right of regulating their internal government. Government is instituted for the protection, security, and benefit of the people, and at all times they have the right to alter or reform the same whenever the public good may require it.” Art. I, Sec. II, Par. II. As we stated in Rogers, “[t]his is
Accordingly, since the purported delegation of official power to the Panel is constitutionally infirm, the Panel has no lawful official power, and is a purely advisory group not subject to the Act.
Judgment affirmed.
Concurring Opinion
concurring specially.
I concur in the judgment of the court but for reasons not expressed in the opinion. This court determined in McLarty v. Bd. of Regents of University System of Ga., 231 Ga. 22 (200 SE2d 117) (1973), that the Open Meetings Act applies to those bodies empowered to take official action. Advisory groups do not have the power to take official action and are not governed by the Act. In my view the Administrative Review Panel in this case is an advisory group. It was created to review and evaluate actions of city officials and to make a written report of its findings and recommendations. That is all. If action is to follow it must be done by the city in a meeting subject to the Open Meetings Act where the public may observe.
The majority views the subpoena power vested in the Panel as sufficient to bring the Panel under the purview of the Act. But the subpoena power is incidental to the real function of the Panel. If some issue should arise as to the use of the power to subpoena, perhaps a meeting of the Panel related to that matter would come within the Act. That is not the issue before us however.
Another issue not presented by the parties but relied on by the majority is the validity of the delegation of subpoena power to the
Reference
- Full Case Name
- The ATLANTA JOURNAL Et Al. v. HILL Et Al.
- Cited By
- 17 cases
- Status
- Published