City of Coll. Park v. Martin
City of Coll. Park v. Martin
Opinion of the Court
**488After she was terminated from her employment as a firefighter with the City, Appellee Chawanda Martin sued the City of College Park, the city council, and various interim officials, including the two individuals responsible for her dismissal (Interim Fire Chief Wade Elmore and Interim City Manager Richard Chess), alleging that the interim appointments were made in violation of the Open Meetings Act, OCGA § 50-14-1 et seq., and, thus, that the interim officials lacked the authority to take adverse employment action against her. The trial court granted summary judgment in favor of the defendants, concluding that Martin's claims were untimely and lacked evidentiary support.
On appeal, the Court of Appeals reversed in part, determining that Martin's challenge to Chess' appointment was timely and, further, that the undisputed evidence demonstrated that the mayor **489made the challenged appointment in "consensus" with the city council without ever having taken a vote. Martin v. City of College Park,
As we delve into the text of the Open Meetings Act, we are mindful that "we must afford the statutory text its 'plain and ordinary meaning,' we must view the statutory text in the context in which it appears, and we must read the statutory text in its most natural and reasonable way, as an ordinary speaker of the English language would." (Citations and punctuation omitted.) Deal v. Coleman,
"The Open Meetings Act requires all meetings, as that term is defined in the Act, of certain public agencies to be open to the public." Lue v. Eady,
*622EarthResources, LLC v. Morgan County,
when discussing or deliberating upon the appointment , employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the position of the executive head of an agency.... The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available.
(Emphasis supplied.)
The phrase "the vote ... shall be taken in public" employs the use of a definite article ("the") and is therefore referential, presupposing a required action. Simply put, the language does not mandate a vote on a relevant employment decision, it simply references such vote and requires that any such vote be taken in public. Thus, consistent with the design of the Open Meetings Act, the plain language of (b) (2) requires that when a vote on a relevant employment matter is taken, it must be taken in public. To the extent that the Court of Appeals' opinion conflicts with this holding, it is reversed.
The key issue here then-which was neither articulated by the parties below nor considered by the lower courts-is whether a vote is required for the appointment of an interim city manager. The scant record before us reflects that Martin has consistently averred that the city charter does not permit such an appointment without a vote **491by the city council (which must be in public), while the City maintains that the mayor is authorized to make such an appointment independently. The mayor and city council are bound by the charter, see Sadler v. Nijem,
Judgment reversed and case remanded.
Hines, C. J., Melton, P. J., Benham, Nahmias, Blackwell, and Peterson, JJ., concur. Boggs, J., disqualified.
The term "agency," as it is used in the Open Meetings Act, is defined in relevant part as follows:
(A) Every state department, agency, board, bureau, office, commission, public corporation, and authority;
(B) Every county, municipal corporation, school district, or other political subdivision of this state;
(C) Every department, agency, board, bureau, office, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state;
(D) Every city, county, regional, or other authority established pursuant to the laws of this state.
OCGA § 50-14-1 (a) (1) (A)-(D).
" 'Executive session' means a portion of a meeting lawfully closed to the public." OCGA § 50-14-1 (a) (2).
There is no argument that the city council is not an "agency" as defined in the Open Meetings Act.
Reference
- Full Case Name
- CITY OF COLLEGE PARK v. MARTIN.
- Cited By
- 11 cases
- Status
- Published