City of Cumming Responds to AG's Office

Dana Miles, attorney for the city of Cumming, has responded to Sam Olens, the state attorney general, with a letter dated April 26, 2012. The matter at hand is in regards to the alleged Georgia Open Meetings Act violation by Mayor H. Ford Gravitt.

at the start of the monthly city council meeting involving Mayor Gravitt and Nydia Tisdale of Roswell.

Tisdale, who was video recording the meeting, was ordered by the mayor to turn the device off. But while the incident was unfolding she did capture some of it on her camera. After adhering to the mayor's request, she remained at the meeting.

Following the event Tisdale filed a complaint with the AG's office. Three days later Miles' office receives a letter from Senior Assistant Attorney General Stefan Ritter. The letter cites that Tisdale appears to have been forcefully removed from the meeting for attempting to record it and that Georgia law expressly allows video recording of public meetings.

In Miles' letter to Ritter, he first points out that his office (Miles Patterson Hansford Tallant, LLC ) has not seen "this Complaint and believe having it is material to our ability to adequately respond on behalf of our client."

Miles further states that while he "agrees with the new version of Georgia's Open Meetings law," that went into effect the same day as the incident , he asks in the letter the following:

"What is the effect of the General Assembly's revisions to the Open Meetings law as it pertains to recording a meeting?"

He continues by pointing out the difference in language between the old version and revised version of the open meetings law:

The old version of the open meetings law: “The public at all times shall be afforded access to meetings declared open to the public. Visual, sound, and visual and sound recording during open meetings shall be permitted.”

The new version of the open meetings law: “The public at all times shall be afforded access to meetings declared open to the public. Visual and sound recording during open meetings shall be permitted.”

Miles writes that the “issue is not so clear,” and is seeking the AG’s “official opinion.”

He also states the following factors be considered before any enforcement actions are made on the matter should it be determined that the city of Cumming did violate the Open Meetings Act.

• statutory construction rules have created a legitimate issue;
• guidance is being requested,
• said guidance is being requested on a law that is mere days old at this point,
• at the time of the alleged violation of the act, the law was mere hours old.

In an e-mail Friday to Cumming Patch from Lauren Kane, the AG's spokesperson, she said, "Our office is reviewing the letter received today and will determine next steps."

Tisdale said that it is hard to believe that the city attorney cannot comprehend the new version of the open meetings act and advise his client accordingly.

“With all of the [media] coverage, with additional transparency in government to make it more accessible to the public, it’s inconceivable that anyone could interpret the new law as being less transparent,” she said.

A call to Miles’ office has not been returned as of this writing.

In addition to the initial compliant filed, Tisdale included additional items that she said, are “problematic.”

• Four meeting attendees were locked out at the street entrance to the building

• Tisdale walked around to the back entrance to enter City Hall

• Tisdale asked four police officers and City Attorney Dana Miles to unlock the front door and they refused

• Three meeting attendees eventually walked around the building and arrived tardy for the meeting

• City Attorney Dana Miles sat silent and did nothing

• Police officer stopped Tisdale from taking moving pictures from her Olympus camera during the meeting

• Mayor and city council voted for a non-binding agreement with Forsyth County

• Mayor and city council adjourned and entered into executive session without a stated purpose

• Mayor and city council held an unannounced meeting after executive session to vote for a binding agreement with Forsyth County

According to Tisdale, Ritter sent an e-mail to Miles stating the following:

"You have, so far, only provided the City’s views on the refusal to allow videotaping. I request that you address the remainder of her allegations by Wednesday May 2, 2012."

See both letters in the PDF files above right and stay with Cumming Patch on this developing story.