NewsAugust 26, 2014

City Ordered to Pay $12K in Fines for Open Meeting Violation

In a major victory for transparency in Georgia, the City of Cumming was ordered by a judge to pay more than $12,000 — the maximum allowable penalty — in fines and legal fees for violating the Georgia Open Meetings Act.

The lawsuit was the first of its kind brought by Attorney General Sam Olens' office after the state's transparency laws were overhauled in 2012.

The AG began investigating the violation after Cumming Mayor Henry Ford Gravitt demanded that a citizen attending an April 17, 2012 city council meeting stop videotaping the proceedings, then ordered her to leave. The woman returned with another handheld camera and was again told to stop recording.

The state's Open Meeting Act expressly provides that members of the public are allowed to make video and audio recordings of public meetings.

"The Georgia First Amendment Foundation (GFAF) is thrilled to see the 'new' open government law in action. Enforcement of the state's Open Meetings and Records Acts are a critical component of the duties of the Office of the Attorney General, and we are delighted to see access rights preserved. We were particularly pleased by the use of the new civil penalties provisions of the new open government laws, and look forward to seeing more of these types of cases."

— Hyde Post, President of the Georgia First Amendment Foundation

"Georgians deserve a government that operates openly and honestly. The actions by the mayor in this circumstance were egregious, and it is essential that he be held responsible for his actions."

— Attorney General Sam Olens

We at the Transparency Project of Georgia applaud the court for siding with the public in this important case. We now look to the City of Cumming to take steps to better inform its public officials on the rights of the people they were elected to represent. Remember: government belongs to the governed.

— K.C.

Frequently Asked Questions

What did the City of Cumming do to violate the Open Meetings Act?

Cumming Mayor Henry Ford Gravitt demanded that a citizen attending an April 17, 2012 city council meeting stop videotaping the proceedings, then ordered her to leave. When she returned with another camera, she was again ordered to stop recording.

The Georgia Open Meetings Act expressly provides that members of the public are allowed to make video and audio recordings of public meetings. The mayor's actions directly violated this statutory right.

What was the legal outcome of the Cumming open meetings case?

A judge ordered the City of Cumming to pay more than $12,000 — the maximum allowable penalty — in fines and legal fees for the violation. The lawsuit was brought by Attorney General Sam Olens' office and was the first of its kind following the 2012 overhaul of Georgia's transparency laws.

The case established an important precedent: the new civil penalties provisions of Georgia's open government laws would be actively enforced by the Attorney General's office.

Who investigated and prosecuted the Cumming open meetings violation?

The case was investigated and prosecuted by the Office of Attorney General Sam Olens. The investigation was triggered after the citizen complained about being forced to stop recording.

"Georgians deserve a government that operates openly and honestly," Olens said. "The actions by the mayor in this circumstance were egregious, and it is essential that he be held responsible for his actions."

Can citizens record public meetings in Georgia?

Yes. The Georgia Open Meetings Act explicitly grants members of the public the right to make video and audio recordings of public meetings. Government officials cannot prohibit or restrict recording by attending citizens.

If you are prevented from recording a public meeting, document the incident as completely as possible and contact the Georgia Attorney General's office. The Cumming case demonstrates that these violations have real legal consequences.

What penalties exist for violating the Georgia Open Meetings Act?

The 2012 overhaul of Georgia's transparency laws introduced civil penalty provisions. For willful violations, government agencies can face fines of up to $1,000 for an initial violation and up to $2,500 for subsequent violations. Legal fees can also be awarded to the party that successfully challenges the violation.

The Cumming case, which resulted in $12,000+ in combined fines and fees, demonstrated that the Attorney General's office would use these tools aggressively when violations were clear and egregious.