City of Coll. Park v. Martin

818 S.E.2d 620, 304 Ga. 488
CourtSupreme Court of Georgia
DecidedAugust 27, 2018
DocketS17G2008.
StatusPublished
Cited by11 cases

This text of 818 S.E.2d 620 (City of Coll. Park v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Coll. Park v. Martin, 818 S.E.2d 620, 304 Ga. 488 (Ga. 2018).

Opinion

Hunstein, Justice.

**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, 342 Ga. App. 289, 802 S.E.2d 292 (2017). The appellate court then reasoned that, because the Open Meetings Act requires a public vote on the appointment of a public officer or employee, see OCGA § 50-14-3 (b) (2), Martin had "demonstrated a legal and evidentiary basis to survive summary judgment as to an [Open Meetings Act] violation with respect to the appointment of interim City Manager Chess." Id. at 293, 802 S.E.2d 292. We granted certiorari review to consider the Court of Appeals' application of the Open Meetings Act. We conclude that the Court of Appeals should have first determined whether the charter for the City of College Park actually requires a vote to effectuate such an interim appointment before considering the applicability of the public-vote requirement of the Open Meetings Act. Accordingly, we reverse the Court of Appeals in part and remand this case for proceedings consistent with this opinion.

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, 294 Ga. 170, 172-173, 751 S.E.2d 337 (2013). We "look to the text of the provision in question and its context within the larger legal framework to discern the intent of the legislature in enacting it." Scott v. State, 299 Ga. 568, 571, 788 S.E.2d 468 (2016). See also OCGA § 1-3-1 (a), (b). Where the statutory text is "clear and unambiguous," we attribute to the statute its plain meaning, and our search for statutory meaning generally ends. See Deal, 294 Ga. at 173, 751 S.E.2d 337. The issue before us is purely legal and, thus, is reviewed de novo. See Expedia, Inc. v. City of Columbus, 285 Ga. 684 (4), 681 S.E.2d 122 (2009).

"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, 297 Ga. 321, 324, 773 S.E.2d 679 (2015). As we have explained, 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." (Citation and punctuation omitted.)

*622EarthResources, LLC v. Morgan County, 281 Ga. 396, 399 (3), 638 S.E.2d 325 (2006). The Open Meetings Act is not without exceptions and exemptions. Relevant here, OCGA § 50-14-3 (b) (2) permits the **490relevant agency1 to conduct executive sessions2

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.) Id. The Court of Appeals determined, without discussion, that the public-vote language in subsection (b) (2) requires

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Bluebook (online)
818 S.E.2d 620, 304 Ga. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-coll-park-v-martin-ga-2018.