CLARKESVILLE – Cornelia attorney Douglas McDonald openly called for the resignation of Habersham County Commission Chairman Stacy Hall during Monday night’s commission meeting.
Before allowing the commission to adopt the agenda for the meeting, Hall made a statement for the record.
“Before the commission moves to adopt the meeting’s agenda, I would like to raise a point of order for the record,” Hall said. “During the May 14 called meeting of the Habersham County Commission, the commission entered executive session with the Hospital Authority for the purpose of discussing property acquisition/disposal, per Official Code of Georgia …”
Georgia’s Open Meetings Act defines “executive session” as a portion of a meeting lawfully closed to the public.
“At the conclusion of the executive session, there was a vote to come out of executive session and a vote on an affidavit certifying that the purpose of the executive session and the discussion within executive session was indeed lawful,” Hall said. “Immediately after the vote on the affidavit, there was a motion, followed by a second, then a full vote to adjourn the full meeting.”
Under state law, no vote in executive session to acquire, dispose of, or lease real estate, or to settle litigation, claims or administrative proceedings, shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the property and the terms of the acquisition, disposal, or lease are disclosed before the vote or where the parties and principal settlement terms are disclosed before the vote.
“What should have happened but did not was to open the doors to the meeting room following the conclusion of the executive session and allow anyone still waiting to enter the open session part of the meeting to re-enter,” Hall said. “This was a procedural error by the Chair, and I personally apologize. The minutes will reflect that there was no discussion, no comment, nor any further agenda item considered once the executive session was adjourned.
“I’d also like to state, for the record, that had proper procedure been followed, there would not have been any opportunity for public comment and that the board would have continued to immediately adjourn the meeting,” Hall said.
Farther down in the agenda, McDonald took issue with Hall during the public comments portion of the meeting.
“Sir, since you have admitted violating the criminal laws of Georgia, since you have admitted that you violated the civil laws of Georgia in regards to the Georgia Open Meetings law, I call upon you to resign your position as county commissioner; that you acknowledge to the governor of Georgia, that you acknowledge to the attorney general of Georgia and to any other law enforcement agencies, including the district attorney of Habersham County, that you have violated the criminal laws of Georgia, the Georgia Sunshine law and the Georgia Open Meetings law; and that you go on and voluntarily pay a $1,000 fine, which is the fine for the criminal violation, and up to $1,000 that a superior court judge can order you to pay for admission of violating the law on May 14 ….”
McDonald said he was present for the May 14 meeting and sat in the hall for an hour and 45 minutes during executive session, “waiting on you to do your job as you should, and that is to summons the public back into the meeting for purposes of closing out the called meeting. You did not do that. I called it to your attention and the lawyer’s attention, and you apologized. Sir, a mere apology is not sufficient for you violating these laws.”
McDonald also questioned the pending approval of minutes from the May 14 called meeting, and the upcoming closed session on Monday’s meeting agenda, where he said he believed the hospital would be discussed.
When Hall sat and looked at McDonald without saying anything when asked for comments, McDonald then said, “Hearing none, I will assume that you do not wish to accept my suggestions and I will act accordingly.”
Also during the meeting, McDonald brought up two other issues – a culvert clean-out on right of way in front of a former county commissioner’s Baldwin home and acceptance of a donated commissioned sculpture at the Habersham County Airport, saying the county and its agents acted improperly, and sternly warning commissioners they violated their duty on the three issues.
Following the adjournment of Monday night’s meeting, and after Commissioner Ed Nichols had left the room, McDonald asked to speak but was told the meeting already was adjourned.
