COLLEGE PARK, Ga. — There are growing concerns and accusations the City of College Park has violated the state's Open Meetings Act.
This comes one day after College Park Police said they were reviewing video to seek prosecution against those who either prevented or disrupted the meeting, citing they were in violation of Georgia Code 16-11-34 (a person who recklessly or knowingly commits any act reasonably expected to prevent or disrupt a law meeting, gathering or procession is guilty of a misdemeanor).
On Tuesday, Senior Assistant Attorney General Kristen Settlemire sent College Park City Attorney Ashby Denmark a letter giving them 10 business days to respond to "numerous Open Meetings Act complaints" she said their office had received from residents.
11Alive obtained a copy of the letter and was sent the following statement from the Attorney General's Office:
"In recent months, we have received several complaints from citizens regarding College Park, and we have shared those complaints with the City Attorney, along with the requirements of Georgia's Open Meetings Act and Open Records Act. (ie 8/13 letter)
We take seriously any alleged violations of Georgia's open government laws, and we're continuing to evaluation appropriate next steps regarding this matter."
In the letter, it specifically acknowledges the Aug. 9, 2024, special-called meeting in which the city council voted to censure Mayor Bianca Motley Broom.
11Alive was at the meeting on Friday evening, during which, at one point, the city manager, Dr. Emmanuel Adediran, ordered the chief of police to clear the public from the room inside city hall. This happened after some residents voiced their opposition to the City Council censuring the Mayor, which was followed up by some residents applauding the outburst.
It was after the public was cleared from the room that the city council continued to carry on business in which they voted to censure the mayor.
Richard T. Griffiths, a spokesman for The Georgia First Amendment Foundation, said the city council and the City of College Park overreacted in this way.
"It's not clear everyone was disrupting the meeting," he pointed out.
Griffiths believes, by what he's seen in videos from the meeting and his understanding of what happened, that the City of College Park violated the Open Meetings Act.
In the letter from the Attorney General it states the following:
"The Open Meetings Act ("Act") expressly provides that "all meetings shall be open to the public" and that "[t]he public at all times shall be afforded access to meetings declared open to the public.
The Act only permits the city to lawfully close a meeting for executive session to discuss certain enumerated matters"
"The fact is the Georgia Supreme Court has said that simply applauding or cheering at a meeting is not grounds for removal of the public, and that's a big problem for the city if folks decide to pursue litigation," Griffiths said.
"Democracy is a little messy. Sometimes it's loud, it's a little boisterous and when people speak up and show their support for things, for people or officials, they have a right to be heard and this particular case the city shut down that opportunity for those citizens to show their support, to show their opposition to show their views on a particular matter."
Griffiths said what should have happened is someone tapped the gavel, waited for everyone to calm down and continue the meeting.
He said what's playing out in the City of College Park should be watched closely by everyone.
"Democracy is local. In every community, this is where the rubber hits the road where the public gets to have their voice heard on the issues of the day, and if in a city council meeting that voice is shut off, what's next," Griffiths explained.
"We at The Georgia First Amendment Foundation are very disappointed to see that action, and we hope that city will not do that again."
The City of College Park put a statement out on Sunday following Friday's special called meeting -- doubling down that they did nothing wrong:
"In a public meeting held on Friday, August 9, 2024, citizens were removed for disrupting the peace following a call to censure College Park Mayor Bianca Motley Broom. Several supporters voiced their disdain, despite repeated warnings from College Park Police Chief Connie Rogers to remain mindful of the rules of decorum. The chief warned that failure to do so would result in removal. Following continued public disruption, Chief Rogers acted duty bound and at the behest of the City Manager, Dr. Emmanuel Adediran, to restore order by clearing the public meeting room. The city maintains, Rogers acted well within her authority as the Chief of Police.
Disorder erupted during the meeting when the Council of the City of College Park called for the censure of Mayor Motley Broom for her repeated misconduct and lack of leadership during public meetings. Contrary to public allegations, the City of College Park maintains its position that the resolution to censure the mayor is lawful and warranted."
The chief of police also released her own statement stating the agency is going through video from Friday evening's meeting in its efforts to prosecute anyone they feel should be charged.
"We believe in the First Amendment, but we also believe in law and order, and we are committed to upholding both," Rogers said in her statement Monday.