CUMMING, Ga. — Late last week, two new agenda items were added to Thursday evenings Board of Commissioners meeting.
(2) Board consideration of new policy regarding review, release and disclosure of elected County official electronic communications - Semanson / Cooper
(3) Board consideration of possible formal inquiry regarding (1) assembly and release of certain citizen email addresses, (2) review of elected officials email accounts, and (3) related matters - Semanson / Cooper
When it was finally time to discuss these items, County chair Laura Semanson briefly introduced the item, then pitched it over to Forsyth County Attorney Ken Jarrard.
“Whether or not we need to adopt a policy or just have this discussion, Ken did draw up a policy for us to consider,” Semanson said. “But it basically is a reflection of what is and what is not legal already.”
Jarrard spoke about the Georgia Open Records Act, reminding all commissioners that they must comply with this set of laws.
"If you want the communication, if you want the record of another elected official or another county official, you have to use the Open Record Act to get those somewhat unique records,” Jarrard said.
When Semanson opened it up for questions, District 3 Commissioner Todd Levent chimed in.
"If it’s the law, why are we adopting it as a policy?” Levent asked.
“It is to underscore what is already known to be the law because we want to make sure everybody is aware,” Semanson responded.
Past that, it was unanimously adopted as a policy. Then, it was onto the final agenda item.
“It has come to my attention that there was potentially some sharing of, as we addressed in the prior item, some access to email accounts, potentially other information from one commissioner by another without going through the Open Record requirements,” Semanson said. “We would like to get to the bottom of that to understand what that potential breach of information included, how it occurred if it did in fact occur, and what was done with the information that was obtained.”
She recommended an internal investigation, using an outside counsel that has “no history, no political agendas, no connection to Forsyth County.” At that point Jarrard recused himself.
“Included amongst the information that was obtained without the other commissioners' approval or knowledge was a list of citizens names and email contacts that were provided to the county for a very specific purpose,” Semanson said. “Had they gone through the Open Records request, that information would have been redacted.”
I have an obligation to say this. My contract with the county anticipates that if there is a conflict, I have to disclose it,” Jarrard said. “I am conflicted. I represent each one of you, and therefore I will not be able to participate.”
Semanson then made a motion to launch a formal inquiry and authorize the chair to engage outside counsel not to exceed $20,000. The motion carried unanimously.
Stay with 11Alive for more on this developing story.
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