Deriso v. Cooper

In Deriso v. Cooper, 245 Ga. 786 (267 S.E.2d 217) (1980), the Supreme Court of Georgia considered whether Georgia's first open meetings law, known as the "Sunshine Law," allowed a covered agency to have meetings closed to the public to discuss and decide questions that fell within the enumerated exceptions to the law. The Court concluded that the agency, in that case a county board of education, may meet in private (closed to the public) executive or unofficial session either before or after official meetings that are open to the public. At such private sessions, any of the subject matters enumerated in the "Sunshine Law" as exceptions to the public meetings requirements may be discussed, deliberated, considered and heard. No vote need be taken during these private sessions but if any vote is taken, the aye and nay votes of each board member shall be recorded at the conclusion of the executive session and shall become a part of the official minutes or records of the board that are open to public inspection pursuant to former Code Ann. 40-3301 (b). Code Ann. 40-3301 (b) was the predecessor to OCGA 50-14-1 (e) (2) and 50-14-5 (a). Deriso, 245 Ga. at 787. As the Open Meetings Act does now, the Sunshine Law enacted in 1972 excluded from the open meetings requirement any "meetings when any agency . . . is discussing the future acquisition of real estate." Ga. Code Ann. 40-3302 (d) (1972).