By Jon Gillooly
Marietta Daily Journal Staff Writer
MARIETTA - Councilman Philip Goldstein suggested Mayor Bill Dunaway failed to follow Georgia's Open Meetings Act on numerous occasions.
Goldstein on Monday accused Dunaway of failing to disclose, on the sworn affidavit Dunaway signs after each executive session, issues the Council discusses in executive session that the Open Meetings Act requires to be discussed in public.
What sparked the issue is when Goldstein objected to approving the minutes of a previous meeting because he said Dunaway failed to disclose improper discussions that took place in that previous meeting's executive session.
As Dunaway rose to defend himself, Councilman Van Pearlberg, a deputy district attorney, gave him a warning.
"Mr. Mayor, before you comment, let me tell you something. What Mr. Goldstein is basically saying is a crime was committed. He hasn't said it, but as I understand, isn't that correct that it's a misdemeanor offense?" Pearlberg asked City Attorney Doug Haynie.
Haynie said the offense, if it happened, is a misdemeanor.
"So, you know, if you're going to talk, you're going to talk at your own peril, so you may just want to say nothing," Pearlberg advised Dunaway.
After each executive session, Dunaway, as presiding officer, is required to sign an affidavit listing what that executive session was about - real estate, for example - and if anything was discussed in the meeting in addition to that topic, Goldstein said.
Goldstein cited two instances, one on July 7 and one on Aug. 11, when he said Dunaway failed to list topics discussed in executive session that were not matters the council initially went into the closed-door meeting to discuss.
During the Aug. 11 meeting, Goldstein said the council entered executive session to discuss a real estate matter, but Dunaway failed to list on his affidavit other matters discussed in that meeting, such as questions about the budget, discussion of whether they were able to discuss a particular item in executive session, remarks about the Strand Theatre and Marietta Housing Authority member Bill Hagemann and discussion of real estate already bought.
"There were about four or five instances of issues that came up during the executive session that, from my standpoint, I don't believe were appropriate and those should be noted on the affidavit," Goldstein said.
Goldstein was so bothered by the improper use of executive session at the time, that he said he left the executive session meeting.
"At that meeting I became frustrated enough to leave and asked to be called back in the room when we were back on executive session topics, and I was out at least a couple of minutes before I was called back in and again none of these things were noted as being gone into or covered. The only thing that is noted on the affidavit is an executive session that we went in for real estate only to discuss the purchase of real estate," Goldstein said.
"I have the same concern I had last month, which is if we stray from topics in executive session in the affidavit those things should be mentioned, whether you're covering it in a broad sense or a more specific sense, they shouldn't be ignored in a affidavit," he said.
Councilman Anthony Coleman asked Haynie if Goldstein was correct in his charges, to which Haynie responded that he agreed with Goldstein on some points but not on others. Haynie said there were questions raised in the Aug. 11 executive session, such as the budget, but they were prevented from being discussed at length. Haynie said the proper remedy for dealing with improper conversation in executive session is to ensure that it stops immediately, which is what was done.
"I don't recall any inappropriate discussion that was allowed to continue in that executive session," Haynie said.
Dunaway accused Goldstein of blindsiding him with the accusations when the media was present, rather than coming to him in private. Dunaway also said Goldstein had never complained about the affidavits he filled out before.
"He's now trying to hold me and the City Council to a standard that has never been put forth in my almost eight years as Mayor," Dunaway said.
Dunaway said he agreed with Haynie that if a council member began discussing something in executive session that was inappropriate, they should be stopped from continuing.
"(Goldstein) never held anybody to that standard before until now, for whatever reason, for whatever purpose, and I do resent that," Dunaway told the council, saying he plans to fully respond to the charges at a later time.
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Romper Room govenment continues in Marietta...and the childishness is being led by none other than P. Goldstein. Imagine that. Politician, and standard-bearer for Conflict-Of-Interest. What a clown -- taking Marietta for a ride, right into his pocket.
Can we just recall this council? They have done nothing for traffic, overdevelopment, or curbing tree removal. Get rid of them all!
Is anyone else shocked by the mayor's response that "he has never held anybody to that standard before until now" ? So it's OKAY to break the law, Mr. Mayor, if no Coucilman ever calls you on it?? He's basically saying "I've broken the law tons of times and no one said anything before..." What a sophomoric response.
If only Goldstein would apply the same standards of propriety to himself...
Vandy leads the SEC East, Republicans have become the party of big spending and bailouts, and now Philip Goldstein is the champion of open government. Repent for the end is near! I'm pretty sure what the mayor was getting at with the "different standard" talk is that in the past when Philip didn't have quite as big an ax to grind with the mayor, he didn't mind leading executive session discussions off the narrow path, but now if it gets him some brownie points with the MDJ and reflects poorly the mayor, it has suddenly become a troublesome issue for him.
And we wonder why the City of Marietta is in the shape its in...
What has happened to our City Council when the biggest crook in Marietta, Goldstein, is calling out our crook of a Mayor. Good times.
"Wabbit season!" "Duck season!" "Duck season!" "Wabbit season!" Our council in action.....
It does not matter if Philip Goldstein or the devil himself takes a position to bring Marietta city government out of the shadows and expose it to the light of taxpayer review. I say “Go Citizen Goldstein!” Over the last six or seven years it has been increasingly difficult to determine if anyone in City Hall is watching out for the taxpayer. They seem more concerned with the desires of Paulding County commuters and land speculators than Marietta homeowners. We will accept help from any source that makes city government more transparent and less contemptuous of our citizenry.
Surely you are not serious? "More concerned with the commuters of Paulding County"??? The City has not done a daggum thing about the traffic on Whitlock other than toying with some traffic lights and putting together a toothless "study committee". If anything, the City is too worried about a handful of noisy NIMBYs, like yourself, to do anything to fix the traffic debacle that is Whitlock Ave. As a resident of west Marietta, I can tell you I would be eternally grateful to the council if it did not take me 15-20 minutes to travel 3 miles to/from the Marietta Square.
Ok, so there's a very small number of city of Marietta citizens 3 miles out on Whitlock off Hardage...But even if you travel 35 miles per hour with no braking whatsover the drive will take you 5-6 minutes. So, according to you we're supposed to build you and a few of your friends a four lane so you can save 10 minutes? Give me and Historic Marietta a break...