Georgia Press Association attorney Jim Ellington says it is a violation of Georgia's Open Meeting Act to silence a statement made in a public hearing, then separate the complaining party in a closed session. Murphy says most school attorneys disagree with a July 1995 unofficial opinion from Georgia's Attorney General. Meanwhile in Edgewood, the Woodland Hill Citizens for Quality Education complained about a board policy restricting public comment. Both Edgewood and Brentwood repealed their policies restricting public criticism of personnel after the ACLU threatened action. Without question this is a difficult issue.
Personnel expect privacy and due process.
Media representatives believe they should be able to hear citizen comments to public officials. Board members are reluctant to make any comments concerning items not on their agendas, even in response to criticism. In many states open meetings laws require advance agenda. Under such requirements, officials responding to public comments may fear straying into illegal consideration of topics not on such agenda. Perhaps such laws could be amended to allow brief responses from officials.