College Park maintains there was nothing improper or illegal about city council’s decision to select a new destination marketing organization during a special-called meeting in Savannah in June.
But, now a government-transparency advocate has filed a lawsuit against the four council members, the city manager, city clerk and city attorney, alleging violations of Georgia’s Open Meetings and Open Records acts involving the Savannah gathering and several other city meetings.
The lawsuit is the latest challenge to the city’s handling of the Savannah meeting, which was held more than 240 miles from College Park while officials attended the Georgia Municipal Association convention. During the brief meeting, the council selected Destination Must Visit as the city’s new destination marketing organization. Mayor Bianca Motley Broom did not attend.
Katie Corkren, a Georgia Senate candidate and longtime citizen activist, filed the lawsuit July 13 in Fulton County Superior Court. Corkren is the plaintiff and the complaint names Councilmembers Joe Carn, Jamelle McKenzie, Tracie Arnold and Roderick Gay; City Manager Michael Hicks; City Clerk Kelly Bogner; and City Attorney Winston Denmark as defendants.
Corkren has previously filed lawsuits against municipal officials over alleged violations of Georgia’s open-government laws. She is not an attorney.
“My drive has been to make the citizens’ ability to prosecute open meetings and open records violations simpler and more streamlined,” Corkren said. “It just seems to me that if you don’t have accountability, it doesn’t matter what the law says, if people aren’t willing to prosecute it.”
Backlash over city decisions
The Georgia Attorney General’s Office has also questioned College Park about the notice and location of the Savannah meeting. The city attorney’s deadline to respond to the Attorney General’s Office was July 14.
Separately, the Georgia Hotel and Lodging Association filed a complaint with the state Department of Community Affairs challenging the city’s selection of Destination Must Visit, a Maryland-based organization.
The lodging association’s complaint also raised questions about Destination Must Visit’s experience. Several cities, counties and visitors bureaus listed by the organization as places it had worked with told Hotel and Lodging Association President and CEO Chris Hardman that they had not done business with it.
According to a College Park statement issued Wednesday, a contract with Destination Must Visit has not yet been signed.
“The meeting was publicly noticed in accordance with the Georgia Open Meetings Act, including the date, time, location, and agenda,” the statement reads. “It was open to the public, live-streamed, and members of the public attended. The final contract will be negotiated and executed following Council’s selection.”
Despite the wording regarding the final contract, the statement confirmed that Destination Must Visit remains the city’s choice.
Residents who attended the Savannah meeting said the meeting agenda was not posted at the location as required, and they were not provided with the agenda packet given to council members. Information about the firms under consideration was not posted on the city’s website.
Corkren included affidavits from several residents with her complaint describing the difficulty and expense of attending the meeting in Savannah.
Resident Jason Kilip said he spent $150 plus tax on a hotel room,$60 on gas and additional money on food. Kilip said he emailed his council representative the Friday before the Sunday meeting to ask about it but did not receive a response.
Resident Julie McGouirk stated in her affidavit: “Although I regularly attend council meetings held at College Park City Hall, attending the meeting in Savannah, GA was extraordinarily difficult due to travel expenses, time and distance. I could not afford a hotel room, so I made the 7/8 hour round trip in the same day.”
Residents who did not attend also cited the time and cost of traveling to Savannah.
“This is an injustice preventing the citizens from participating in their governance,” resident Keith Thieme stated. “Citizens should always be able to participate in their governance.”
What’s at stake
The lawsuit names the officials in their individual capacities; the city itself is not a defendant. Corkren’s complaint calculates that each defendant could face as much as $46,000 in civil penalties if the court finds that the numerous alleged violations occurred.
Corkren said she does not expect a judge to award the full amount. She also said that because she is the plaintiff, she would personally receive any penalties awarded in the case.
“That is the only remedy available under the Open Meetings Act,” she said, citing lawsuits filed by other parties in other jurisdictions.
“If it does turn out that I was awarded money, I would probably discuss the matter with Speak Up College Park (Facebook group members) and get some ideas from them (on how the money should be used),” she added.
Resident McGouirk said that for her personally, a possible financial award is not a factor.
“It’s not about me receiving money in my pocket. It’s about holding our council members accountable. Katie has done a lot of work on this and if there is a monetary value awarded, it’s fine with me,” McGouirk said.
Corkren organized a GoFundMe campaign titled “Urgent Support Needed for Open Government Legal Fight in GA” to help pay costs associated with the case. The campaign has raised $1,125 toward its $1,300 goal.
Corkren was unopposed for the Republican nomination for Georgia Senate District 36 and will face Democratic incumbent Nan Orrock in the November general election. The district includes College Park, East Point, Hapeville and parts of Atlanta, including Midtown.
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