Decatur County v. Bainbridge Post Searchlight, Inc.

Under the attorney-client privilege exception to the Open Meetings Act, a public agency whose members face pending or potential litigation may conduct a closed meeting with their attorney to discuss these matters. Litigation is potential if the threat of being sued is “realistic” or “tangible” — if the “threat. . . goes beyond a mere fear or suspicion of being sued.” Claxton Enterprise v. Evans County Bd. of Commrs., 249 Ga. App. 870, 874 (2) (549 SE2d 830) (2001). In this case, the Grand Jury of Decatur County, the legal arm of the State, actively questioned alleged wrongdoings by members of…