Former Airport Authority member, Dr. Jay Hughes, is questioned by Plaintiffs’ attorney, Julius Hulsey, Monday in court. Habersham County Attorney Donnie Hunt listens to the exchange.
Suit alleges defendants violated open records and meetings laws
Testimony is underway in a lawsuit filed by a number of individuals and the Habersham County Pilots Association against the Habersham County Airport Authority and County Commission. The lawsuit alleges the Airport Authority failed to provide proper public notification of at least four specially called meetings last year and that defendants refused to comply with open records requests. The suit also claims “spoliation” of evidence and addresses concerns about County Commissioners’ and Airport Authority members’ use of private email to conduct public business.
Senior Judge Robert Struble is presiding over the non-jury trial which began Monday in Habersham County Superior Court.
Dispute leads to suit
The lawsuit stems from a dispute over the Airport Authority’s decision last year to end a longtime contract with Habersham County Airport’s Fixed Based Operator (FBO) James Tatum.
The Airport Authority entered into contracts with a new FBO – Blue Sky Flight Services – and opened a $50,000 unsecured line of credit without Commission approval.
The judge issued an order in January requiring the County Commission to review and publicly act on those contracts.
Plaintiffs allege discussions about the FBO contract were held during improperly called meetings and that officials used private emails to share information and avoid transparency.
They also want the court to recognize spoliation of evidence because a computer used by Airport Authority Chairman Robert Ginn was reportedly wiped clean after he returned it to its owner, Georgia Tech. (Ginn was doing consulting work for the university at the time).
Plaintiff’s attorney Julius Hulsey told the court during opening arguments Monday, “This is purely a case of public interest. My clients have no vested personal interest in this case other than wanting to have good government and government people can have confidence in.” He says his clients have paid more than $80,000 so far pursuing the case.
County Attorney Donnie Hunt who’s representing both the County Commission and Airport Authority countered, “They filed this suit, not because of concerns about bad government. They filed it to try to force the county to keep Mr. Tatum.”
Who’s responsible?
Hunt argued against the inclusion of the County Commissioners in the lawsuit insisting the Airport Authority is its own corporation established by the State Legislature. He accused the plaintiffs of trying to blur the legal distinction between the two, “They know they’re separate entities.” As such, Hunt argued, “The County was under no duty to post (meeting notices)” nor to “provide staff to the Airport Authority for (record) searches.”
The Airport Authority is comprised of a group of volunteers appointed by county commissioners.
The plaintiffs are asking the court to:
- Injoin the defendants from violating open meetings, open records and public record retention laws.
- Impose fines against all defendants
- Pay plaintiffs attorney fees
- Impose the presumption of spoliation for those records that have been lost
The trial is expected to continue through Tuesday.
