Moon v. Terrell County, Ga.

This is the second appearance of this case before this court. The underlying facts surrounding Terence Moon’s dispute with his former employer, Terrell County, are fully set forth in Moon v. Terrell County , 249 Ga. App. 567 548 SE2d 680 2001. In that earlier decision, we reversed the trial court’s judgment in favor of the county and four of its commissioners, finding that the trial court erred in holding that the defendants did not violate the Open Meetings Act, OCGA § 50-14-1 et seq., in conducting a closed session of the county board of commissioners to consider his continuing employment with the county. The case now returns after a second bench trial, in which the trial court determined that Moon could not assert a claim for back pay and that attorney fees were not appropriate under OCGA § 50-14-5 b. Finding no error, we affirm. Terence Moon brought two suits against the Terrell County Board of Commissioners. The state action, filed Jan. 9, 1998, alleged violation of the Georgia Open Meetings Act and sought declaratory relief, an injunction, and attorney fees and litigation expenses. The federal action, filed Nov. 23, 1998, alleged racial discrimination under various civil rights statutes and sought back pay, compensatory damages, and attorney fees.

On January 28, 2000, after a bench trial, the state trial court found no violation of the Georgia Open Meetings Act. This judgment was appealed, and on May 9, 2001, this court reversed, finding that the Open Meetings Act was violated and the actions taken during that meeting therefore were void. Moon , supra.