Schoen v

O.C.G.A. § 50-14-2, under OPEN AND PUBLIC MEETINGS.

O.C.G.A. § 50-14-2

Cherokee County, 242 Ga. App. 501, 530 S.E.2d 226 (2000). Meeting may not be closed to discuss potential litigation under the attorney-client exception unless the governmental entity can show a realistic and tangible threat of legal action against it or its officer or employee. The threat must go beyond a mere fear or suspicion of being sued. Claxton Enter. v. Evans County Bd. of Comm’rs, 249 Ga. App. 870, 549 S.E.2d 830 (2001). Grand jury presentments questioning the propriety of certain policies of county commissioners did not amount to pending or potential litigation so the attorney-client privilege did not apply to a meeting conducted to fashion a response to the presentments, and the commissioners violated O.C.G.A. § 50-14-1(b) by conducting an executive session concerning the presentments. Decatur County v. Bainbridge Post Searchlight, Inc., 280 Ga. 706, 632 S.E.2d 113 (2006). Cited in Mullis Tree Serv. v. Bibb County, 828 F. Supp. 53 (M.D. Ga. 1993).