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Posted on April 22nd, 2009 in Politics

Council holds secret closed-door meeting

By Kyle Whitmire

A quorum of the Birmingham City Council met today behind closed doors, an apparent violation of the Alabama Open Meetings Law.

Council President Carole Smitherman said that five people were in the office of Councilor Maxine Parker. She said that they had been discussing “city politics” and said that no city business had been discussed.

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The meeting occurred at the same time the council administrator and city clerk took up copies of a addendum item to the agenda. That item proposed to pay $15,000 to cater the funeral of Councilor Miriam Witherspoon who died on Tuesday.

Subsequently a new agenda was distributed which did not include the $15,000 item.

With a few specific statutory exemptions, Alabama Open Meetings Law prohibits public officials from meeting in secret or in private.

Councilors Smitherman, Parker, Roderick Royal, Steven Hoyt and Johnathan Austin were in Parker’s office for the meeting.

When Royal emerged from the secret meeting he complained to the council staff that a Birmingham Weekly reporter had been allowed into the council offices where they could be observed. When asked how many councilors had been in the closed-door meeting, Royal did not answer and instead continued to ask council staff why the reporter had been allowed past.

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  • bhamweekly
    Also, unless it pertains to a matter of good name and character, then no, it's not allowed for personnel issues such as that. Even if it is a matter of good name and character, the law requires them to convene an official meeting and then go into executive session. Upon doing so, they must specify the statutory exemption for the special session.
  • filemanagement
    If they were discussing a personnel issue related to filling the vacancy left by Ms. Witherspoon passing, isn;t that allowed? Or are they required to provide notice of the closed door meeting regarding the discussion of a personnel issue.
    Give them a break!
  • bhamweekly
    If you are interested in learning more about Alabama's Open Meetings law, you can find all the information you need here. http://tinyurl.com/dmyknk

    The problem is that we don't know what they were discussing. Perhaps they were discussing spending $15,000 of public money on Witherspoon's funeral. The circumstances suggest that, but there's no way to know.
  • roxanelamb
    I can't imagine they (the city councilmen/women) would have met 'officially' behind closed doors since they are firmly aware of what they can and cannot do as they were sworn into their positions as city councilman/woman! Perhaps it was a simple conversation that could have been made bigger than it was...especially if Johnathan Austin was present...he would not support an illegal action for a personal issue or political issue of ANY kind. And if anyone knew him...they would say the same thing. With that said, I would imagine that there were good intentions of their 'gathering' -- so, perhaps one should not get too carried away on what is not fact.
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