Hart County Board of Commissioners

August 29th, 2005

Called Meeting

 

The Hart County Board of Commissioners met August 29th, 2005 at 12 noon in the Hart County Administrative & Emergency Services Center.

 

Chairman R C Oglesby presided with Commissioners Daniel Reyen, Gary Mize, Ricky Carter and Joey Dorsey in attendance.

 

Chairman Oglesby called the meeting to order and reminded those in attendance to follow meeting protocol.

 

Commissioner Reyen entertained a motion to call the meeting to order. Commissioner Carter provided a second to the motion. The motion carried 5-0.

 

County Administrator Jon Caime noted that the BOC office received a letter from the ACLU of Georgia for an open records request for the agenda, minutes and any audiotape or videotape of the October 12th, 2004 Hart County Board of Commissioners' meeting; any correspondence, memorandum, or other documents relating to the posting of the Ten Commandments in the Hart County Courthouse or other county property.

 

Administrator Caime reported that he contacted 4 of the 5 BOC members via telephone. The consensus of the BOC members contacted was to remove the Ten Commandments from the Hart County Courthouse. He added that the purpose of the meeting was to ratify the decision the BOC members made via telephone.

 

County Attorney Walter Gordon noted that there has been a question raised concerning opening BOC meetings with prayer. He recommended that they leave the practice as is pending resolution of the Cobb County, Georgia case. However, make it clear that the option to open the meetings with prayer is open to anyone and any religious organization. He also suggested that the BOC re-order the meeting agenda to offer prayer first, the Pledge of Allegiance second and then the Call to Order.

 

Commissioner Reyen entertained a motion to reorganize the meeting agenda as recommended by the County Attorney. Commissioner Mize provided a second to the motion. The motion carried 5-0.

 

Attorney Gordon noted that as a result of the recent court rulings and the request from the ACLU, as County Attorney he recommended that the BOC ratify the County Administrator's removal of the display of the Ten Commandments. He noted that 1) the display of the Ten Commandments is not legal under laws of the State of Georgia and the United States 2) the county does not need to engage in a costly legal battle which it would be likely to lose, and 3) the Bible gives guidance where the Ten Commandments are to be kept.

 

Attorney Gordon noted two recent Supreme Court decisions on the display of the Ten Commandments in public buildings emphasize that the manner of display, and the motivation of the government in allowing the display are the major factors in determining legality. He also observed that October 12th, 2004 minutes demonstrate that the purpose of the display here was religious of nature, rather than historical, and would not pass the test in the Kentucky case.

 

He reported that Cobb County spent $100,000 to defend the display, that Habersham County spent $75,000 and Barrow County spent as much as $500,000 in legal fees and all three counties lost the case to display the Ten Commandments. Therefore, he recommended that the BOC ratify their decision to remove the display from the courthouse property.

 

Attorney Gordon also noted that the Bible directs that the Commandments be kept in our hands, our minds, and our hearts.

 

Commissioner Reyen entertained a motion to ratify their decision to remove the display of the Ten Commandments from the county courthouse. Commissioner Carter provided a second to the motion.

 

Rev. Mike Griffin, Executive Director for Ten Commandments of Georgia, noted that he was disappointed in the BOC's decision to remove the display. He thanked the BOC on behalf of the citizens in the county that endorsed posting the Commandments. He also noted that the manner in which the display was removed gave the appearance of it being a private matter and that they should have been removed in public.

 

Chairman Oglesby called for the vote. The vote carried 5-0.

 

Commissioner Reyen entertained a motion to adjourn the meeting. Commissioner Dorsey provided a second to the motion. The motion carried 5-0.

 

 

 

 

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R C Oglesby, Chairman                                                Lawana Kahn, County Clerk