The Calhoun County Commission may have violated the Alabama Open Meetings Law when it met last week with Anniston Army Depot officials.
The law, also known as the Sunshine Law, states when a quorum, or at least half, of a public governmental body is meeting together, it must be open to the public.
Also present at the meeting was David Springer, an Washington-based attorney hired with public funds to secure financial compensation for the county for any adverse economic impact the incinerator has on the community
Commissioners say, because of Springer's presence, they are not violating the Open Meeting Law, because they are bound by attorney-client privilege.
"(Springer) is the one that did all the talking," said Calhoun County Commission Chairman Randy Wood. "What we have there is attorney-client privilege."
Commissioner Eli Henderson agreed that the meeting should be protected.
"The door was open, and our attorney was here with us. That's attorney-client privilege," Henderson said. "We'd never violate the Sunshine Law. We probably should have called (the media) in, but that was David Springer's call."
Springer said he was unsure what the requirements are for the Alabama Open Meetings Law and referred questions about any possible violation to Calhoun County Attorney Tom Sowa.
Sowa could not be reached for comment Monday night.
"I was acting in the capacity of a lobbyist for the commission," Springer said.
However, when pressed on the issue of attorney-client privilege, he said he did consider what was discussed on behalf of the commission to be privileged information.
The Alabama Supreme Court ruled in 1993 that attorney-client privilege exempts public officials from the law when they are discussing pending litigation. No lawsuits have been filed by or against the county concerning the Chemical Stockpile Emergency Preparedness Program, or CSEPP.
However, an attorney for the Alabama Press Association said attorney-client privilege may excuse public officials from the Open Meeting Law if the attorney is called in to discuss a particular issue.
Officials discussed emergency preparedness concerns in the event of a chemical accident at the Anniston Army Depot incinerator, commissioners said.
According to a letter signed by Springer and Henderson, who was commission chairman at the time, Springer was hired to lobby the Congress, the Department of Defense and the Federal Emergency Management Agency for federal impact fees.
Springer was the primary spokesman for the meeting with Lt. Col. Bruce Williams, the Army's head of the chemical weapons stockpile at the Anniston Army Depot, and Tim Garrett, the Army's project manager for the Anniston incinerator.
Commissioners, who said they did little or no talking during the meeting, said they are not in violation of the law.
"My attorney (Springer) said it doesn't," Commissioner Lea Fite said when asked if the meeting violated the Sunshine Law.
Commissioner James "Pappy" Dunn agreed. "Our attorney indicated that by calling the meeting through him, we could legally hold the meeting."
Commissioner Robert Downing said he was unaware if anyone asked for the meeting to be held privately and said "no effort was made to hide anything from the press."
Commissioners emphasized that Garrett and Williams called the meeting, but the depot officials said the meeting was scheduled by the commission.
"I was asked by a commissioner to come down there and talk with them," Garrett said.
Williams said he had mentioned to commissioners over a period of about two months that members of the two groups need to get together in an attempt to improve communication, but commissioners scheduled the meeting.
Almost every commissioner called the meeting productive and an excellent exchange of ideas, but depot officials don't see it that way.
"I had higher expectations. There wasn't anything new," Williams said. "It was five minutes of meeting issues crammed into 60 minutes of meeting."
