Georota DeparTMENT oF Law
40 CAPITOL SQUARE SW
SAMUEL S. OLENS. ATLANTA, Ga 30334-1300 wwwclawga.gov
ATTORNEY GENERAL (404) 656-3300
February 4, 2015
Dana B. Miles, Esq.
Miles Hansford & Tallant, LLC
202 Tribble Gap Road
Suite 200
Cumming, GA 30040
Re: Request for Opinion
Dear Mr. Miles:
Thank you for your recent letter requesting that this office review your conclusions with regard
to two questions posed in the “Report and Recommendation of Investigatory Panel to the City
Council of Cumming.” For the reasons set forth below, I am unable to provide the requested
review.
As to the first question, whether the Charter of the City of Cumming and related City Ordinances
adopting Robert's Rules of Order provide sufficient due process for an impeachment process to
remove a city councilman, this is necessarily a matter of only local concern that requires
familiarity not only with local laws, but with specific facts to which this office is not pr
addition, given the political nature of this question and the likelihood of litigation that wiil
ultimately result from any impeachment proceeding, it would be inappropriate for my office to
weigh in on this matter at this time.
In
As to the second question, whether the release of financial or insurance information regarding
city employees and officials violates the Open Records Act or HIPAA privacy mandates, itis
lear that any attempt to answer the questions posed would necessitate a specific factual review
of the circumstances surrounding the type of information collected and maintained by the city,
the reasons for doing so, the specific information that was released and the circumstances
surrounding that release, It is also clear from various press accounts that there is an ongoing
federal investigation directly related to that information, It would thus be inadvisable for this
office to weigh in without having the benefit of all the facts and while there are other
investigations pending,February 4, 2015
Page 2
trust you understand our inability to respond to your request at this time
sincerely,
S_OSr
Samuel S. Olens
Attorney General
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