Augusta names fire chief pick amid open records questions

AUGUSTA, Ga. — A Georgia government says complying with a demand it delay hiring a new fire chief because of an open records lawsuit is a “a radical and unprecedented remedy,” but a lawyer for four news organizations suing the consolidated city-county says it’s the government that’s trying to overturn settled law in Georgia.

The Augusta Chronicle, The Augusta Press, WJBF-TV and WRDW-TV sued AugustaRichmond County after commissioners named Antonio Burden, now a deputy fire chief in DeKalb County, as the sole finalist for fire chief.

The news outlets want a judge to order the citycounty to turn over records on the three other finalists and wait 14 days after that before hiring a chief.

The city has released some job application materials for Burden, but none for anyone else, despite commissioners acknowledging that they interviewed four finalists.

The Augusta Chronicle reports that city attorney Wayne Brown said in a Wednesday court filing that demanding the 14-day hiring delay is “a radical and unprecedented remedy” unheard of in Georgia courts. He said requests for information about “at least three” finalists was an “appalling” read of the law, which states “as many as three.” Brown claims the phrase allows Augusta to limit its response to just one.

But David Hudson, the lawyer for the news outlets, said Brown’s interpretation clashes with the accepted understanding of the law — that the government must produce names and job applications for at least three finalists and doesn’t permit the release of only one. Under the law, Hudson said, information must be released at least 14 days before a final decision, allowing members of the public to examine candidates’ records and possibly object.

The law says finalists are allowed to withdraw from consideration, but the agency must then release “the documents of the next most qualified person under consideration who does not decline the position.”

One Augusta commissioner dissatisfied with the process, John Clarke, has said he was unaware of any finalist withdrawing before commissioners moved to hire Burden. A day later, the city released Burden’s name as the only finalist for the position.

Brown’s said that if a judge agrees with the news outlets, it will make the court “the hiring authority” for fire chief, as well as “custodian of HR records.” In the meantime, the “indefinite delay” of the hire will put Richmond County residents in danger, he said.

Hudson said Brown’s response is hyperbole. If there’s a danger to the public, he said a hearing on the injunction should be held promptly, rather than delayed as Brown is requesting.

Augusta has been without a permanent fire chief since the November resignation of Chris James, who held the title for eight years.

One of James’ deputy chiefs, Shaw Williams, is serving as interim chief.