PEACHTREE CITY, Ga. — A proposed resolution before a south metro Atlanta city council is raising eyebrows.
The proposal done by Peachtree City officials would allow city employees to sue anyone they believe wrote or said anything to defame them in a public media outlet.
A public media outlet, as defined by the resolution, would include television, newspaper and social media sites, like Facebook and Twitter.
The resolution - if passed - would provide coverage for legal expenses related to filing the suit, and would go so far as to allow the City to seek reimbursement for all legal costs if the defendant - accused of defamation - loses in court.
As it stands, the resolution would allow the defamed employee to select their legal council, who would be eligible for reimbursement by the City at a rate not to exceed the hourly rate of the City Attorney, plus 20 percent.
The new resolution would extend to all elected and appointed officials, as well as City employees.
Defamation, under Georgia law, is defined as any false statement about the plaintiff, communicated to a third party that was either negligent or causes intentional harm to the plaintiff. It also defines statements that are so "egregious" that they will always be considered defamatory. That includes making claims that charge another person with a crime punishable by law, among others.
Add to that, Supreme Court precedent generally holds that public figures, like elected officials, can't seek damages for libel or slander unless they can prove malicious intent.
Local newspaper The Citizen asked Peachtree City Manager Jon Rorie about the proposed resolution and whether the guidance would open the door for the city to sue anyone who made a public, negative statement against a City employee.
Rorie responded with: “It’s a brave, new world. It’s not about people criticizing. It’s about being defamed. People think they have the luxury of saying false things about people. No one has the right to say I (or anyone working or volunteering for the city) am corrupt and attack me publicly.”
The resolution will be up for a vote during a 6:30 p.m. meeting at City Hall on April 18, 2019.
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