A business owner is suing the City of Glennville, the mayor, and three council members for comments made in a ‘meeting after the council meeting’ that were captured on camera.
The lawsuit stems from an April 28, 2026 city council meeting. At the conclusion of that meeting, Mayor Bernie Weaver and council members Marcus Nobles III, Tammy Waters, and Greg Janeczek remained behind to talk about various items, to include a fellow council member, city staff, citizens, business owners, and more. At times, they joked about violating state laws about quorums and open meetings.
While some have stated the gathering did not constitute a violation because ‘no official business was conducted,’ the Georgia Open Meetings Act is clear: a vote is not required to rise to the level of a violation as the mere discussion of city-related matters is sufficient for that standard.
But the legal aspects of the meeting were overshadowed by the content of their statements. Zuber Malek, a business owner in Glennville and Tattnall County generally, was referred to as a ‘terrorist,’ presumably because of his Muslim faith. Notably, Malek was Weaver’s challenger in the mayoral race in 2023.
Lawsuit
Zuber Malek filed a suit in Tattnall County Superior Court earlier this month and notes that Malek already completed the statutory requirement of serving an ante litem notice. The suit names the City of Glennville, Mayor Bernie Weaver, and council members Marcus Nobles III, Tammy Waters, and Greg Janeczek. All four are sued in their individual capacities.
Most notably, the suit states that Malek “sought a public retraction and an apology that was rejected.”
The suit states that Malek’s young son heard about the remarks at school and asked his father, “What is a terrorist?” It also states that Malek has “experienced humiliation, emotional distress, injury to his personal and business reputation, and injury to his standing in the community.”
Outlined in the suit, attorneys allege:
Slander Per Se
- Because the defendants referred to Malek as a terrorist, which is “false and defamatory on its face.”
- The statements, the suit alleges, “falsely impute to Mr. Malek criminal conduct, violent extremism, dangerousness, and conduct punishable by law. The statements also tend to injure Mr. Malek in his trade, profession, or business by falsely associating him with terrorism and religious extremism.”
- “Because the statement constitutes slander per se pursuant to OCGA 51-5-4, damages are inferred, and Plaintiff is entitled to recover general damages without proof of special damages.”
- The suit also states the derogatory statements were not privileged. They were not reasonably necessary to any legitimate City business or part of any authorized governmental function.
- Defendants are not entitled to official immunity because they acted with actual malice and actual intent to injure
The suit also takes issue with the apology published in the newspaper on May 14 because it characterized comments as “impromptu discussion” and described the after-meeting gathering as “a custom to remain at the end of every meeting, address citizens directly, and engage in polite conversation…Characterizing the meeting as customary and polite, despite the nature of the statements made about Mr. Malek, further demonstrates the Defendants’ disregard for the seriousness and harmful nature of their conduct.”
Violation of the Georgia Open Meetings Act
The after-meeting discussion was not open to the public, was not properly noticed to the public, no agenda or meeting were prepared for the after-meeting discussion, and they did not properly enter into executive session.
They “knowingly and willfully, or at minimum, negligently participated in the after-meeting discussion,” the suit says.
Intentional Infliction of Emotional Distress
- Refers to the behavior as “extreme and outrageous,” while acting in a setting connected to their public positions and City business.
- They went beyond a mere insult because it exceeded “all possible bounds of decency tolerated in a civil society.”
- “Mr. Malek suffered severe emotional distress, humiliation, loss of peace of mind, injury to personal dignity, and continuing distress arising from the impact of Defendants’ conduct on his family.”
The suit asks for:
- A judgement against the defendants in the amount determined by a jury to fairly & fully compensate Malek
- Punitive damages determined by a jury to ‘deter, penalize, and punish Defendants for their conduct”
- An order enjoining the City of Glennville, its governing body, and its officials from further violations of the Georgia Open Meetings Act.
- An order requiring the City of Glennville, the governing body, and its officials to comply with all statutory requirements concerning public access, notice, agendas, minutes, votes, and executive sessions.
- Civil penalties against Weaver, Nobles, Waters, and Janeczek
- Reasonable attorney’s fees and expenses of litigation
- All costs associated with the action
- Any other relief the court deems proper
Malek is represented by Greg Gilluly Jr. and Brent Savage of Savage, Turner, Pinckney, Savage, Sprouse & Gilluly. The City of Glennville is represented by Andrew Johnson, the current city attorney, however, it is not unusual for municipalities to retain outside counsel for litigation matters.
