(a) An ordinance, resolution, rule or formal action of any kind is invalid and void unless adopted in an open meeting of the public body. An ordinance, resolution, rule or formal action of any kind that results from deliberations in a meeting not open to the public is invalid and void unless the deliberations were for a purpose specifically authorized by the Charter and conducted at an executive session held in compliance with the Charter and this chapter.
(b) Any person may bring an action to enforce the provisions of this section. Upon proof of a violation or threatened violation of this section in an action brought by any person, the Court of Common Pleas shall issue an injunction to compel the members of the public body to comply with its provisions. If the Court of Common Pleas issues an injunction pursuant to this section, the court may award to the person that sought the injunction all court costs and reasonable attorney's fees and also shall order the public body that it enjoins to pay a civil forfeiture of one hundred dollars ($100.00). If the Court of Common Pleas does not issue an injunction pursuant to this section and the court determines at that time that the bringing of the action was frivolous conduct as defined in Ohio R.C. 2323.51(A), the court may award to the public body all court costs and reasonable attorney's fees. Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section.
(c) A member of a public body who knowingly violates an injunction issued pursuant to this section may be removed from office by an action brought in the Court of Common Pleas for that purpose by the Law Director, his designee or by the Attorney General of the State of Ohio.
(Ord. 91-14. Passed 4-15-91.)