(a) The action of any Municipal body purposely to fail to comply with the provisions of this chapter shall invalidate any action not taken in compliance with this chapter. For the purposes of this chapter, "purposely" and "purposeful" shall mean an act complying with the requirements of Ohio R.C. 2901.22(A).
(b) (1) Any person may bring an action to enforce the provisions of Section 105.08. Upon proof of a purposeful violation or threatened purposeful violation of 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.
(2) If the court of common pleas issues an injunction pursuant to this section, the court may award to the party 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.
(3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a purposeful violation or purposeful threatened violation of this section.
(4) A member of a public body who knowingly violates an injunction issued pursuant to this subsection may be removed from office by the prosecuting attorney or the attorney general.
(c) In no event shall the Clerk, administrative personnel or other nonelected Municipal employees, be subject to either civil or criminal liability on account of the failure of any Municipal official or employee or any Municipal body to comply with the provisions of this chapter.
(Ord. 1989-13. Passed 7-12-89.)