Skip to code content (skip section selection)
(a) Upon proof of a violation or threatened violation of this chapter 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.
(b) If the Court of Common Pleas issues an injunction pursuant to this chapter, the Court may award to the party that sought the injunction all court costs and reasonable attorney’s fees and shall also 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 chapter and the Court determines, at that time, that the bringing of the action was frivolous conduct, as defined in Ohio R.C. 2323.51, the Court may award to the public body all court costs and reasonable attorney’s fees.
(c) 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 chapter.
(d) A member of a public body or other person present at an executive session who knowingly violates an injunction issued pursuant to this chapter may be removed from office by an action brought in the Court of Common Pleas for that purpose.
(Ord. 88-82, passed 8-11-1988; Am. Ord. 06-67, passed 11-9-2006)