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STEUBENVILLE -- City officials are close to resolving a lawsuit filed four months ago over alleged open meetings law violations.
City Council emerged from a closed-door session Tuesday evening and voted 5-1 to accept a proposed settlement in the case, which was filed by Open Government Advocates. OGA is a non-profit in the Cincinnati area.
Fifth Ward Councilman Willie Paul, the lone holdout, said he objects to settling the case without "knowing our accuser." Third Ward Councilwoman Heather Hoover was unable to attend Tuesday's meeting due to a work commitment.
OGA President Brian Ames of Mogodore had petitioned Jefferson County Common Pleas Court for a writ of mandamus that would force the city to "take proper meeting minutes," claiming city officials violated the state's sunshine laws by going into improper executive sessions and not keeping minutes of what's being said when they do.
Ames had asked the court to invalidate any ordinances growing out of the alleged violations and issue an order requiring the city to take minutes during any closed-door session.
He'd cited six closed-door sessions he believed had violated the state's sunshine laws: June 22, 2021, a closed-door meeting to discuss the city's Table of Organization; July 6, 2021, called to discuss "personnel for non-union employees;" Nov. 22, 2021, called to discuss "personnel in finance, city manager, M and R and Parks and Recreation;" Jan. 25, 2022, "personnel such as the council clerk; and July 5, 2022, "the Lovers Lane Project Phase 3, mainly the right of ways."
The complaint also alleged the July 13, 2021, meeting minutes "reflect that council did discuss an ordinance during" the previous week's closed-door meeting.
Ohio Revised Code stipulates public bodies can meet behind closed doors only to discuss:
— The appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee or official, provided their rationale for meeting in secret is made public;
— The purchase or sale of public property;
— Pending litigation;
— Contract negotiations;
— Security protocols;
— Confidential information related to the marketing plans, specific business strategy, production techniques, trade secrets or personal financial statements associated with an application for economic development assistance or negotiations with other political subdivisions.
No votes can be taken in those private meetings, and before going into executive session there must be a quorum present; … the majority must vote in favor of meeting privately and their reason for going into a closed-door session must fall within the parameters spelled out in the ORC.
Ames filed similar complaints in communities across Ohio and is known in some circles as an "open meeting bounty hunter" because when a trial court finds in OGA's favor, "it is required to order the public body to pay a $500 penalty per violation."
Details of the proposed settlement are not being released until the document is brought before council for final approval, but Ames had asked the court to award $500 per violation.