Frequently Asked Questions
FAQ > Sunshine Laws FAQs > What can be done if a public body violates the Open Meetings Act?

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What can be done if a public body violates the Open Meetings Act?
If any citizen believes that a public body has violated the Open Meetings Act, that citizen may file an injunctive action in common pleas court to compel the public body to obey the Act. If an injunction is issued, the public body must correct its actions, may have to pay court costs, and must pay a fine of $500. Whichever party loses the lawsuit pays the reasonable attorney fees of the other party as ordered by the court. ORC 121.22(I).

If someone is seeking access to a public body’s minutes, and the body is not turning them over, that person can file a mandamus action under the Public Records Act to force the creation of, or access to, meeting minutes. Mandamus can also be used to order a public body to give notice of meetings to the person filing the action. ORC 149.43(C)(1).

Any action taken by a public body while that body is in violation of the Open Meetings Act is invalid. ORC 121.22(H). A member of the public body who violates an injunction imposed for a violation of the Open Meetings Act may be subject to a court action removing that official from office. ORC 121.22(I)(4).