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South Lebanon council approves $11,000 settlement over locked-door Open Meetings Act claim
Summary
The council voted to settle a lawsuit alleging two meetings had been held with the front doors locked; Law Director Chase Kirby told the council the city re-passed the affected legislation and negotiated payment of $11,000 (including attorney fees and statutory fines).
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The South Lebanon City Council voted to approve a settlement in a lawsuit alleging two violations of Ohio’s Open Meetings Act after the city learned the front doors to city hall had been locked during portions of earlier meetings.
Law Director Chase Kirby told the council the city investigated and found an automatic-locking mechanism had caused the doors to be locked during parts of the Feb. 19 and March 19 meetings. "We found out that that was in fact the case," Kirby said, and the city has since re-passed the legislation that had been adopted at the March meeting in an open session.
Kirby summarized the negotiated payment: "The agreed-upon amount would be $10,000. There are also two statutory damages, they're civil forfeitures, each $500. So, the grand total would be $11,000," he said. Kirby also said the city has agreed to ensure all future meetings will be held with open doors and that staff have taken steps to prevent a recurrence.
Council members discussed how to fund the payment; Kirby said the city will need an appropriation and that he would return at the next meeting with the funding request. Mayor Burke and councilors thanked staff and the law director for the work to resolve the matter.
The council then voted to approve the settlement and authorize the payment. Councilman Smith was absent and, Kirby said on the record, would have been asked to recuse himself because of a personal relationship with the plaintiff.
The meeting moved on after the vote; no further procedural steps on the lawsuit were announced at that time.

