Cincinnati Enquirer v. Cincinnati Board of Education
949 N.E.2d 1032
Ohio Ct. App.2011Background
- The Cincinnati Enquirer sued to enjoin the Cincinnati Board of Education for alleged Open Meetings Act violations.
- The Hamilton County Common Pleas Court granted summary judgment for the Enquirer, ordered compliance with the OMA, and imposed a $500 civil forfeiture plus costs, but denied attorney fees.
- In 2009, board president Bates convened an emergency meeting to discuss deferral of a city stadium payment owed to the board under a 1999 agreement.
- Two city council members discussed deferral of the October 2009 stadium payment with Bates and the board treasurer prior to the meeting.
- At the meeting, Bates disclosed those conversations and Ingram moved to enter into executive session to discuss legal issues; counsel attended and the session proceeded privately.
- The private session included general, bond, and tax counsel; no deliberations occurred and no decisions were reached during the session.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the executive session violated the OMA | Enquirer contends the session was a meeting for deliberations on public business. | Board argues the session was not a meeting under the OMA and involved just private legal advice. | No violation; session not a meeting because no deliberations or decisions occurred. |
| Whether attorney fees or costs were warranted | Enquirer is entitled to fees if a violation occurred. | If no violation occurred, fees and costs are not warranted. | Reversed on fees; since no OMA violation, no attorney fees or costs awarded. |
Key Cases Cited
- Doe v. Shaffer, 90 Ohio St.3d 388 (Ohio 2000) (civil remedies and standards relevant to public records actions)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (standards for summary judgment and open meeting considerations)
- State ex rel. Cincinnati Post v. Cincinnati, 76 Ohio St.3d 540 (Ohio 1996) (open meetings and public records principles)
- State ex rel. Cincinnati Enquirer v. Hamilton Cty. Commrs., 1st Dist. No. C-010605, 2002-Ohio-2038 (Ohio App. 1st Dist. 2002) (case interpreting OMA deliberation and meeting concepts)
- Theile v. Harris, 1st Dist. No. C-860103, 1986 WL 6514 (Ohio App. 1st Dist. 1986) (private consultation with legal counsel not a deliberation)
- Steingass Mechanical Contracting, Inc. v. Warrensville Hts. Bd. of Edn., Ohio App.3d 321 (2003-Ohio-28) (informational legal advice sessions without deliberations are not OMA violations)