Trending
LISBON -- Retired Tuscarawas County Common Pleas Court Judge Edward O'Farrell has been assigned as the visiting judge to handle the case filed against the Columbiana County Board of Elections last fall by a non-profit group known as Open Government Advocates in care of Brian Ames of Mogadore.
Both Judge Megan Bickerton and Judge Scott Washam had recused themselves from the case due to a conflict.
The lawsuit alleges violations of the Open Meetings Act and named board members David Johnson, Victor Maroscher, Patricia Colian and Larry Bowersock as defendants. Both Johnson and Maroscher are Republicans and Colian and Bowersock are Democrats.
Ames has filed numerous complaints statewide accusing various governmental entities, including the Columbiana County Board of Elections, of breaking the rules regarding open meetings.
The lawsuit claims that each meeting conducted without proper notice constituted a separate violation of the Open Meetings Act and any actions taken during those meetings would be invalid.
Additionally, the lawsuit said the minutes of the meetings failed to record the rationale behind decisions and only recorded the general topics of conversations and the roll calls, claiming each alleged failure to keep proper minutes for each meeting resulted in a separate violation.
The court was asked to award injunctive relief and invalidation under the Open Meetings Act, meaning a $500 civil forfeiture for each violation and an order invalidating actions taken during the meetings.
An answer filed by the attorney representing the board members denied all the claims in the complaint and said the complaint fails to state a claim for which relief could be granted and that the plaintiff lacks standing to assert some or all of the claims.