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LISBON -- Columbiana County Board of Elections members agreed Monday to pay a $3,500 settlement and put their meeting notification policy in writing to end a lawsuit filed against them over alleged Open Meetings Act violations.
"This was a nuisance lawsuit, a frivolous lawsuit that we are being forced to comply with," board chair David Johnson said, stressing that his statement was his opinion, not that of the board as a whole.
Johnson, a Republican, and his two Democratic counterparts, Patrician Colian and Larry Bowersock, all voted to approve both the resolution for the comprehensive settlement agreement with the non-profit known as Open Government Advocates and the resolution regarding setting the time and place of all regularly scheduled and special meetings. Member Victor Maroscher was unable to attend the meeting.
Open Government Advocates, in care of Brian Ames of Mogadore, has filed numerous lawsuits against government entities for claims of violating the rules for open meetings, with multiple cases pending.
The lawsuit filed last fall against the election board and the four board members claimed the board failed to establish a rule for notification of its meetings during its organizational meeting in March 2021 and did not provide notice of the meetings that properly reached the general public. The court had been 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.
The settlement limited the cost to $3,500, which will come out of the board of elections appropriations.
"They initially wanted more than that," Johnson said regarding the non-profit, adding the board's legal counsel was able to negotiate it down. "I think it's better to not spend taxpayer money fighting this."
He said the cost could have been a lot more if they continued fighting. Legal counsel for Open Government Advocates last week filed the voluntary dismissal of its lawsuit, per the agreement.
Retired Tuscarawas County Common Pleas Court Judge Edward O'Farrell, who was just assigned to handle the case last month as a visiting judge, officially dismissed the complaint last Wednesday in Columbiana County Common Pleas Court.
The motion to dismiss all claims with prejudice was one sentence. Court costs were assessed to Open Government Advocates.
In his remarks, Johnson stressed that the board has always given advanced notice of its meetings and never had a single complaint from anyone about wanting to attend a meeting and not knowing when it was being held.
He said the only difference the settlement does is put the meeting notification policy in writing. He said all regular meetings will be held the day before and the day of an election, with all other meetings to be referred to as special meeting. At the beginning of every year, the policy adopted Monday will be renewed.
"Anyone can attend these meetings and that's always been our policy," Johnson said.
He pointed out a section of the settlement agreement that said, "It is understood and agreed that the consideration as referenced herein is made entirely for the purposes of settling a dispute and to settle and extinguish all actions, causes of action, suits, proceedings, damages, claims, and rights of plaintiff against defendants. By tendering the aforesaid consideration, defendants expressly deny any violation of law or liability and do not admit any violation of law or liability."
The board consistently notifies the media and anyone who requests notification of meetings via email and also posts a notice on the website and on the door.
According to the settlement, the case can't be refiled against the board, but when asked if the monetary settlement could embolden the group to file against other entities in the county to make claims of violations, Johnson said he would urge every public entity to ensure their public meeting policy is in writing.
He said the board of elections never had an issue with people not knowing when the meetings are and the group in question didn't approach them about a problem. He said they "filed a lawsuit so they could make money."
The board will reconvene today at 7 p.m. to handle any action necessary for today's special election.
mgreier@mojonews.com