Wednesday, January 27, 1999
No closed meetings, judge tells Lebanon
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
LEBANON — The city's charter prohibits city council from meeting in executive session, a Warren County judge ruled Tuesday.
At The Cincinnati Enquirer'srequest, Common Pleas Judge P. Daniel Fedders issued a temporary restraining order banning members of Lebanon City Council from holding exec utive sessions for any reason.
“We did it exclusively to make sure they don't do it again,” said Jack Greiner, a lawyer for the Enquirer. City council met Tuesday night for a regular meeting.
“There's not a whole lot of controversy whether Lebanon City Council can go into executive session. It's clear that they cannot.”
The judge's order was prompted by a lawsuit the Enquirer filed against council members and Lebanon City Manager Richard Hayward last week. The newspaper claimed city council violated its charter and the Ohio Open Meetings Act when it held an executive session Jan. 12.
Ohio law permits governmental bodies to meet in private or executive session — meetings closed to the public, including reporters — to discuss such issues as personnel matters, lawsuits and real estate acquisition. But Lebanon's city charter states “all meetings of council shall be open to the public.”
The newspaper asked that any action taken during the executive session be declared invalid and that city officials distribute minutes of what was discussed.
City Attorney Bill Duning did not return calls from the Enquirer on Tuesday. He said last week that the executive session was held because council wanted legal advice from him regarding an employment issue.
Councilman Mark Flick refused to attend the executive session on Jan. 12 because he said it violated the city charter. “That made my point, didn't it?” Mr. Flick said of the judge's order.
The restraining order is good for 14 days. The Enquirer has asked for a preliminary injunction to block council forever from holding executive sessions, but that matter was not settled Tuesday.
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