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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Saturday, November 06, 1999

Lebanon to pay fine for illegal meeting




BY SHEILA McLAUGHLIN
The Cincinnati Enquirer

        LEBANON — The city will have to pay The Cincinnati Enquirer $6,000 in expenses and penalties to settle a lawsuit the newspaper filed last January over an illegal executive session.

        The court order, issued Friday by Judge P. Daniel Fedders, of Warren County Common Pleas Court, awarded The Enquirer $5,500 in attorney fees and a $500 fine.

        “Prior to the charter amendment of May 4, 1999, the holding of executive sessions by the Lebanon City Council was a clear violation of the Lebanon city charter. Said practice was not legally defensible,” Judge Fedders wrote in levying the mandatory fine.

        The newspaper's suit against council members and then-City Manager Richard Hayward involved an executive session on Jan. 12.

        The newspaper claimed city council violated its charter, which states “all meetings of council shall be open to the public.”

        The judge issued an injunction, barring Lebanon from holding further executive sessions pending the outcome of a May 4 election. Voters passed a charter amendment allowing executive sessions, an action which rendered the lawsuit moot.

        However, the award of a $500 civil fine and reasonable attorney fees are mandatory in cases where an injunction is issued against a public body.

        Lebanon officials could not be reached Friday.

        Judge Fedders denied The Enquirer's request to pay for attorney fees associated with fighting a gag order Mr. Hayward placed on city employees the day after the lawsuit was filed. The gag order forbade workers from talking to the media.

       



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