Enforcement

Under OMA, any citizen or the state attorney general or any local prosecutor can challenge the validity of a decision of a public body made in violation of its provisions by commencing a lawsuit.

If a decision is made by the body in violation of the law, that decision can be invalidated by the court.

Board May Take Corrective Measures

After a lawsuit has been stated, the public body may reenact the disputed decision to be in conformity with OMA's requirements.

If the reenactment was done correctly, a court may not then declared the decision invalid by reason of a deficiency in the procedure used for its initial enactment.

Penalties for Violating OMA

Any person, including the state attorney general or a local prosecuting attorney, can commence a lawsuit to compel compliance or to enjoin further noncompliance in local Circuit Court.

If successful in obtaining relief in the action (i.e. an injunction), the person is entitled to recover court costs and actual attorney fees.

Criminal Penalties

The first time a public official intentionally violates OMA, he or she can be punished by a maximum fine of $1,000.

For a second offense within the same term of office, he or she can found guilty of a misdemeanor and be fined up to $2,000 and/or jailed for a maximum of one year.

A public official who intentionally violates the act is also personally liable for actual and exemplary damages up to $500, plus court costs and attorney fees.