During a recent council meeting, members discussed the serious financial implications of violations related to the Open Public Meetings Act (OPMA). Council members were reminded that for a first knowing violation, they could be held personally liable for $500, with subsequent violations costing $1,000 each. Additionally, the agency would incur attorney fees, which can escalate quickly.
A case from the Reactima area was highlighted, where an OPMA violation led to costs of approximately $13,000. Another instance involved a Public Records Act (PRA) violation, where the admitted penalty was $15,000, alongside attorney fees amounting to $45,000. These figures underscore the potential financial burden on council members and their agencies.
The discussion also raised concerns about the legal ramifications of OPMA violations. If a court determines that a violation occurred, one possible remedy could be the annulment of decisions made during the meeting, effectively rendering them void. This scenario poses significant risks, particularly regarding contracts, such as property acquisitions. If a court invalidates a contract due to an OPMA violation, it raises critical questions about the status of the transaction, especially in a fluctuating real estate market.
Council members expressed a desire to avoid violations altogether, emphasizing the importance of adhering to legal protocols to prevent costly penalties and potential legal disputes.