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    Gang of Five Final Entry

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    Finney Law Firm, LLC
    This document is an agreed judgment entry in a case filed by Relator Mark Miller against the City of Cincinnati and five city council members. It finds that the council members violated open meetings laws through group text messages discussing public business. It orders the city to pay penalties and fees and enjoins future violations. The parties agree to release each other from further claims regarding public records and meetings from before this judgment.

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    © All Rights Reserved
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    Gang of Five Final Entry

    Uploaded by

    Finney Law Firm, LLC
    437 views4 pages
    This document is an agreed judgment entry in a case filed by Relator Mark Miller against the City of Cincinnati and five city council members. It finds that the council members violated open meetings laws through group text messages discussing public business. It orders the city to pay penalties and fees and enjoins future violations. The parties agree to release each other from further claims regarding public records and meetings from before this judgment.

    Original Description:

    Agreed Entry and Injunction resolving Cincinnati's Gang of Five Open Meetings Suit.

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    This document is an agreed judgment entry in a case filed by Relator Mark Miller against the City of Cincinnati and five city council members. It finds that the council members violated open meetings laws through group text messages discussing public business. It orders the city to pay penalties and fees and enjoins future violations. The parties agree to release each other from further claims regarding public records and meetings from before this judgment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    437 views4 pages

    Gang of Five Final Entry

    Uploaded by

    Finney Law Firm, LLC
    This document is an agreed judgment entry in a case filed by Relator Mark Miller against the City of Cincinnati and five city council members. It finds that the council members violated open meetings laws through group text messages discussing public business. It orders the city to pay penalties and fees and enjoins future violations. The parties agree to release each other from further claims regarding public records and meetings from before this judgment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    'FOR COURT USE ONLy

    ENTERED
    s.c. . .J-.
    Une': --::L.-
    MAR 072019

    :.:, ~OURT OF COMMON PLEAS


    HAMILTON COUNTY, OHIO

    Miller

    Relator,

    v.s AGREED JUDGMENT ENTRY

    ALEXANDER PAUL GEORGE FINAL ENTRY


    SITTENFELD, et al.

    Respondents.

    By and through counsel, the parties agree and the Court having been sufficiently advised,

    now therefore:

    IT IS HEREBY ORDERED AND ADmDGED AS FOLLOWS:

    1. State of Ohio ex reI. Mark W. Miller ("Relator") has filed the within action against

    Respondents City of Cincinnati, Ohio ("City of Cincinnati"), as well as five of its Councilmembers

    Alexander Paul George Sittenfeld, Christopher Seelbach, Wendell Young, Tamaya Dennard, and

    Greg Landsman (the "Councilmember Respondents") (the City of Cincinnati and the

    Councilmember Respondents are referred to collectively as the "Respondents").

    2. At all relevant times, Article II § 5 of the City Charter of the City of Cincinnati

    declared that "[t]he proceedings of the council shall be public," and that "[t]he council shall keep

    a journal of its proceedings which shall be a public record." Likewise; R.C. § 121.22(C) requires

    that "[a]ll meetings of any public body are declared to be public meetings open to the public at all

    times," and further declares that "[t]he minutes of a regular or special meeting of any public body

    shall be promptly prepared, filed, and maintained and shall be open to public inspection."

    3. In White v. King, 147 Ohio St. 3d. 74, 2016-0hio-2770, 60 N.E.3d 1234, the Ohio

    Supreme Court enunciated that "R.C. 121.22 prohibits


    _.._--_
    ~--~--
    any private prearranged
    .. -
    _--~ -~-
    discussion of public
    '\

    {00278673-4} I
    II
    0124772972
    "

    business by a majority ofthe members of a public body regardless ofwhether the discussion occurs

    face to face, telephonically, by video conference, or electronically bye-mail, text, tweet, or other

    form of communication." Id., at ~ 15.

    4. Between January 1 through October 23, 2018, the Councilmember Respondents

    sent group text messages among each other, some of which constituted a private prearranged

    discussion of public business.

    5. In October and November of 2018, Respondents used the services of Binary

    Intelligence to collect and process text messages from Councilmember Respondents' cell phones,

    including taking steps to recover, if necessary, any and all text messages sent or received by

    Councilmember Respondents from January 1 through October 23,2018.

    6. Prior to the engagement of Binary Intelligence, Councilmember Respondent Young

    deleted text messages that were responsive to the Relator's discovery requests and which, but for

    their deletion, would have been recovered by Binary Intelligence.

    7. The Councilmember Respondents are hereby ENJOINED from conducting any

    private prearranged discussion of public business by a majority of the members of the Cincinnati

    City Council via a group text message, email chain, or telephone call.

    8. With respect to the private prearranged discussions ofpublic business by a majority

    of the members of the Cincinnati City Council by the Councilmember Respondents that occurred

    between January 1,2018 and ended no later than October 23,2018 (i.e. meetings), Respondents

    are hereby ENJOINED to create and maintain minutes of said meetings and make them available

    to the public. These minutes are attached as Exhibit A to this Agreed Entry.

    9. Further, Respondents are ENJOINED to provide copies of the actual e-mails

    otherwise recorded communications (e.g. audio or video recordings), and text messages or other

    {00278673-4}
    ,
    \.

    electronic communications which were recovered and/or collected by Binary Intelligence and that

    made up the meetings to the Relator within ten days of the date of this entry.

    10. Further, Respondents are ENJOINED to provide copies of (1) all emails from the

    Councilmember Respondents' City or personal email accounts sent between the Councilmember

    Respondents or any combination of the Councilmember Respondents from January 1, 2018 -

    October 23, 2018 within 20 days of the date of this entry; and (2) all text messages between the

    Councilmember Respondents or any combination of the Councilmember Respondents from

    January 1, 2018 - October 23,2018 which were recovered and/or collected by Binary Intelligence

    to Relator within ten days of the date of this entry. The production of these emails and text

    messages does not constitute an admission that they are all records under RC. 149.011(G).

    11. It is further ORDERED AND DECREED that, pursuant to the Open Meetings Act

    and R.C. 149.351, the City of Cincinnati shall pay to Relator Mark W. Miller, the sum of$I,OOO

    as a statutory forfeiture pursuant to RC. 121.22; the sum of $10,000 as a statutory forfeiture for

    Respondent Wendell Young having deleting his text messages, pursuant to RC. 149.351; and

    attorney fees in the sum of $90,000, pursuant to R.C. 121.22 and 149.351.

    12. It is further ORDERED AND DECREED that, pursuant to the Open Meetings

    Act, the City of Cincinnati shall pay all costs associated with this matter.

    13. Relator agrees to release Respondents from any and all claims pursuant to Ohio's

    public records law and open meetings law arising out of the released communications.

    14. The parties acknowledge service of process and waive any needed amendments or

    defects herein.

    15. The parties represent they were each afforded opportunity to consult with

    independent legal counsel prior to entering into this Agreed Entry.

    {00278673-4}
    •

    ,
    \.>

    , '!

    16. .This Agreed Entry resolves and disposes of any and all claims of Relator held in

    any capacity against Respondents relating to all public records and open meetings matters which

    may have occurred prior to the date of this Entry and shall operate as res judicata and collateral

    estoppel against comparable claims being raised against Respondents.

    17. Accordingly, the parties agree that any claims not specifically addressed by this

    Entry are dismissed with prejudice. i


    i

    IT IS SO ORDERED.

    Dated:
    -----------
    Judge

    Agreed:
    Paula Boggs Muething (00080018)

    1i&r~
    Bnan C. Shrive (0088980) Peter J. StaCkp1:to72i03)
    Christopher P. Finney (0038998) Deputy City Solicitor
    FINNEY LAW FIRM, LLC Emily E. Woerner (0089349)
    4270 Ivy Pointe Blvd., Suite 225 Assistant City Solicitor
    Cincinnati, OR 45245 801 Plum Street, Suite 214
    (513) 943-6656 Cincinnati, OR 45202
    (513) 943-6669 (fax) (513) 352-3350
    [email protected] (513) 352-1515 (fax)
    [email protected] [email protected]

    Attorneys for Relator Attorneys for Respondents

    {00278673-4}

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