§ 10-510. Enforcement

   (a) Scope of section. --

   (1) This section does not apply to the action of:

      (i) appropriating public funds;

      (ii) levying a tax; or

      (iii) providing for the issuance of bonds, notes, or other evidences of public obligation.

   (2) This section does not authorize a court to void an action of a public body because of any violation of this subtitle by another public body.

   (3) This section does not affect or prevent the use of any other available remedies.

(b) Petition authorized. --

   (1) If a public body fails to comply with § 10-505, § 10-506, § 10-507, § 10-508, or § 10-509(c) of this subtitle any person may file with a circuit court that has venue a petition that asks the court to:

      (i) determine the applicability of those sections;

      (ii) require the public body to comply with those sections; or

      (iii) void the action of the public body.

   (2) If a violation of § 10-506, § 10-508, or § 10-509(c) of this subtitle is alleged, the person shall file the petition within 45 days after the date of the alleged violation.

   (3) If a violation of § 10-505 or § 10-507 of this subtitle is alleged, the person shall file the petition within 45 days after the public body includes in the minutes of an open session the information specified in § 10-509(c)(2) of this subtitle.

   (4) If a written complaint is filed with the Board in accordance with § 10-502.5 of this subtitle, the time between the filing of the complaint and the mailing of the written opinion to the complainant and the affected public body under § 10-502.5(g) of this subtitle may not be included in determining if a claim against a public body is barred by the statute of limitations set forth in paragraphs (2) and (3) of this subsection.

(c) Presumption. -- In an action under this section, it is presumed that the public body did not violate any provision of this subtitle, and the complainant has the burden of proving the violation.

(d) Authority of court. -- A court may:

   (1) consolidate a proceeding under this section with another proceeding under this section or an appeal from the action of the public body;

   (2) issue an injunction;

   (3) determine the applicability of this subtitle to the discussions or decisions of public bodies;

   (4) if the court finds that a public body willfully failed to comply with § 10-505, § 10-506, § 10-507, or § 10-509(c) of this subtitle and that no other remedy is adequate, declare void the final action of the public body;

   (5) as part of its judgment:

      (i) assess against any party reasonable counsel fees and other litigation expenses that the party who prevails in the action incurred; and

      (ii) require a reasonable bond to ensure the payment of the assessment; and

   (6) grant any other appropriate relief.

(e) Petition. --

   (1) A person may file a petition under this section without seeking an opinion from the State Open Meetings Law Compliance Board.

   (2) The failure of a person to file a complaint with the Board is not a ground for the court to either stay or dismiss a petition.

HISTORY: An. Code 1957, art. 76A, § 14; 1984, ch. 284, § 1; 1991, ch. 655; 2004 Sp. Sess., chs. 1, 6; 2013, ch. 612.