§ 314. Penalty and enforcement
(a) A person who is a member of a public body and who knowingly and intentionally violates
the provisions of this subchapter, a person who knowingly and intentionally violates
the provisions of this subchapter on behalf or at the behest of a public body, or
a person who knowingly and intentionally participates in the wrongful exclusion of
any person or persons from any meeting subject to this subchapter shall be guilty
of a misdemeanor and shall be fined not more than $500.00.
(b)(1) Prior to instituting an action under subsection (c) of this section, the Attorney
General or any person aggrieved by a violation of the provisions of this subchapter
shall provide the public body written notice that alleges a specific violation of
this subchapter and requests a specific cure of such violation. The public body will
not be liable for attorney’s fees and litigation costs under subsection (d) of this
section if it cures in fact a violation of this subchapter in accordance with the
requirements of this subsection.
(2) Upon receipt of the written notice of alleged violation, the public body shall respond
publicly to the alleged violation within 10 calendar days by:
(A) acknowledging the violation of this subchapter and stating an intent to cure the violation
within 14 calendar days; or
(B) stating that the public body has determined that no violation has occurred and that
no cure is necessary.
(3) Failure of a public body to respond to a written notice of alleged violation within
10 calendar days shall be treated as a denial of the violation for purposes of enforcement
of the requirements of this subchapter.
(4) Within 14 calendar days after a public body acknowledges a violation under subdivision
(2)(A) of this subsection, the public body shall cure the violation at an open meeting
by:
(A) either ratifying, or declaring as void, any action taken at or resulting from:
(i) a meeting that was not noticed in accordance with subsection 312(c) of this title; or
(ii) a meeting that a person or the public was wrongfully excluded from attending; or
(iii) an executive session or portion thereof not authorized under subdivisions 313(a)(1)-(10)
of this title; and
(B) adopting specific measures that actually prevent future violations.
(c) Following an acknowledgment or denial of a violation and, if applicable, following
expiration of the 14-calendar-day cure period for public bodies acknowledging a violation,
the Attorney General or any person aggrieved by a violation of the provisions of this
subchapter may bring an action in the Civil Division of the Superior Court in the
county in which the violation has taken place for appropriate injunctive relief or
for a declaratory judgment. An action may be brought under this section no later than
one year after the meeting at which the alleged violation occurred or to which the
alleged violation relates. Except as to cases the court considers of greater importance,
proceedings before the Civil Division of the Superior Court, as authorized by this
section and appeals therefrom, take precedence on the docket over all cases and shall
be assigned for hearing and trial or for argument at the earliest practicable date
and expedited in every way.
(d) The court shall assess against a public body found to have violated the requirements
of this subchapter reasonable attorney’s fees and other litigation costs reasonably
incurred in any case under this subchapter in which the complainant has substantially
prevailed, unless the court finds that:
(1)(A) the public body had a reasonable basis in fact and law for its position; and
(B) the public body acted in good faith. In determining whether a public body acted in
good faith, the court shall consider, among other factors, whether the public body
responded to a notice of an alleged violation of this subchapter in a timely manner
under subsection (b) of this section; or
(2) the public body cured the violation in accordance with subsection (b) of this section.
(e) A municipality shall post on its website, if it maintains one:
(1) an explanation of the procedures for submitting notice of an Open Meeting Law violation
to the public body or the Attorney General; and
(2) a copy of the text of this section. (Amended 1979, No. 151 (Adj. Sess.), § 4, eff. April 24, 1980; 1987, No. 256 (Adj. Sess.), § 5; 2013, No. 143 (Adj. Sess.), § 4; 2015, No. 129 (Adj. Sess.), § 2, eff. May 24, 2016; 2017, No. 113 (Adj. Sess.), § 1; 2023, No. 133 (Adj. Sess.), § 7, eff. July 1, 2024.)