The Complainant alleged that the Subcommittee violated the OMA when it discussed and took action on items not listed on its agendas for two separate meetings. The undisputed meeting minutes revealed that during the public comment section, certain discussions were initiated by Subcommittee members rather than by members of the public. By initiating discussion topics that were not noticed on the agenda during the public comment portion of the meetings, the Subcommittee violated the OMA. Based on the undisputed meeting minutes, we did not find sufficient evidence that the Subcommittee voted or took formal action on any of the unnoticed items discussed at either meeting. We concluded that there was no evidence that the violation was willful or knowing and that injunctive relief was not appropriate because no formal action was taken on the unnoticed discussion topics. VIOLATION FOUND
